Highlights:
- If a person experiences a drop in income if they have to change jobs or employers due to transport-accident-related injuries, they are entitled to claim the difference in income as economic loss.
- A comprehensive understanding of how an injury has impacted a person’s quality of life can make all the difference in being successful in a claim for damages.
Summary:
A middle-aged man who was forced to take a lower-paying job after being injured in a bus accident appeals a TAC decision to deny his serious injury application and wins a lump sum payout for pain and suffering and economic loss.
Case Details:
The client, a man in his late 50s, was a passenger on a bus travelling to work. The bus driver swerved suddenly, throwing the man across the bus. He landed awkwardly and injured his left leg, knee, back and neck. He also experienced stress, anxiety and depression due to the injuries.
The client took two weeks off work, returned to his job, and was placed on lighter duties. A TAC claim for loss of earnings and medical expenses was accepted.
Twelve months after the accident, the client’s health had deteriorated further, and he felt unable to continue in his position.
When another, less demanding and lower-paying role became available in his company, he transferred to the new role.
Carbone Lawyers lodged a Common Law serious injury application claiming both pain and suffering and a loss of income because of the change in the man’s earning capacity. The TAC rejected this because they did not believe the man’s injuries were serious, nor were they of the opinion that he had suffered any economic loss, due to still working in a full-time role
Carbone Lawyers issued court proceedings to appeal that decision.
On the second day of the hearing, Carbone Lawyers presented affidavits in support of the Plaintiff’s pain and suffering consequences and the necessity for a role change due to his injuries. The client’s partner described how the bus injuries had impacted his quality of life and how the accident had changed his personality and the nature of their marriage.
An affidavit from the client’s previous supervisor attested that he could not perform his role in the same capacity following the bus accident.
Outcome:
The matter was resolved on the second day of court, with the TAC conceding the severity of the man’s injuries. The client was granted a Serious Injuries Certificate and was awarded generous compensation for pain and suffering and economic loss.
Details of the settlement are confidential.