Can I sue? TAC common law claims
Common law claims
Any person injured in a motor vehicle accident can receive
additional compensation over that already received from the TAC (or
WorkCover) by bringing a common law claim, if they can show two
things. Firstly they have to show that the injury has been
caused by the negligence of some other party. Second they
have to have suffered serious injury.
What is a 'serious injury'?
There are three ways that a person's injuries can be found to be
'serous injury' under the TAC scheme:
- an assessment of 30% impairment to the whole person or more is
deemed to be a serious injury, or
- even if the injury is less than 30% impairment, the TAC can
agree that the person has suffered a serious injury, or
- even if the TAC does not agree, a person with injuries of less
than 30% whole person impairment may get permission from a Court to
have their injuries recognised as serious injury.
In considering the second and third of these gateways the TAC,
or the Court, must consider whether any of the following apply:
- serious long term impairment or loss of a body function,
or
- permanent serious disfigurement, or
- severe long term mental or severe long term behavioural
disturbance or disorder, or
- loss of a foetus.
The Courts have considered many examples of what constitutes a
serious injury and there is substantial case law. Maurice
Blackburn has had many leading test cases. Generally speaking
the Courts have said that it is not permissible to add individual
injuries unless they combine in restricting a person from a bodily
function. For example if injuries combine to restrict a
person from earning income then the claim can be one of impairment
of income earning capacity.
The common law claim may deliver additional compensation
including:
- pain and suffering compensation
- loss of enjoyment of life compensation
- embarrassment and loss of self esteem compensation
- loss of income compensation
- loss of capital growth compensation
- loss of superannuation benefit compensation
- costs of financial advice compensation
Maurice Blackburn have a proud high success rate in bringing TAC
claims for clients who are victims of road traffic accidents to
obtain compensation at common law claim.
Want to know more?
Our team of expert TAC lawyers are experts in Common Law Claims.
We are happy to advise you on your situation during a free first
consultation. For advice and help with a claim, click here to be to be contacted by TAC
lawyer or call 1800 810 812.