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Fatal Dependency Claims in WA

Lost a family member in a fatal WA road crash? If you depended on them, you may claim dependant (also spelled dependent) compensation. We act fast, deal with ICWA, and keep you informed. No Win, No Fee.

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We confirm fatal dependency claim eligibility, evidence, time limits and next steps. No Win, No Fee.

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Who can claim as a dependant in WA?

A dependency claim is brought under the Fatal Accidents Act 1959 (WA) for eligible dependants who relied on the person who died. It usually follows another party’s negligence in a motor vehicle crash in WA. The payment for these claims is usually provided by the Insurance Commission of Western Australia (ICWA) as the insurer of the liable driver under the CTP scheme.

Who may be eligible (examples):

  • spouse,
  • de facto partner (generally 2+ years or otherwise eligible under WA law)
  • children and stepchildren
  • parents and stepparents
  • grandparents
  • grandchildren
  • siblings
  • a former partner, the deceased was legally supporting.

Eligibility follows the Schedule 2 “relative” list. The dependant must prove actual reliance.

What can you claim

  • Loss of financial support: likely net earnings the deceased would have contributed, plus super.
  • Loss of services: domestic work, childcare, school-run/transport, home maintenance.
  • Final expenses: medical and funeral expenses paid by family (ICWA funeral reimbursement needs invoices and proof of payment).

A separate estate (survival) claim may also apply. We coordinate both so nothing is missed.

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Psychiatric injury (nervous shock) – separate to dependency.

Grief is not compensable in a dependency claim but it is common for people to have a more serious psychological illness, like an adjustment disorder. If a close relative has a diagnosed psychiatric injury, a separate mental harm claim may be available. We assess this at your free consult.

WA Fatal Dependency Claim Results

We act in fatal dependency claims alls across WA. Examples are anonymised and illustrative only. Past results don’t guarantee future outcomes.

$800,000 — Fatal Accident Dependency Claim – De Facto Partner and 2 Children

  • Situation:
    The deceased was riding his motorcycle when he was hit by a negligent driver.
  • Injury:
    The victim received medical aid at the accident site and later died in hospital.
  • Result:
    $800,000 in compensation won after proving the dependency of the claimants.

$1,000,000 — Fatal Accident Dependency Claim – Wife

  • Situation:
    Negligent driver ran off highway, rolling car and killing passenger.
  • Injury:
    The deceased died instantly at the scene of the accident.
  • Result:
    Detailed evidence proving the extent of dependency helped to win $1,000,000 in compensation.

$750,000 — Fatal Accident Dependency Claim – Wife and Elderly Parents

  • Situation:
    Deceased driving a vehicle which collided with another vehicle.
  • Injury:
    The deceased was killed instantly by the impact of the accident.
  • Result:
    $750,000 in compensation won after a difficult argument to establish the dependency of the deceased’s parents.
Foyle Legal

How we prove & maximise claim

The goal is fast liability acceptance and a full, fair payout for you.

1

Prove Liability

We use police file, crash report, witnesses, CCTV/dash-cam, expert reconstruction.
2

Dependency Model

We analyse earnings, tax, super, benefits, career path.
3

Services Valuation

We work with you to value the care provided by the deceased (incl. childcare/school fees impacts).
4

Cohabitation Evidence

joint lease and bills, bank statements, Centrelink/FTB records.
5

Future Loss Estimates

We carefully evaluate losses to ensure your financial future.

We can take over denied or delayed ICWA dependency claims.

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How loss of financial support is calculated

  • Start with likely net earnings and super.
  • Deduct personal living costs.
  • Apply the family’s dependency share across working life.
  • Add the value of lost services at market rates.

We explain our calculations to you so you can get the most financial support before any offer.

Multiple dependants and apportionment

When several dependants qualify, the award is shared by apportionment to reflect actual reliance. We explain each person’s likely share.

Our Process

  • Free consult: we listen, explain options, and map next steps.
  • Notice & evidence: notify ICWA, get evidence like CCTV/records, collect financial and services data.
  • Valuation: build the dependency model and value the claim.
  • Negotiation: conference with ICWA; push for fair financial payout.
  • Court if needed: most legal fees are usually paid by ICWA.

