Fatal Car Accident Lawyers

The death toll on our roads is not something we like to think about. What's worse is if the passing of a loved one is involved. Trauma can be caused when your loved one is fatally injured in a road accident through someone else's negligence. However, you can experience trauma if you're involved or a witness to anyone's death. Not only is the death in a motor vehicle accident unexpected but also unnatural and violent.

If you're involved in a fatal car accident, You have many questions. Filling in complicated, detailed forms is the last thing you feel like doing at this stage. Fortunately, there are compassionate car accident lawyers who understand how you feel and who can assist you with the process to make a successful claim for compensation. It would be wise to seek the advice of a fatal car accident lawyer, like Smith's Lawyers early on in the process to claim compensation. Personal injury law is our forté.

Talk with an experienced car accident lawyer for more information.

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If You Have Lost a Family Member or Spouse in a Fatal Motor Accident, You May Be Eligible For Compensation
You can claim compensation for the motor vehicle accident that was completely or partially caused by the negligence of another vehicle owner or driver. Your claim is against the Compulsory Third Party (CTP) insurer of the vehicle that caused the accident.

You can still make an insurance claim even if the deceased was partly responsible for the accident, but the claim amount may be reduced.

It frequently happens that the victim is in hospital for some time, incurring medical expenses, and only passes away later from his or her car accident injuries.
The Fatal Motor Vehicle Accident Claims Process

The claims process is quite comprehensive. The process for lodging a claim in the case of a fatal motor vehicle accident includes the following:

Report The Accident to The Police
If there's an accident and you're on the scene, take a breath and remain calm. Panicking in these situations can make matters worse. However, it is crucial to report the accident to the police.
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Call an Ambulance
Call an ambulance. Where there's a fatality or serious injury, don't move people from their vehicles or positions unless it is critical to do so, e. g. there is a risk of fire or explosion.
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Get the registration number of the vehicle or vehicles that caused the car accident; maybe the driver was clearly drunk driving. Obtain particulars about the person's CTP insurer, their name, contact numbers and even address. There may be other injured persons involved or witnesses who can give an account of the car accident.
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Other Measures
If possible, take photos of the scene of the accident. Make notes of the date of the car accident, the location, the weather and traffic conditions. These are all crucial thing to do since you may not be able to recall details after the accident.
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Report The Accident to The Deceased's CTP Insurer
You must report the motor vehicle accident to the deceased's CTP insurer as the other person may make a claim against the deceased. A breach of the duty to report an accident could invalidate the insurance.
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Supporting Documents
You will need to provide important supporting documents to the insurer which include:

- The death certificate of the victim
- Your claimant certificate
- Proof of your identity
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Fill in the Application Form
After the fatal car injury accident has been dealt with, you need to fill out and submit a specific claim form with the relevant insurer (a motor accident compensation to relatives claim form). Take care to fill out the form with accuracy and honesty.
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Unknown Car - The Nominal Defendant
You could still claim if you're unable to identify the vehicle that caused the crash. The same applies if the vehicle was unregistered or uninsured. Then you can lodge your claim against the Nominal Defendant who acts as the CTP insurer for those vehicles. Unless there's a reasonable excuse for the delay, it should be done within three months of the date of the car accident.
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Lodge Your Form
Once you've filled in the form, send it through to the CTP insurer of the at-fault vehicle.
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Negotiation and Settlement of Your Claim
You negotiate and finalise the settlement of your compensation claim with the insurance company. Car accident lawyers are compensation experts and are especially valuable when it comes to negotiating car accident claims.

You can take the road accident claim to Court if you disagree with the CTP insurer's decision on liability and amount of compensation. You will need legal representation to take on the negligent party and claim compensation.
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Who is Eligible to Make a Compensation Claim For Fatal Accidents?
Persons who are partially or fully financially dependent upon the deceased are eligible to make a claim for compensation in motor vehicle accidents. Sometimes these circumstances can lead to inheritance disputes among family members. Family members and people who are eligible include:

- A spouse or de facto partner
- Children
- Siblings, including half-siblings
- Parents
- You may be able to claim if you witnessed the fatal accident and were sufficiently close to the deceased and you have suffered psychological injuries as a result of the fatal car accident.
What Can a Fatal Car Accident Compensation Claim Cover?
In fatal car accident claims, depending on the circumstances, you may be able to get compensation for:

- Medical expenses
- Hospital expenses
- Future loss of financial support if the deceased was the primary income earner in the family.
- Funeral or cremation expenses
- The emotional impact the car accident has had on you
- Assistance with domestic services
How Our QLD Motor Vehicle Accident Lawyers Can Help You Bring a Claim
When a family member, on whom you are financially dependent, has been fatally injured in a motor vehicle accident, our expert motor vehicle accident team offers an obligation free consultation
We assist family members of fatal car accidents to get the maximum compensation in a motor vehicle accident claim. We know that compensation can't make up for your grief, but it is comforting to know that an expert lawyer is looking after your fatal car accident claim.
If you would like to discuss your rights to claiming compensation with one of our expert Queensland road and car accident injury lawyers, call Smith's Lawyers for an obligation-free initial consultation.
You can take our 2-minute free claim check and also chat with our fatal road accident lawyers online.
We keep it simple:

