Written by Jake Gardiner, Partner  |  Evolve Legal  |  August 2026

 

Losing a loved one in a road accident is devastating enough without also having to navigate a legal system. If someone you love was killed in a Queensland car accident caused by another person’s negligence, you may be entitled to compensation via a dependency claim, a nervous shock claim, or a superannuation death benefit claim.

This article provides general information around who can claim, what can be claimed, and how the process works.

Queensland’s road toll remains a serious concern: 308 people were killed on the state’s roads in 2025, the state’s worst toll in 16 years, according to RACQ. Behind every one of those numbers is a family working out what happens next.

What Compensation Can Families Claim After a Fatal Car Accident in Queensland?

There are three main avenues for compensation following a fatal road accident caused by negligence:

1. A dependency claim: for financial and/or practical loss suffered by those who relied on the deceased
2. A nervous shock claim: for a diagnosed psychiatric injury suffered as a result of the death
3. A superannuation and death insurance claim: for the deceased’s super balance and any associated life insurance

You may be entitled to pursue more than one of these at the same time. Each is explained in detail below.

Who Can Make a Dependency Claim After a Fatal Car Accident?

A dependency claim can be made by anyone who relied on the deceased for financial support and/or practical assistance.

This typically includes:

• A spouse or de facto partner
• Children of the deceased
• Dependant parents
• Any other person who received regular financial or physical assistance from the deceased

Queensland law gives dependants a statutory right to sue the person responsible for the death, under Part 10 of the Civil Proceedings Act 2011 (Qld). In practice, the CTP insurer of the responsible person would step into their position, manage the claim and pay the necessary damages.

What Can Be Claimed in a Dependency Claim?

• Loss of financial support: calculated from the income and financial contributions the deceased provided, less their personal living expenses
• Loss of services: claimed at the commercial replacement rates for unpaid assistance the deceased provided, such as childcare, caring for elderly parents, cleaning, meal preparation, and yard and garden maintenance
• Funeral expenses
• Workers’ compensation lump sum benefits: if the accident was connected to the deceased’s employment, dependants may also be entitled to a prescribed lump sum payment under the Workers’ Compensation and Rehabilitation Act 2003 (Qld)

This is sometimes referred to informally as a “wrongful death claim” or a “Lord Campbell’s claim” although Queensland law does not use either of these term formally. The correct legal name is a dependency claim.

What Is a Nervous Shock Claim, and Who Can Make One?

If witnessing or learning of a loved one’s death causes a diagnosed psychiatric injury, the affected person may be able to claim damages for nervous shock, regardless of whether they were financially or physically dependent on the deceased.

Do You Have to Witness the Accident to Claim?

No. You do not need to have witnessed the accident yourself. For example, a close family member who develops a diagnosed psychological condition after being told of the death may still have a valid claim. Courts will consider factors such as:

• Whether the incident was witnessed, or its aftermath
• The closeness of the relationship with the deceased
• Whether it was reasonably foreseeable that someone in your position would suffer a psychiatric injury

Is Grief Alone Enough to Claim?

No. The law requires the condition to be “more than mere grief.” A medical practitioner must diagnose a recognised psychiatric condition, such as:

• Major depressive disorder
• An anxiety disorder
• Post-traumatic stress disorder (PTSD)
• What Compensation Is Available for Nervous Shock?
• General damages for pain and suffering
• Treatment expenses already incurred
• Future treatment expenses
• Past loss of income
• Future loss of income
• Loss of superannuation benefits
• Cost of care and assistance

Because a formal psychiatric diagnosis is required, it’s important to seek medical support early, both for your own wellbeing and to support any future claim.

What Happens to Superannuation When Someone Dies in a Car Accident?

Most Australians hold a superannuation account, and many also have death insurance attached to that account.

Who Receives the Deceased’s Superannuation?

This depends on whether the deceased made a binding death benefit nomination:

• If a valid binding nomination exists, the fund trustee generally must pay the balance to the nominated person(s).
• If no binding nomination exists, the trustee has discretion to decide who receives the benefit, considering dependants and the estate. This can take longer and, where multiple people have a claim, may require legal assistance to resolve.

What About Death Insurance Held Through Super?

Many super funds include a death insurance benefit that pays out separately from (or in addition to) the super account balance. These claims are often straightforward, but can become complex where:

• There are multiple people claiming against the same payout, or
• The deceased held multiple death insurance policies with different terms and conditions

Evolve Legal’s insurance team can provide free advice on superannuation and death insurance claims. Contact us today, to speak with someone.

How Long Do You Have to Make a Claim? (Time Limits Explained)

Queensland law imposes a strict three-year time limit on most compensation claims arising from a death, under section 11 of the Limitation of Actions Act 1974 (Qld). This applies to both dependency claims and nervous shock claims arising from a fatal motor vehicle accident.

Important points about this time limit:

• The three-year period generally runs from the date of the accident.
• Missing this deadline can mean losing your right to claim entirely, even if your claim would otherwise succeed.
• Separate, shorter time limits apply to pre-court procedural steps (for example, notifying the compulsory third-party (CTP) insurer of your claim), so acting early is important, even though you have three years overall.
• Different time limits may apply if a claimant was under 18 at the time of the death.

Because these time limits are strict and the underlying facts can be complex, it’s important to get legal advice as early as possible after a death, even while you are still grieving.

Superannuation and death insurance claims are not governed by this same limitation period, but trustee decisions can still take time, so it’s worth starting the process as soon as you’re able.

Talk to Evolve Legal About Your Options

Losing someone in a road accident is one of the hardest things a family can go through, and working out your legal options shouldn’t add to that burden.

Evolve Legal can advise you, at no cost for an initial consultation, on dependency claims, nervous shock claims, and superannuation or death insurance disputes.

If you would like to discuss this further please do not hesitate to contact us today.

Frequently Asked Questions

CAN I MAKE A CLAIM IF I DIDN’T WITNESS THE ACCIDENT MYSELF?

Yes. You don’t need to have witnessed the accident to bring a nervous shock claim. Learning of the death of a close family member can be enough, provided a doctor diagnoses a recognised psychiatric condition as a result.

IS GRIEF ALONE ENOUGH TO CLAIM NERVOUS SHOCK DAMAGES?

No. Queensland law requires “more than mere grief.” A medical practitioner must diagnose a recognised psychiatric condition, such as depression, an anxiety disorder, or PTSD.

WHAT IS THE TIME LIMIT FOR MAKING A CLAIM AFTER A FATAL CAR ACCIDENT IN QUEENSLAND?

Generally, three years from the date of the accident, under section 11 of the Limitation of Actions Act 1974 (Qld). Some pre-court steps have their own, shorter deadlines, so it’s best to get advice as soon as possible.

CAN MORE THAN ONE FAMILY MEMBER CLAIM ON THE SAME DEATH INSURANCE POLICY?

Yes, and this is common. Where multiple people have a claim against the same super death benefit or insurance payout, the process can take longer, and legal advice can help resolve competing claims.

IS THIS THE SAME AS A “WRONGFUL DEATH CLAIM”?

Informally, yes. Many people search for “wrongful death claim” to describe this situation. In Queensland, the correct legal term is a dependency claim.

DO I NEED A LAWYER TO CLAIM SUPERANNUATION DEATH BENEFITS?

Not always. Many claims are resolved directly with the super fund. Legal help is most useful where there’s no binding nomination, multiple potential claimants, or more than one insurance policy involved.