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The situation in Haber v Walker [1963] VR 339 provides an illustration of a claim for wrongful death .
In 1957 H was injured in a car accident caused primarily by W's negligence. (H himself had also been careless: his contributory negligence was assessed at 10%.) H's injuries included some brain damage. He spent ten weeks in hospital and attended as an outpatient for another five months. A year after the accident a neurosurgeon found H was depressed and suffering from severe anxiety. The condition worsened despite psychiatric care and H committed suicide in 1958. An action was brought against W on behalf of H's wife and children.
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