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Wrongful Death Lawyers


Compensation in the event of a wrongful death

If you were dependent — whether financially or emotionally — on someone who has passed due to another’s negligence, there are legal systems in place to provide financial compensation. GMP Law’s team of compassionate lawyers will ensure that the process of filing a wrongful death claim is as seamless as possible, helping you to receive the support you’re legally entitled to. 

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Types of wrongful death claims

The nature of wrongful death lawsuits — their eligibility criteria, what you can claim for and legal process, among other factors — differs slightly by state. Our expert team can advise you based on the specifics of your case.

In general, you can expect to make a claim based on one or both of the following categories: pecuniary and non-pecuniary damages.

Pecuniary damages: Sometimes referred to as ‘economic damages,’ pecuniary damages are quantifiable financial losses incurred by a family member due to the wrongful death of a loved one. These damages may include:

  • Funeral expenses.
  • Medical bills associated with the loved one’s injury that led to their passing.
  • Loss of future household earning potential due to the member’s passing.
  • Domestic costs that the deceased person would have otherwise provided for, such as property maintenance, childcare and other household expenses.

Non-pecuniary damages: Sometimes referred to as ‘non-economic losses’ and/or ‘pain and suffering,’ non-pecuniary damages encompass the psychological impact on family members as a result of a wrongful death. While non-pecuniary damages can be difficult to define, they’re generally thought of as the degree of emotional suffering incurred as a result of the loss — considered on a case-by-case basis.

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These two categories, pecuniary and non-pecuniary damages, apply to the four contexts in which a wrongful death may occur: medical negligence and medical malpractice, public liability, workplace liability or a motor vehicle accident. For a death to be considered ‘wrongful,’ it must have occurred as a result of another’s negligence — or put differently, the failure of another to provide their legal duty of care. 

  • Medical negligence and malpractice: All medical professionals have a duty to provide prudent and competent care for their patients. This duty extends to appropriate diagnoses, appropriate treatment and responsible medical practices more generally. 
  • Public liability: Those who own — or are responsible for — publicly used facilities are tasked with the duty of ensuring the safety of those who use their spaces. This duty applies to property/premises maintenance, security and accident-preventative measures, among other factors. 
  • Workplace liability: Employers have the duty to provide employees and contractors with a safe environment wherein risks are minimised. This may include implementing safety protocols, providing necessary training and upholding the maintenance standards of equipment and facilities. 
  • Motor vehicle accident: All road users have the responsibility to best ensure the safety of others. This duty not only applies to automobile drivers but also extends to motorcyclists, cyclists and pedestrians. 

If someone fails to provide their duty of care as it relates to any one of these categories, and that negligence results in another’s death, family members of the deceased person may be eligible to receive pecuniary and non-pecuniary damages through a wrongful death lawsuit. 

Who can make a claim?

Across states, there are two general eligibility factors to consider:

  1. If the deceased person, in the instance of not passing away, had sufficient grounds for a personal injury claim due to another’s negligence, this may imply eligibility for a wrongful death claim. 
  2. More commonly, eligibility is determined by the extent a family member was dependent on the deceased person — financially and/or emotionally. 

A ‘dependent’ is generally a close family member of the deceased person — a child, spouse, elderly parent or other close relative whose day-to-day livelihood depended to some degree on the person who has passed away. A part of the wrongful death claim process is proving dependency, for which your legal representation will strengthen your case through financial records, the testimonies of family and friends and other relevant documentation. 

Your wrongful death claims lawyer will help you to determine both whether you’re eligible and how much you may be entitled to. Naturally, the more dependent you were on the deceased person, the increased likelihood you have of receiving a more substantial amount of compensation.


Wrongful death claims process

If you believe you have grounds for a wrongful death lawsuit, the immediate course of action is two-fold: Firstly, to the extent you’re able to, gather evidence on the responsible party’s negligence and your own dependency on the deceased person. Secondly, book a free consultation with one of our claims solicitors. 

During your first consultation, you’ll gain an understanding of the best way to move forward based on the specifics of your wrongful death case, your case’s strength and weaknesses, and what you ultimately may be eligible for in compensation. While the time limits of filing a claim differ among states, you generally need to contact a lawyer within three years of the wrongful death. 

How your claim progresses depends on the strength of your case, the legal advice of your solicitor and — in light of their advice — your own preference as to whether you move forward. If you decide to progress, our team will expertly represent you throughout the entire process — whether through litigation or a private settlement. In either case, the time it takes for the claims process to settle may be months or years, depending on the case’s nature and complexity. 

Regardless of how complex your wrongful death case may be, our team at GMP Law have the means to provide you with the necessary legal advice and representation to maximise the compensation you’re legally entitled to. We have policies in place — such as our difficult case policy and our no-win, no-fee policy — that facilitate the proper handling of intricate wrongful death cases and ensure you receive the legal support you need without additional financial stress. 

Our Policy

No-win, no-fee

The premise of our no-win, no-fee policy is as follows: If we don’t win your case, we don’t charge you for our work — meaning the legal process, win or lose, is of no financial burden to you. We also cover all upfront costs, including the costs of evidence gathering, court filing, expert consultations and any other necessary disbursements. 

This policy extends further to reduce fees in the rare instance of a client being unsatisfied with our services. While we’ve only received a handful of these matters among the thousands of cases we’ve conducted, this guarantee is in place to ensure that you can move forward with confidence — without unnecessary financial worries. 

We have the responsibility of serving our communities by making expert legal action accessible, and this policy is one way that we do that. Our policies are clearly laid out and can be further explained in your initial consultation with one of our solicitors. 

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Contact us for no-obligation legal advice about your claim.

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No Win, No Fee

Not all ‘No Win No Fee’ legal firms are the same. Here at GMP Law, we cover 100% of all upfront costs.

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Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.

Our difficult case policy ensures that our senior lawyers and experienced management team oversee notably challenging cases. This makes sure that we achieve the best results for our clients seeking accident injury compensation.

We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.

This is our core philosophy and what differentiates us from other law firms.

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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