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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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.
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.

How we prove & maximise claim
The goal is fast liability acceptance and a full, fair payout for you.
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.
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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Legal Review
- Reviewed by Christian Foyle, Principal Lawyer.
- Admitted to the Supreme Court of WA as barrister & solicitor in 2008.
- The current WA practising certificate, verified via the Legal Practice Board WA practitioner search.
- Member of The Law Society of Western Australia.
- Top-rated senior personal injury lawyer in WA, featured by Doyle’s Guide, ThreeBestRated, local news, and more.
- Practice Areas: catastrophic injury, serious personal injury, motor vehicle, workers’ compensation, public liability, fatal injury claims, medical negligence
Editorial Policy
- Plain‑English drafting by Dr. Ida Ma (PhD, MBA), reviewed for accuracy.
- WA‑specific citations. Reviewed before publication.
- See editorial policy.
- For corrections or feedback, email contact@foylelegal.com
Relevant Resources
- Limitation Act 2005 (WA)
- Civil Liability Act 2002 (WA)
- Motor Vehicle (Third Party Insurance) Act 1943
- Workers Compensation and Injury Management Act 2023 (WA)
- Fatal Accidents Act 1959 (WA)
- Coroners Act 1996 (WA)
- Department of Justice WA
- Supreme Court of Western Australia
- Main Roads WA
- Insurance Commission of WA (ICWA)
- WA Police Force
- WorkCover WA
Talk to a Real WA Lawyer Today
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