Wrongful Death Claims: A Practical Guide 2nd ed

Australia Title

This work deals comprehensively with the law in Australian states and territories and includes consideration of other legislation in those jurisdictions which may impact upon claims for wrongful death, specifically civil liability, workers’ compensation and motor accidents legislation. Drawing upon the author’s thirty years of practical experience in this area of law, this book delves into the nuts and bolts of wrongful death litigation with a discussion of the authorities, commentary and discussion of areas for reform.

Features

• Detailed analysis 
• Precedents in the appendices that set the stage for a positive outcome in settlement negotiation and at trial

table of content

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