Compensation for Relatives in Motor Vehicle Accidents in NSW

Losing a loved one can be an incredibly painful and devastating experience. In such tragic circumstances, compensation for relatives claims can provide some financial support to help alleviate the burden on grieving family members.

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HOW DO I MAKE A COMPENSATION FOR RELATIVES CLAIM

To start the claims process, you should complete the Application to Compensate Relatives claim form.


It is important to note that only a single claim is filed against the insurance company, representing all family members who depended on the deceased for services or financial support. It is not necessary for each ‘dependent’ to complete a separate form.


This approach ensures that the claim covers the full range of family members who were dependent on the deceased's income and the services they provided, including those mentioned earlier.

FINANCIAL DEPENDENCY

Motor vehicle accidents can have devastating consequences not just for the victims but also for their families and loved ones. The emotional toll of losing a family member in a tragic accident is immeasurable, and it often comes with significant financial challenges.


To claim compensation for the loss of financial support, relatives must demonstrate their financial dependency on the deceased. This typically involves providing evidence of financial contributions and support received from the deceased, such as bank statements, tax returns, and witness testimonies. 


This evidence helps establish the extent of the financial relationship between the deceased and the claimant.


Calculating the compensation involves assessing the financial contributions the deceased would have made to the family over time, as well as evaluating the services they provided.

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WHAT COMPENSATION CAN I CLAIM?

While financial compensation can never replace your loved one, it can play a vital role in easing the financial burden that comes with the tragedy. For many families, the loss of a family member may result in a significant reduction in household income, making it challenging to cover day to day living expenses, mortgage payments, education costs, bills and many other expenses.


A Compensation to Relatives claim seeks to provide compensation to the immediate family members who relied on the income or services of the deceased individual. These claims encompass various aspects, including financial dependency and reliance on services such as household chores, maintenance work, transportation, and childcare, among others.  For example, if a child loses a parent they can claim for the loss of the financial support they would have received from that parent until the age of 18.

Compensation to Relatives Claim

If you are a spouse, parent, child or sibling of someone who has passed in a fatal accident in NSW, take some weight off your shoulders and start your CTP compensation claim with the help and support of CTP Claim Guide and Stacks Goudkamp.

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HOW IS COMPENSATION CALCULATED?

Compensation for relatives is provided in the form of a single tax-free lump sum payment. In the event that any of the dependants are minors, court approval will be necessary for any proposed settlement.


Similarly, a spouse's claim may include both the loss of financial benefit provided by the deceased and the loss of domestic and childcare assistance they provided. The calculation of this loss is typically done at the commercial rate of providing such services.


The distribution of the lump sum compensation among the dependants follows a well-established formula that takes into account various factors.

TIME LIMITS

Time limits are in place for lodging a compensation to relatives claim.


In New South Wales (NSW), the time limit for motor vehicle accident claims is generally three years from the date of the accident.


It is important to take prompt action and seek legal advice to ensure compliance with the relevant time frames.

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FREQUENTLY ASKED QUESTIONS

  • How do I make a compensation to relatives claim?

    To make a compensation to relatives claim you should complete one Application to Compensate Relatives form for all family members who were dependent on the deceased for services in and around the home or financial support.


    Immediate family members, such as spouses, children, parents, and sometimes siblings, are generally eligible to make these claims.

  • What Is The Time Limit For Lodging a compensation to relatives claim in NSW?

    In New South Wales, the time limit for lodging a Compensation to Relatives claim for a motor vehicle accident is generally three years from the date of the accident. 


    It is crucial to lodge the claim as soon as possible and seek legal advice within this timeframe to ensure compliance with the relevant time limits.

  • What can be claimed in a relative to compensation claim?

    Compensation to relatives claims seek to provide compensation to immediate family members who relied on the income or services of the deceased. This can include financial dependency as well as reliance on services such as domestic assistance in and around the home, gardening and lawn maintenance, maintenance work in and around the home, transportation, and childcare, among others. 


    The compensation is provided in the form of a single tax-free lump sum payment.  Court approval of any settlement may be required if any of the dependants are minors (under 18 years of age).

  • Why should I consult with a CTP lawyer to help with my compensation to relatives claim?

    Losing a family member in a motor vehicle accident is a devastating experience that can leave surviving relatives emotionally and financially vulnerable. These claims aim to alleviate some of the financial burdens and provide support to those who depended on the deceased for services or financial assistance.


    Compensation claims for relatives can be complex, especially in cases involving extended families, blended families and partial dependency. 


    It is highly recommended to consult an experienced personal injury lawyer who specialises in motor vehicle accident claims. 


    A lawyer will be able to guide you through the CTP claims process, help gather necessary evidence, accurately assess your entitlements, and advocate of your behalf to ensure you receive the compensation you deserve during this difficult time.

Get all the information and help you need to process a successful CTP claim with CTP Claim Guide and Stacks Goudkamp. We're here to help.

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Submit the form below and we will have one of our expert CTP lawyers reach out to learn more about you and your circumstances and see if you are eligible. Start the CTP claim process now to get the compensation you deserve.