- Contact us for expert advice and a listening ear.
- Meet with us to share your story at a location that's convenient to you.
- Let's discuss your options. We'll ensure that you're not in the dark so you can confidently know where you stand.
- Let's help you to obtain a successful outcome. We love to assist our clients to obtain personal injury compensation.
Make a Fatal Car Accident Compensation Claim From Any One of These Locations in QLD:
Brisbane
You can enquire about fatal car accident claims at our Brisbane office. Our Brisbane office is conveniently located in the middle of the Brisbane CBD. The two closest bus stops are Adelaide Street Stop 29, and Adelaide Street Stop 33, both of which are just 50m from our office. Central Station is 400m away.
Gold Coast
For motor vehicle accident claims on the Gold Coast, you will find a fatal car accident lawyer at our Gold Coast office. It is conveniently located near the Southport tram stop, which is a 300m walk away.
Sunshine Coast
For fatal car accident claims, seek compensation assistance at our Sunshine Coast office. We provide a free first, without obligation, consultation. The closest bus stop to our Sunshine Coast office is Innovation Pkwy near Metier Linkway, on route 607. This stop is a 100m walk to our office.
Greater Queensland
To make a claim for any accident on a road involving cars, to claim damages for fatal injuries or for queries on compensation law, contact Smith's Lawyers at 1800 575 020 or at any of our other branches. We service all of QLD and offer phone appointments to those who aren't located at our office locations.
Here's Why 94% of Our Clients Happily Refer Our Services to Friends And Family
Rest assured that we'll be with you at every step in the process, because we genuinely care.

We understand that the system can be overwhelming, complex and frustrating. Our team takes the time to explain every step to you, so you feel empowered to move forward.

At Smith's lawyers, you'll never be treated like just another number. We're determined and confident that we can assist you during this difficult time in your life.

Our 'No Win. No Fee. no Catch' promise means a risk-free compensation. Unless we win your case, you won't pay us or anyone else a cent.

Our results are telling. In over 25 years, we've never had a single client out of pocket, recovering over $28 million in compensation for our valued clients.
Fatal Car Accident Compensation FAQs
How Long Will it Take to Process My Claim?
All claims for compensation are assessed individually.

It generally takes 12 to 18 months to settle a CTP claim, but it could take up to three years. CTP insurers are required to decide as to whether the vehicle they insured was at fault within six months of instituting the claim for compensation.

If there is no dispute as to who caused the accident, your claim will be quicker to resolve.
Who Pays For Motor Vehicle Injury Compensation?
The Compulsory Third Party Insurer (CTP) of the vehicle whose driver was at fault pays the compensation claim. The claim is not made directly against the driver at fault, which means the driver will not be out of pocket.
How Long After a Fatal Car Accident Can I Claim Fatal Injury Compensation?
Strict time frames apply for lodgement of your notice of claim under legislation. It is advisable to seek legal advice as soon as possible in the case of fatal car accidents.
What if the deceased is partly to blame for the fatal car accident?
This will not prevent a claim for compensation. CTP even covers the cost of a compensation claim made against the deceased's estate if the deceased himself was responsible for a fatal injury in a car or road accident.

How much compensation can I claim after a fatal car injury?
Compensation for a fatal car accident depends on the specific circumstances of the family in each case. A personal injury lawyer has to do an assessment of your situation before any projections can be made.

You will have some knowledge about the circumstances of the deceased. Take into account the amount of financial support that you received before the accident occurred. There may be huge medical expenses and hospital expenses.

Many successful claims have gone through the hands of our personal injury legal team.

When should I call a lawyer after a fatal car accident?
You don't have to call a personal injury lawyer immediately after the accident but if your loved one is fatally injured, it is best not to wait too long before seeking advice.

Starting a claim early can facilitate the gathering of reliable evidence and witness statements to prove the liability and negligence of the at-fault party. It can also ensure no time limits are missed such as lodging a notice of accident claim form. You can call on Smith's Lawyers to assist you in this process and get you the fair compensation you deserve.
Lodge A "No Win No Fee" Claim
If you suffer injuries while at work, you don't have to worry about the whole process of making your claim or the legal fees involved. Here at Smith's Lawyers, we offer free consultation services for injured workers looking to kickstart their claims. As mentioned before, we also have a no-win no fee, no catch policy.
Get in touch with us to give yourself the best opportunity to receive the maximum compensation possible for your claim.
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