In Western Australia, dependants of a person who has died in an accident caused by the negligence of another person are compensated for their loss of dependency.

Compensation is available to the spouse and children (including adopted children even if not formally adopted) and other dependants of the deceased person. The compensation takes into account an assessment of the dependency of the family members on the deceased person prior to death.

Under the law, assistance is also provided in relation to payment for funeral and related expenses.

The dependency claim is in addition to any insurance, superannuation and pension claims to which the dependants may be entitled.

A claim for compensation must be made within 12 months of the date of death. The procedure required for making a claim is technical and requires a claim to be commenced in a Court in Western Australia.