You focus on your family. We handle the rest.

→ See the full personal injury claim process at Foyle Legal.

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Costs

  • No Win, No Fee
  • We explain fees, disbursements, and any Court approval steps up-front.
  • No surprises. Most legal fees are usually paid by ICWA.

Time limits and who starts the claim

  • General limit: Court action is generally required within 3 years of death under the Limitation Act 2005 (WA) s 14.
  • Who files: the executor/administrator usually files one action for all eligible relatives. If no action starts within 6 months, an eligible dependant can commence it.
  • Delays risk evidence loss. Contact us early and we will protect your position.

Special scenarios with ICWA

  • Hit-and-run or unidentified vehicle: claim may proceed against ICWA under the Motor Vehicle (Third Party Insurance) Act 1943 (WA) s 7(3).
  • At-fault driver died or cannot be served: proceedings run against ICWA under s 7(2).
  • Ask us how these apply to your facts.

The Public Trustee and Court approval

  • Settlement often requires an opinion from a Barrister – Foyle Legal helps you to get this opinion.
  • For settlements involving minors or protected persons, the District Court of WA must approve the settlement and may order funds to be protected in trust by the Public Trustee.
  • We obtain evidence from the Coroner’s Court of WA and death certificate if necessary. We also help with court proceedings to conclude the claim.

Evidence Checklist 

  • Names/DOBs and relationship to the deceased.
  • Payslips, tax returns, super statements, Centrelink/FTB.
  • Joint lease/utility bills and joint bank statements.
  • Household budget: who paid what; who did which tasks.
  • School fee invoices and childcare statements.
  • Funeral and related expense receipts.
  • Police details, crash number, attending officers, witness contacts.
  • Photos, CCTV sources, dash-cam, phone video.
  • Bring what you have. We’ll chase the rest.
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WA Fatal Dependency Claims FAQs

Who counts as a dependant in WA?

Examples include spouse, de facto partner (habitation limits apply), children and stepchildren, parents and stepparents, grandparents, grandchildren, siblings, and a former partner the deceased was legally obliged to support. We prove actual reliance.

What compensation can our family receive?

Loss of financial support, loss of services, and funeral/final medical costs paid by family. An estate claim may also run for losses belonging to the deceased.

How long do we have?

If unresolved, court action is generally required within 3 years. If the executor has not started within 6 months, a dependant can commence court proceedings.

We lived together 18 months. What proof helps?

A de facto partner is only a “relative” of the deceased person if they were a de facto partner of the deceased who was living in a de facto relationship with the deceased and had been living on that basis with the deceased for at least 2 years immediately before the deceased died.

Evidence of cohabitation and reliance (lease, bills, bank, Centrelink/FTB, shared expenses) can support a de facto claim. We assess your facts.

Do I need to go to court?

Some cases settle prior to commencing legal proceedings, however, many people find that a better outcome is achieved through District Court proceedings. Usually the Insurance Commission of Western Australia will pay most of the legal costs of the dependant. If children under the age of 18 are involved then court proceedings are necessary as the court needs to approve any settlement reached.

What if our claim was denied or delayed?

We can take over and fix evidence gaps, then re-engage ICWA.

What if the deceased was partly at fault?

Contributory negligence may reduce amounts but does not automatically bar dependants. We quantify the impact.

Can we claim if the driver can’t be found or died?

Often yes, via ICWA under s 7(2)–(3). Ask us about your scenario.

What should I do first after a fatal motor vehicle accident in WA?

After a fatal accident, it’s essential to protect your family’s rights by understanding the injury claim process and WA’s strict time limits.

For step-by-step guidance, see our Personal Injury Claim Process FAQ or start your free claim check now.

Can I claim if the fatal accident happened at work or while travelling for work?

Yes. If your loved one died as a result of a work-related accident, you may be eligible for a workers’ compensation workplace fatality claim as well as a dependency claim. Find out your full rights with our WorkCover lawyers or start your free claim check.

