Is It Worth Getting A Lawyer For A Car Accident?

If you have been injured in a car accident we know it can have a significant impact on your financial circumstances. In addition to the loss of income you may then also have additional expenses as a result of your injury, not to mention the pain & suffering caused – but is it worth getting a lawyer for car accidents when you may already be under pressure financially? 

Every registered vehicle in Victoria has Compulsory Third Party (CTP) insurance included in the cost of registration through the Transport Accident Commission (TAC). If you have been injured or a family member was killed in a car accident, you may be able to claim compensation through the TAC. If you think you may need a car accident lawyer but you’re not quite sure – here is why it is worth it to get a lawyer for a car accident: 

Types of Compensation for Car Accidents

Under the TAC there is a ‘no-fault’ scheme that allows anyone injured in an accident to make a claim, regardless of who caused the accident. Under this scheme, TAC is liable to pay all reasonable medical and related expenses including:

• Hospital and medical expenses
• Nursing services
• Physiotherapy services
• Rehabilitation and disability services
• Travel to or from treatment, rehabilitation, or approved programs of disability services
• Vocational services and retraining
• Occupational therapy
• And more

The above is not comprehensive, and without a lawyer, you may not realise what expenses you can claim. The process for claiming these expenses should also be handled diligently, which our lawyers can help you with.

TAC Documentation for an Injured Person

TAC is also liable to cover loss of earnings or earning capacity for an injured person who is partially or fully incapacitated for work and/or suffers a loss of income. Loss of earnings benefits is calculated based on 80% of your pre-accident weekly earnings for 18 months, after which time loss of earning capacity benefits are payable for a further 18-month period. 

If you are assessed as having a degree of impairment of 50% or more of the whole person, your benefits are payable until age 65. You can also receive payments even if you’re partially incapacitated but still able to work in some capacity. TAC can also pay to assist with childcare, loss of wages, home services, or post-acute support if you were hospitalised more than 3 years after the accident.

You will need to send TAC documentary evidence of your loss, such as pay slips, group certificates/PAYG summaries, Notice of Assessment, Income Tax Returns, and medical certificates or a letter from your treating doctor outlining your incapacity to work resulting from the transport accident injuries. Our lawyers are well-versed in the loss of earnings benefits and can assist you to provide all necessary documentation to the TAC.

If any complications arise with your weekly payments, we can also assist you with the next steps to take and guide you through those processes.

If you are seriously injured in a car accident and someone else was fully or partially at fault, you may be eligible for common law compensation for pain and suffering, and loss of earnings/loss of earning capacity. A car accident lawyer can help you determine whether to pursue common law damages and if you do claim for common law compensation, you will need a lawyer to act on your behalf to negotiate and settle.

Why It Is Worth It To Get A Lawyer For A Car Accident?

When you have sustained an injury, it can be hard enough just navigating everyday challenges let alone taking on the legal system. Just minimising the stress alone makes it worth it to get a lawyer for a car accident. However, as you can see above there are different types of compensation you may be able to claim. By engaging a car accident lawyer, you have peace of mind knowing your claim will include ALL compensation you’re entitled to and you will be in a much stronger position for a successful outcome.

Dealings with the TAC can also be complex and bureaucratic – there are many layers to a TAC claim, time limits to be aware of, and nuanced approaches that our lawyers are experienced in dealing with. An experienced car accident and personal injury lawyer will help you determine the best course of action to take and will guide you through the ‘no-fault’ scheme under TAC. 

While we will assist you with maximising your no-fault benefits, which are a statutory right, our focus from the get-go will be on preparing your Common Law lump sum damages to claim to compensate you for pain and suffering and past and future economic loss. We know what it takes to get a great outcome and our partners have been negotiating with the TAC for more than 30 years on such claims. 

So is it worth getting a lawyer for a car accident? Absolutely. And, with our No Win, No Fee policy for those claiming injury compensation this means no risk to you as most personal injury claims have no upfront fees.

Contact Us Today If You Need A Car Accident Lawyer

If you have been injured in a car accident and need a car accident lawyer, contact us on 1800 369 888 to arrange an appointment with one of our personal injury experts. Alternatively, you can fill out our online enquiry form and we will respond to your enquiry as soon as possible.

For over 30 years Carbone Lawyers has been achieving successful outcomes for our clients. We are renowned for our Personal Injury Law expertise and have a team of highly experienced and skilled lawyers driven to ensure the best possible outcome for you.