Dependency claims provide financial compensation when someone dies due to an accident, or other eligible circumstances. These legal actions recognise that surviving family members often suffer significant economic hardship after losing a loved one who provided financial support.
Under Australian law, each state and territory has specific laws governing how families can seek compensation for a dependency claim. For example, in Victoria, dependency entitlements can arise under both the Wrongs Act and the Workplace Injury Rehabilitation and Compensation Act, each covering different causes of action.
Financial losses covered by dependency claims may include:
Rather than focusing solely on grief, dependency claims address the practical realities of loss. Compensation can help families maintain financial stability during an incredibly difficult time.
There are several ways to seek compensation after losing a loved one due to an accident. The circumstances of the death determine which legal pathway applies.
Common scenarios include:
Fatal road incidents caused by negligent drivers are a common reason for dependency claims. Motor vehicle accident claims following fatal crashes allow surviving families to seek compensation from at-fault parties or insurers. Similarly, motorcycle accident fatalities create grounds for dependency actions where a rider’s death result from other motorists' negligence.
With the growing use of e-mobility devices such as e-scooters and e-bikes, fatalities involving these riders are also increasingly giving rise to dependency claims where a motor vehicle driver is at fault. Pedestrians killed in road incidents may also create grounds for dependency actions where a driver’s negligence contributed to the fatality.
Fatal workplace incidents caused by an employer or unsafe conditions create grounds for dependency actions. Families may seek compensation when a person dies at or as a result of their work. Our work injury lawyers understand how devastating workplace fatalities are to surviving dependents.
In some states, compensation may also be available to dependents of a person who dies because of their work even where the employer was not negligent. These statutory entitlements operate separately from negligence claims and can still provide important financial support to surviving family members.
We recently represented our client Rebecca after the tragic loss of her husband, Leigh, to work-related cancer. Her story highlights how families can seek dependency claims following fatalities caused by occupational illnesses.
If you have lost a loved one due to a workplace incident or work-related illness, speaking with an experienced lawyer can help you understand what compensation may be available to you and your family.
When a loved one passes away due to medical negligence, surviving dependents may be able to make a claim against healthcare providers. This includes cases involving surgical errors, misdiagnoses, the delayed diagnosis of serious conditions, medication mistakes, or other clinical failures.
Public liability incidents can give rise to a dependency claim when your loved one passes away due to another party’s negligence in a public or private space, or defective products from suppliers, importers or manufacturers. In these cases, the party at fault may be held legally responsible for the resulting death.
To succeed in a public liability dependency claim, it must be shown that negligence caused the death. Our lawyers conduct thorough investigations, gather expert evidence, and build a strong case to establish responsibilities, helping families pursue accountability and seek justice they deserve.
Not everyone qualifies as a dependent. Generally speaking, if you were financially reliant on the person who died, you may be considered a dependent. However, the legal definition can vary depending on the circumstances and the legislation that applies.
Australian law defines dependents broadly, recognising that modern family structures extend beyond traditional marriages. Generally, dependents include:
Spouses and partners form the primary category for dependency claims. Legally married partners qualify automatically. De facto partners also hold rights, provided relationships meet duration and cohabitation requirements under relevant state legislation.
Children of a deceased person can claim compensation regardless of age if financial dependency existed. Adult children receiving ongoing support may qualify, particularly those with disabilities or pursuing education.
Parents sometimes depend financially on adult children. When sons or daughters contributed meaningfully to household expenses or care arrangements, surviving parents might hold valid claims.
Siblings and extended relatives occasionally qualify when genuine financial dependency can be demonstrated. Courts examine actual monetary support rather than potential or hypothetical arrangements.
Former spouses receiving maintenance payments may pursue claims if ongoing financial obligations existed at death.
Proving dependency requires evidence showing real financial reliance. Courts examine bank statements, household contributions, living arrangements, and testimony about financial support patterns.
Strict deadlines apply when seeking dependency compensation. Missing these limits can permanently extinguish your rights, regardless of claim strength. We recommend seeking advice from one of our specialist lawyers as soon as possible.
Each Australian state and territory maintains specific limitation periods for dependency claims. While the rules are similar across jurisdictions, important differences can affect when you must start proceedings.
Several factors can make these deadlines complicated:
Taking action early protects your rights. Even during a difficult grieving period, consulting a lawyer ensures deadlines are properly managed, giving you peace of mind when timing matters most.
Our experienced lawyers can guide you through the process, helping you to understand which time limits apply to your specific situation. We can handle the technical requirements while you focus on what matters most.
Dependency claims can be legally complex and usually involve multiple stages, time limits and detailed evidence. Because of this, most families need legal support to properly understand their rights and pursue a claim.
An experienced lawyer can assess whether you are eligible to make a dependency claim, identify the relevant legislation that applies to your circumstances, and manage the legal process on your behalf. Seeking legal advice early can help ensure important steps are not missed.
Strong dependency claims require comprehensive evidence demonstrating both liability and loss. Materials that may be relevant include:
Our dependency claim lawyers will guide you through evidence gathering, identifying what materials strengthen your case. We can also request documents from relevant institutions, interview witnesses, and engage medical, financial or other expert evidence when necessary.
Dependency claims typically proceed through several phases:
If you’ve been injured on the road, we can help you understand your options. Your first appointment is obligation-free so it costs nothing to know where you stand.
Our specialist car accident lawyers will help you through every step of the way and take care of the legal process on your behalf, and help build your TAC claim with the evidence you’ll need.
As your claim progresses, we’ll manage the payment for all reasonable treatment, and, if successful, we’ll pay your compensation as soon as possible.
Our specialist lawyers have decades of experience helping families achieve fair outcomes.
At Maurice Blackburn, our dependency claims team combines legal expertise with genuine care. We understand that every family situation is unique, and we tailor our approach to respect your individual needs.
We also operate on a 'No Win, No Fee' basis, meaning you only pay our fees if we win your case.
Call 1800 111 222 or complete our Free Claim Check online to find out where you stand.
Yes. Australian law recognises de facto relationships for dependency claim purposes. Partners who lived together in genuine domestic relationships can seek compensation by demonstrating relationship duration, cohabitation, financial interdependence, and mutual commitment.
Yes. Unmarried partners are more likely to be asked to demonstrate the legitimacy of their relationship. An experienced lawyer can help you gather the right evidence and guide you through the legal process.
Straightforward matters not requiring proof of negligence might resolve in as early as a few weeks. More complex cases will take longer and could take years.
Multiple claimant situations sometimes occur when several dependents pursue compensation simultaneously. Courts allocate awards among legitimate dependents based on each person's level of financial reliance, which may reduce individual amounts. Our lawyers help navigate these complexities while protecting your interests.
Maurice Blackburn operates on a 'No Win, No Fee' basis for dependency claims. You only pay our legal fees if we win your case, removing financial risk from seeking justice. This ensures everyone can access quality legal representation regardless of their current financial situation.
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Office Leader, Principal Lawyer, Road injury, Work injury
We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.