Partners and dependent children of people who die as a result of a transport accident can claim a lump sum payment and a weekly pension. Lump-sum entitlements are indexed annually and as at July 2024 are $224,370 for a deceased’s family.

In addition, a partner who was even partially dependent on the deceased may receive a weekly pension, equivalent to 80% of the deceased’s earnings. If the deceased was responsible for caring for children or the home, the TAC may provide support. As of 1 July 2024, the maximum weekly rate payable for a deceased worker’s partner is $1,620.

Dependent children of the deceased, may also claim a fortnightly payment and support for their education from the TAC. A deceased worker’s family may also be entitled to payment for:

  • Medical expenses incurred prior to the deceased’s death;
  • Funeral costs; and
  • Counselling services.

If the death was caused by someone else’s negligence, dependents may also make a Common Law claim for damages. As of July 2014, the maximum amount is $1,086,930. This type of claim must usually be brought within six years of the death, although exceptions apply. In a Common Law claim, “dependents” has a much broader meaning and includes any persons even partially dependent on the deceased’s earnings or non-financial contributions, such as child care or home maintenance.

If you have suffered mental injury as a result of a family member being affected by a transport accident, you may also have separate entitlements from the TAC, such as medical expenses and loss of wages. You will be required to lodge a claim in your own right with the TAC. We recommend you contact Arnold Thomas & Becker to advise you further of your rights.

The law in Victoria is beneficial to plaintiffs in Common Law claims in that the deceased’s contribution, if any, to the accident, is not taken into account as it is with other types of claims. If we believe the case is likely to be successful, in most circumstances we will pursue your claim on a ‘no win no fee’ basis. This includes paying for out-of-pocket expenses.