Wrongs Act Claim


This is an expression used by TAC lawyers to describe a situation where a dependant of a person who dies as a result of a transport accident, caused by the negligence of another person, might have an entitlement to lump sum compensation. The dependant or dependants of the deceased transport accident victim must establish that the person died as a result of the negligence of another person and must also establish the value of their dependency upon the deceased. The no-fault death benefits have to be repaid to the TAC out of the lump sum awarded in the Wrongs Act claim. Further, the recovery of Wrongs Act damages brings an end to the no-fault death benefits payable by the TAC. Such claims are relatively rare because the value of the no-fault death benefits is often greater than the value of the lump sum damages that can be awarded in a Wrongs Act claim. Every case has to be assessed on its own facts.