Is it possible to make a personal injury claim on behalf of my dead husband?

Yes, it is possible to make a personal injury claim on behalf of your dead husband.

The process for making a personal injury claim and the amount of personal injury compensation you receive, depends on the situation in which your husband suffered his personal injury.

Motor Accident Personal Injury Compensation

If your husband’s death was the result of an accident on New South Wales roads, you are entitled to make a claim for personal injury compensation. This financial compensation is available even if your husband was partly at fault for the accident.

The personal injury claim must be made within six months of the date of your husband’s death, to ensure that it proceeds without objection by the relevant insurer. The types of compensation available include:

  • The payment or reimbursement of your husband’s funeral expenses;
  • Payment or reimbursement of any hospital or medical expenses incurred by your husband as a result of the accident;
  • Compensation for any lost wages your husband experienced as a result of the accident. For example, if your husband was unable to work after the accident, but before his death, you will receive compensation to cover his lost wages during this period.
  • Compensation for the loss of future financial support that would have been provided by your husband to you and your family.
Workers Compensation

If your husband’s death was caused by a workplace injury, then you are entitled to personal injury compensation. Currently, this personal injury compensation is made up of the following financial components:

  • Payment of lump sum compensation, which is a fixed amount of compensation that is updated twice a year (in March and October). The amount of lump sum compensation payable is currently $504,350 if your husband died after the 30 September, 2013.
  • Weekly compensation payments to any dependent children. The current amount of this weekly compensation is $128.10 per week (if your husband died after the 30th September, 2013).
  • Payment of your husband’s reasonable funeral expenses, with the maximum amount of compensation available for funeral expenses currently set at $9,000.

Other Personal Injury Compensation

If you husband’s personal injury was caused in another way, such as injuring himself in a public place or from a defective product, you are still able to make a claim for personal injury compensation.

To ensure that you and your family are financially protected after your husband’s death, you need to speak to an expert in personal injury law who can explain your options as well as the amount of personal injury compensation available.

If your spouse or another loved one has died as a result of a personal injury, such as a car accident or a workplace accident, and you need advice on making a claim for personal injury compensation, call  Barwick Boitano today on (02) 9630 0444 or email on fjb@bblawyers.com for an appointment.

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