What if criminal conduct or a hit-and-run was involved in the fatal crash?

For road deaths — including hit-and-run — your main path is an ICWA dependency claim under WA’s CTP scheme.

If a deliberate criminal offence caused the death, extra options may exist: limited Criminal Injuries Compensation (only where the vehicle was used to commit a crime) and state assistance for homicide (funeral and related support).

With Foyle Legal, you will be guided by experienced personal injury lawyers in WA. We’ll map all options and direct you to the best route before lodging.

How can I get legal advice fast – and what does it cost?

Foyle Legal offers an obligation-free consultation so you can get clarity on your WA fatal dependency rights and next steps at no upfront cost. Speak directly to our personal injury lawyers today or request your free claim check to get started.

Where can I learn more about WA injury claims?

Start here: our WA Personal Injury FAQs, the Foyle Legal Blog, and our podcast. Plain-English guides, updates, and real WA case insights.

→ Ready to check your eligibility? Free Claim Check.

We’re Here To Help.

Call 1300 300 966 for immediate assistance, or complete the form for a free case review from our expert personal injury lawyers.

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Foyle Legal Provides Legal Services to all of WA

What suburbs in Perth does Foyle Legal provide legal representation to?

Looking for best personal injury & workers compensation lawyers near you in Perth? Foyle Legal provides legal representation for WorkCover claims, workplace injury claims, motor vehicle accident claims, public liability claims, medical negligence claims, criminal injuries compensation claims.

We handle all WA personal injury matters across Perth, including the northern suburbs, southern suburbs, Perth CBD, eastern suburbs, western suburbs, and Fremantle.

North of the river – Northern Suburbs

Ballajura – Bassendean – Bayswater – Beechboro – Carine – Carramar – Clarkson – Connolly – Currambine – Dianella – Doubleview – Duncraig – Eden Hill – Edgewater – Embleton – Glendalough- Greenwood – Gwelup – Heathridge – Hillarys – Inglewood – Innaloo – Joondalup – Kallaroo – Karrinyup – Kingsley – Landsdale – Maida Vale – Malaga – Marangaroo – Mindarie – Mindarie Keys- Morley – Mullaloo – Munster – North Beach – Osborne Park – Padbury – Scarborough – Shenton Park – Sorrento – Trigg – Tuart Hill – Wanneroo – Warwick – Waterman – Wembley Downs – Woodlands – Woodvale – Yanchep

South of the River – Southern Suburbs

Alfred Cove – Applecross – Ardross – Attadale – Bateman – Beaconsfield – Beeliar – Bentley – Bibra Lake – Bicton – Booragoon – Bullcreek – Canning Bridge – Canning Vale – Cannington – Casuarina- Cockburn – Como – Coogee – East Victoria Park – Forrestdale – Gosnells – Jandakot – Karawara – Kelmscott – Kwinana – Melville – Mount Pleasant – Palmyra – Shelley – Spearwood – Success – Wattle Grove – Welshpool – Willetton – Wilson – Winthrop

Perth Inner City

Burswood – CBD/Northbridge – East Perth – Highgate – Leederville – Maylands – Mount Hawthorn- Mount Lawley – North Perth – South Perth – Subiaco – Victoria Park – West Leederville – West Perth – CBD – Kings Park – Northbridge – Perth

Eastern Suburbs

Ascot – Belmont – Carlisle – Kewdale – Newburn – Redcliffe – Rivervale

Western Suburbs

Churchlands – City Beach – Claremont – Cottesloe – Crawley – Daglish – Dalkeith – Floreat – Mosman Park – Mount Claremont – Nedlands – Swanbourne – Wembley

Fremantle

East Fremantle – Fremantle – Hamilton Hill – North Fremantle – O’Connor – South Fremantle

Does Foyle Legal provide Legal presentation to surrounding areas of Perth?

Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.

Avon Valley

Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo

North Coast & Valleys

Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge

Peel Region

Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra

Perth Hills

Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong

Swan Valley

Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman

Does Foyle Legal provide legal service to clients in Regional WA?

