$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
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Recovering after you’ve been injured in a car accident can be challenging. The good news, though, is that injured victims are eligible for accident compensation with the use of the Compulsory Third Party (CTP) scheme. This article will uncover:
After car accidents, there are many things to do, such as checking the other passengers involved and calling the police for help. This includes, but is not limited to:
If you fall under this list you may be able to make a personal injury compensation claim under CTP. You can always call your insurer to walk you through the processes to take after an accident.
While CTP is available in most states throughout Australia, granting eligibility does vary. Anyone injured in an accident is eligible for compensation as long as they are not at fault for the accident itself in New South Wales. States like Victoria and Queensland, however, are “no-fault” states where road accident compensation claims will be accepted no matter who caused the accident — these claims will typically run a lot faster because there is no discovery period to determine who is at fault.
The nuance for filing a claim lies in the date of discoverability. The date of discoverability is when you realised you had an injury. You will have up to three years following the date of discoverability to make a claim.
You cannot make a personal injury claim if you are not injured in some way. This could mean physical injury, pain and suffering, or loss of quality of life.
Immediately after an accident, there are several steps you should take if you are able:
The most important thing to remember at the scene of an accident is to never admit fault. Many events occur during an accident and you may not remember all of the details correctly. Discovering fault is the responsibility of the insurer.
Once you’ve taken the necessary steps to establish your claim and you have realised you are injured as a result of another driver’s negligence on the road, you should file a lawsuit against the at-fault driver.
The laws will vary based on each state. Your lawyer will know exactly when you should file a claim. The important thing to remember is to file a claim as soon as possible, even if you think you might feel injuries but they haven’t become apparent yet.
States like Victoria allow up to one year to file after the accident or up to three years if your injuries had not manifested until later. In Victoria, you will also need to submit an accident claims to the Transport Accident Commission (TAC) before filing with your lawyer. In Western Australia, you have three years after the date of the accident. Across the country, these laws and forms will vary.
The date of discoverability is when you realised you were injured and will determine when you should file a claim. It includes three necessary stipulations:
CTP is put in place to help individuals who were injured or the families of a loved one who died after an accident. Sometimes, however, they will not award the right amount of compensation or the defendant will try to claim that the plaintiff was actually at fault. In this case, you should reach out to a car accident lawyer right away to initiate legal action for your car insurance claim.
Based on the severity of the injury you could be eligible for different levels of compensation. The amount of car accident compensation is classified into two categories: minor or non-minor injury. Minor injuries are things like whiplash, a sore back or muscle injuries. Non-minor injuries include more serious physical pain like fractures or organ damage. The latter could also include pain and suffering compensation if your life has changed significantly for the worse as a result of the injury.
Compensation also depends on the extent of your suffering after the accident. A minor injury compensation includes income support and medical expenses coverage for up to six months. Non-minor injury covers the same losses for up to 24 months if you make a claim and a lump sum payout for past and future lost income.
The average settlement for a minor car accident in NSW, for instance, is usually less than $43,100, which is paid out to cover the expenses (not as a lump sum). In Queensland, a minor injury could payout to as much as $62,400 or a maximum of $2,115,100 for critical injuries. However, if your condition worsens over time, you could refile your claim to cover more expenses.
Pain and suffering claims after an accident are usually filed under non-minor injury categorisation, which will cover you for much longer. If you can prove pain and suffering through lost income and quality of life, these claims are paid in lump sums and can be substantial — sometimes equaling out to hundreds of thousands of dollars. These claims are judged on a partial scale, where your compensation dollar amount will be based on the level of severity of your injury.
You should file a car accident lawsuit if CTP or the insurers are not covering the costs adequately. Working with Gerard Malouf & Partners can help you reach the level of compensation you deserve. We are specialists in car accident injury lawsuits and can help you manage the details of personal injury and insurance claims. Contact us for no-obligation legal advice about your claim.
Download our guide to understand important time limits and processes that you need to follow to maximise your chances of success.
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