Wrongful Death Claims: A Practical Guide, 2nd edition

1 Introduction

2 Principles Relevant to Establishing Liability

3 Investigating Quantum

4 Components of the Claim — Loss of Income and Related Claims

5 Components of the Claim — Loss of Domestic Services

6 Components of the Claim — Miscellaneous Claims

7 Benefits and Gains

8 Assessment of Claims

9 Death Benefits Payable Pursuant to Workers’ Compensation Legislation

10 Preparation of Particulars of Claim

11 Costs

12 Common Law Claim — Grief — Recognised Psychiatric Illness

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

14 Survival of Cause of Action to the Estate

Appendix A: Precedent — Letter to potential claimants

Appendix B: Precedent — Endorsement of Claim and Statement of Claim

Appendix C: Precedent — Distribution of Family Income and Expenditure Table

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

Appendix E: Precedent — Particulars of Claim — Claim by Surviving Spouse of Partner

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

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

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

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

Appendix J – Present value of a payment of $100 in n years’ time at various rates of compound interest.  No allowance for mortality