A Fatal Accidents Act claim is a legal claim brought by certain family members after a person dies because of someone else’s negligence. In Western Australia, these claims are governed by the Fatal Accidents Act 1959 (WA).
A Fatal Accidents Act claim focuses on the financial loss suffered by eligible family members because of the death. It recognises that when someone dies unexpectedly, their dependants may lose income, services, and support they relied on.
Fatal Accident Claims Claims
• Motor vehicle accidents.
• Workplace accidents.
• Public liability incidents.
• Criminal acts.
These claims often arise from incidents such as:
• A spouse or de facto partner.
• Children (including stepchildren).
• Parents (in some circumstances).
• Other family members who were financially dependent on the deceased.
The key requirement is actual financial dependence, not just a family relationship.
Only certain people are eligible. These are called dependants, and may include:
