Fatal Accident Risk Factors
People age 70 and over are at the greatest risk of suffering a fatal injury in an accident with men being more at risk than women. Motor vehicle accidents are the most prevalent cause of wrongful death which together with slipping, tripping and falling accidents accounts for over half of all injury-related deaths in Australia. The most common cause of fatal injury varies from age group to age group, with more children dying from suffocation and drowning, while adults are more prone to injuries sustained in traumatic accidents.
Accidents in the Workplace
Most fatal injuries that occur at work that result in legal action for wrongful death are caused by falls from height which are followed by being struck by a moving vehicle and being struck by a falling or moving object. Those in the manufacturing, construction and agricultural industries are most at risk. Employers have a statutorily mandated duty to ensure the safety of their workers. They are responsible for maintaining a safe work environment, providing safety training and protective gear and minimising dangers that cannot be eliminated.
Motor Vehicle Collisions
Individuals between the ages of 15 to 24 and those over the age of 80 represent the two age groups with the highest number of fatal injuries related to motor vehicle collisions. Tragically, for children aged 5 to 9, the most common car-related fatal injuries are due to being struck by a vehicle while a pedestrian.
Compensation for Wrongful Death
Fatal accident compensation claims for wrongful death have two parts. The first part is the victim's claim which comprises compensation for the victim's injuries, emotional distress and physical pain. If the victim's death was instant or the victim did not regain consciousness there is usually minimal compensation for pain and suffering. Other damages that may be awarded in fatal accident claims are financial losses, calculated from the date of the injury to the date of death, as well as funeral expenses. The second part of the claim is brought by the dependents of a deceased person whose death was caused by a wrongful act or the negligence or default of a third party. Damages may be awarded for the contribution that the deceased made to the family income together with damages representing the value of services provided by the victim, such as home repair, childcare or domestic assistance.
Coroner's Inquest
A coroner’s inquest is an investigative hearing whereby the coroner gathers information to confirm the identity of the deceased and establish where, when and in what circumstances the deceased died. A coroner’s inquest is not a trial and does not seek to apportion blame for the death nor does it establish whether a crime has been committed. Once notified of a death the Coroner is responsible for investigating the surrounding circumstances and has the option of ordering a post mortem examination. If the death was violent, unnatural or if the cause is unknown an inquest is likely to take place.
Head Injury
