Wrongful Death Claims

1 Introduction

2 Principles Relevant to Establishing Liability

3 Investigating Quantum

4 Components of the Claim â" Loss of Income and Related Claims

5 Components of the Claim â" Loss of Domestic Services

6 Components of the Claim â" Miscellaneous Claims

7 Benefits and Gains

8 Assessment of Claims

9 Death Benefits Payable Pursuant to Workersâ Compensation Legislation

10 Preparation of Particulars of Claim

11 Costs

12 Common Law Claim â" Grief â" Recognised Psychiatric Illness

13 Social Security Act 1991 (Cth) â" Preclusion and Recovery Provisions â" Application to Wrongful Death Claims

14 Survival of Cause of Action to the Estate

 

Appendix A: Precedent â" Letter to potential claimants

Appendix B: Precedent â" Endorsement of Claim and Statement of Claim

Appendix C: Precedent â" Distribution of Family Income and Expenditure Table

Appendix D: Information Required by an Actuary in Order to Quantify Loss of Superannuation

Appendix E: Precedent â" Particulars of Claim â" Claim by Surviving Spouse of Partner

Appendix F: Precedent â" Particulars of Claim â" Claim by Surviving Spouse or Partner and Children

Appendix G: Precedent â" Endorsement of Claim and Statement of Claim Asserting Both Wrongful Death Claim and Common Law Claim for Psychiatric Injury

Appendix H: Precedent â" Particulars of Claim â" Claim by Surviving Spouse or Partner at Common Law for Psychiatric Injury          

Appendix I â" Present value of $1 for n years at various rates of compound interest.  No allowance for mortality

Appendix J â" Present value of a payment of $100 in n yearsâ time at various rates of compound interest.  No allowance for mortality