Yes, we service all of WA, including remote or regional areas of Western Australia.

Caiguna – Cocklebiddy – Madura – Mundrabilla – Esperance – Woody Island – Goldfields – Balladonia – Boulder – Broad Arrow – Coolgardie – Cue – Gwalia – Kalgoorlie – Kalgoorlie-Boulder – Kambalda – Kookynie – Laverton – Leonora – Menzies – Murchison – Norseman – Warburton – Hopetoun – Munglinup – Ravensthorpe – Wheatbelt – Bolgart – Broomehill – Caballing – Corrigin – Gnowangerup – Holleton – Hyden – Kulin – Lake Grace – Lake Yealering – Merredin – Mullewa – Narembeen – Narrogin – Nungarin – Wagin – Wandering – Watheroo – Williams – Coral Coast – Cervantes to Dongara – Badgingarra – Cervantes – Dongara – Eneabba – Green Head – Jurien – Leeman – Mingenew – Port Denison – Coral Bay – Exmouth – Ningaloo Reef – Abrolhos Islands – Carnamah – Geraldton – Greenough – Northampton – Kalbarri – Port Gregory – Carnarvon – Denham – Monkey Mia – Shark Bay – North West – The Kimberley – Broome Peninsula – Broome – Cable Beach – Roebuck – Dampier Peninsula – East Kimberley – Halls Creek – Kununurra – Lake Argyle – Warmun – Wyndham – West Kimberley – Derby – Fitzroy Crossing – The Pilbara – Karijini -Pilbara Coast – Dampier – Karratha – Onslow – Point Samson – Port Hedland – Roebourne – South Hedland – Thevenard Island – Wickham – Pilbara Outback – Marble Bar – Newman – Pilbara – South West – Blackwood River Valley – Balingup Area – Balingup – Mullalyup – Boyup Brook Area – Boyup Brook – Bridgetown / Greenbushes Area – Bridgetown – Greenbushes – Nannup Area – Jalbarragup – Nannup – Geographe / Bunbury – Bunbury Area – Australind – Bunbury – Eaton – Collie River Valley Area – Collie River Valley – Donnybrook / Capel – Capel – Donnybrook – Glen Mervyn – Kirup – Peppermint Grove Beach – Ferguson Valley Area – Dardanup – Ferguson Valley – Wellington Mill – Wellington Mills via Dardanup – Harvey Area – Binningup – Cookernup – Harvey – Myalup – Preston Beach – Yarloop – Great Southern – Albany Coast – Albany – Big Grove – Bornholm – Emu Point – Little Grove – Middleton Beach – Redmond – Robinson – Bremer Bay Coast – Bremer Bay – Denmark Coast – Bow Bridge – Denmark – Golden Hill – Hazelvale – Kentdale – Nornalup – Frankland River – Frankland – Kojonup – Mount Barker / Porongurup – Amelup – Cranbrook – East Porongurup – Kendenup – Manypeaks – Mount Barker – Narrikup – Porongurup – Margaret River – Busselton/Vasse – Broadwater – Busselton – Geographe – Vasse – Dunsborough/Yallingup – Bunker Bay – Cape Naturaliste – Carbunup – Carbunup River – Dunsborough – Eagle Bay – Marybrook – Naturaliste – Quedjinup – Quindalup – Yallingup – Margaret River Central – Forest Grove – Forest Grove via Margaret River – Gnarabup – Gnarabup Beach – Karridale – Margaret Region – Margaret River – Prevelly Park – Rosa Glen – Margaret River North – Chapman Hill – Cowaramup – Gracetown – Metricup – Wilyabrup – Witchcliffe – Yelverton – Margaret River South – Augusta – Kudardup – Southern Forests – Manjimup Area – Donnelly River – Manjimup – Nyamup – Quinninup – Northcliffe Area – Pemberton Area – Pemberton – West Pemberton – Walpole Area – North Walpole – Walpole

Foyle Legal was Founded by Christian Foyle in Perth, Western Australia

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