Wrongful death lawyers
Wrongful death claims: Your rights, our fight
Losing a loved one is always devastating, and when that loss is due to someone else’s negligence, the pain can be overwhelming. At GMP Law, our experienced wrongful death lawyers are dedicated to helping families navigate the complex legal landscape during this difficult time.
We understand the emotional and financial toll a wrongful death can take, and we’re here to fight for the justice and compensation you deserve.
Why Choose Gerard Malouf & Partners
Understanding wrongful death claims
A wrongful death claim arises when a person dies due to the negligent, reckless, or intentional actions of another party. These claims are designed to provide financial support to the deceased’s dependents and to hold the responsible parties accountable.
Types of wrongful death claims
Wrongful death claims can stem from various circumstances, including:
- Medical negligence and malpractice: When healthcare professionals fail to provide competent care, leading to a patient’s death.
- Public liability: Deaths resulting from unsafe conditions in public spaces or privately owned facilities open to the public.
- Workplace liability: Fatalities caused by unsafe working conditions or employer negligence.
- Motor vehicle accidents: Deaths resulting from car, motorcycle, bicycle, or pedestrian accidents due to another’s negligence.
We're here to help.
Eligibility for wrongful death compensation
Eligibility for making a wrongful death claim generally depends on two factors:
- If the deceased person would have grounds for a personal injury claim had they survived
- The extent of the claimant’s financial and/or emotional dependence on the deceased.
Typically, eligible claimants include:
- Spouses or de facto partners
- Children (including step-children and adopted children)
- Parents or guardians
- Other close relatives who were dependents of the deceased.
Even if you’re uncertain, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options. Our experienced wrongful death lawyers at GMP Law can help determine your eligibility and guide you through the claim process.
Compensation in wrongful death claims
Compensation in wrongful death cases typically falls into two categories:
1. Pecuniary (economic) damages
- Funeral expenses
- Medical bills related to the fatal injury or illness
- Loss of future household earning potential
- Domestic costs the deceased would have provided (e.g., childcare, property maintenance)
Non-pecuniary (non-economic) damages
- Emotional suffering and psychological impact on family members
- Loss of companionship and guidance.
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about wrongful death claims
Is there a time limit for filing a wrongful death claim?
Yes, there are strict time limits (statutes of limitations) for wrongful death claims. Generally, you have three years from the date of the deceased’s passing to file, but these time limits can vary by state.
It’s essential to consult with a lawyer promptly to ensure you meet all deadlines.
Learn more: Compensation for the Death of a Family Member
How is “dependency” determined in a wrongful death claim?
Dependency is assessed based on both financial and emotional factors. Financial dependency can be demonstrated through evidence of the deceased’s contributions to household expenses, childcare costs, or regular financial support. Emotional dependency considers the nature and closeness of the relationship, particularly for spouses, children, and elderly parents.Â
Our lawyers will work with you to gather evidence such as financial records, testimonies from family and friends, and other relevant documentation to establish dependency.Â
Can I claim compensation if the deceased didn’t have an income?
Yes, you may still be eligible for compensation even if the deceased didn’t have a traditional income. The value of household services, childcare, and other non-financial contributions can be considered in a wrongful death claim. Additionally, non-economic damages such as loss of companionship and emotional support are not dependent on the deceased’s income.
GMP Law offers free initial consultations to help individuals determine if they have a viable case. Our experienced lawyers can guide you through the complex process of evaluating your situation.
How does a wrongful death claim differ from a criminal case for the same incident?
A wrongful death claim is a civil action aimed at providing financial compensation to the deceased’s dependents. It has a lower burden of proof compared to criminal cases (“beyond reasonable doubt”). Criminal cases focus on punishing the offender and are brought by the state, while wrongful death claims are initiated by the deceased’s family. It’s possible to pursue a wrongful death claim even if there’s no criminal case or if the defendant was found not guilty in a criminal trial.
Can I pursue a wrongful death claim if the deceased had a pre-existing medical condition?
Yes, you can still pursue a wrongful death claim even if the deceased had a pre-existing condition. The key is demonstrating that the negligent act accelerated or contributed to the death, even if it wasn’t the sole cause. This often requires expert medical testimony to establish the link between the negligent act and the death. Our experienced wrongful death lawyers can help navigate these complex medico-legal issues.
How are wrongful death settlements taxed?
Generally, compensatory damages in wrongful death settlements are not taxable. However, there are exceptions. Any portion of the settlement that is considered punitive damages may be taxable.
Additionally, if you claim medical expenses as a tax deduction and later receive compensation for those expenses, you may need to report that as income. It’s important to consult with a tax professional to understand the specific tax implications of your settlement.
Justice for family members affected by wrongful death
At GMP Law, we’ve successfully represented clients from various walks of life, securing substantial compensation for wrongful death claims caused by all types of negligence.
$110,000 compensation for emotional distress due to medical negligence
Background
A woman underwent a total left hip replacement and experienced persistent pain for four years. A doctor identified a mass but dismissed it as scar tissue without proper investigation. A year later, she was diagnosed with ovarian carcinoma by another doctor and subsequently passed away.
The challenge
The family sought compensation for the emotional distress caused by witnessing their loved one’s passing due to a delayed diagnosis.
GMP Law’s approach
Obtained expert reports from an oncologist and a gynaecologist confirming substandard care
Secured psychiatric opinions on the emotional distress suffered by each family member
Calculated appropriate compensation based on expert assessments.
Outcome
We successfully obtained a settlement of $110,000 for the family, providing some measure of justice for their loss.
$350,000+ settlement for hospital negligence in Hunter region
Background
A father and husband from the Hunter region passed away due to inadequate post-operative care following heart surgery. The hospital failed to monitor him properly in the ICY, leading to his untimely death.
The challenge
The family sought compensation for the loss of their loved one and their own psychiatric injuries as a result of the hospital’s negligence.
GMP Law’s approach
Conducted a thorough review of medical records
Engaged expert cardiologists to assess the standard of care provided
Obtained psychiatric evidence for each family member to establish nervous shock claims
Arranged mediation to minimise further emotional distress for the family.
Outcome
We successfully negotiated a settlement exceeding $350,000 for the family, providing financial support and acknowledgement of their loss.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your wrongful death claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the negligence claim team
Meet some of the diverse and dynamic wrongful death lawyers who support our clients with their negligence and nervous shock claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our negligence lawyers using the form below, or simply call us 1800 004 878.
