If you have been injured as a result of a motor vehicle accident, you may be entitled to compensation. We know it can be hard enough already having to cope with the pain and suffering caused by your injury, without having to navigate claiming for compensation. Below is information on claiming compensation for a motor vehicle accident injury and how our team of motor vehicle accident lawyers can help you.
Compensation For Motor Vehicle Accident Injuries
Injuries as a result of a motor vehicle accident can be both physical and psychological, and some can have a long-term impact on your quality of life. Common motor vehicle accident injuries can include spinal cord injuries, whiplash, numbness or pins and needles, sciatica, broken or fractured bones, brain injuries, soft tissue injuries, scarring, shock and psychological trauma.
In Victoria, all road users, including drivers, passengers, and pedestrians injured on the road can make a claim for compensation through the Transport Accident Commission (TAC). Where an accident was caused by someone else’s negligence you may be able to claim Common Law damages. Common Law lump sum compensation claims can be received in addition to any statutory compensation entitlements you may receive from the TAC.
What TAC Compensation Can Cover
Compensation through TAC (Transport Accident Commission) can cover:
1. Medical and Related Expenses
TAC is liable to pay all reasonable medical and related expenses for treatment you receive for road accident injuries within Victoria including:
- Hospital and medical expenses
- Rehabilitation
- 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
- Childcare
- Home services
- Post-acute support if you were hospitalised more than 3 years after the accident
- And more
2. Loss Of Earnings
You may be eligible to claim for loss of earnings or earning capacity through TAC. TAC is liable to pay benefits to an injured person who is partially or fully incapacitated for work and/or suffers a loss of income.
Loss of earnings benefits are paid at 80% of 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 still off work because of your accident-related injuries. You can also receive payments even if you’re partially incapacitated but still able to work in some capacity. 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.
3. Lump Sum Impairment Benefits
Lump sum impairment benefits may be available (these are not a pain and suffering payment). The amount of a lump sum payment is determined on a sliding scale based on an impairment assessment from a doctor.
How To Claim Compensation Through The TAC
When injured in a motor vehicle accident, the first step is to obtain medical treatment and notify the police. You should then then lodge your claim with the TAC. Carbone Lawyers can assist you with the claim lodgement process free of charge.
If your doctor or specialist is of the view that any benefit or service is reasonable in your circumstances, you should obtain a medical certificate or letter from your doctor to that effect and send it to TAC. Follow up with the TAC for its written decision within 28 days, and retain a copy of any correspondence with TAC.
For loss of earnings, you will need to send TAC documentary evidence of your loss, such as pay slips, group certificates/PAYG summaries, Notices 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.
Making A Common Law Claim
When you engage Carbone Lawyers, we think about and begin preparation of your Common Law damages claim from the very get-go. As part of this process, we will advise you on your prospects of obtaining a lump sum damages award for pain and suffering and past and future economic loss as a result of your transport accident injuries.
To succeed in a Common Law claim, it is vital to prove that another driver of a registered motor vehicle was at fault. It is also a requirement to establish that you have suffered a “serious injury” according to the definition contained in the transport accident legislation.
As this can be a complex exercise, we will take the stress out of this process for you and manage it from start to finish, including by engaging with third parties on your behalf to gather all of the medical and other evidence required to succeed. Importantly, when you engage Carbone Lawyers, you can rest assured that we will advise you every step of the way and keep you adequately informed of the progress of your claim.
How Our Motor Vehicle Accident Lawyers Can Help
By speaking with a motor vehicle accident lawyer, we do the hard work for you so you can focus on your rest and recovery. You’ll have peace of mind knowing you have accurate and complete advice regarding your eligibility for compensation, exactly what compensation you may be entitled to and the strongest case for a successful outcome.
When pursuing Common Law damages, we will seek compensation for pain and suffering and loss of earnings/loss of earning capacity. We will commence preparing your Common Law claim from the moment you engage us.
Our motor vehicle accident lawyers are dedicated to achieving the very best outcome for you. We do this by utilising our years of experience and expertise to build evidence that supports your case, prepare your claim in a way that maximises your compensation, negotiate on your behalf if/when required and provide advice on how to appeal if you aren’t happy with a decision made by the TAC. And, if you have already initiated a claim but aren’t happy with how your claim is progressing, our motor vehicle accident lawyers are happy to discuss how we can get you a better result.
Who Our Motor Vehicle Accident Lawyers Can Help
If you have been injured in a transport accident (involving any mode of transport such as a car, ute, van, truck, motorcycle, scooter, tram, bus or train) as a driver, passenger, pedestrian, cyclist or a worker injured while operating a registered vehicle, you may be eligible for compensation. Claims can be lodged on a ‘no-fault’ basis, meaning you can make a claim regardless of who was at fault.
Speak With A Motor Vehicle Accident Lawyer Today
Let our team of motor vehicle accident lawyers help you if you have been injured as a result of a motor vehicle accident. Call 1800 369 888 or fill out our online enquiry form and we will arrange an appointment for you.
Carbone Lawyers has been delivering great outcomes for our clients for over 30 years. We have a team of dedicated motor vehicle accident lawyers with extensive experience in all aspects of vehicle accident claims. Our team of personal injury lawyers are leaders in their field and have an in-depth knowledge of the laws relating to road accident claims.