CAR ACCIDENT COMPENSATION IN VICTORIA

Personal Injury Conpensation Claims In Victoria

Those who have suffered injuries in a car accident which took place in Victoria may be able to obtain compensation for their losses. If a third party was wholly or partially to blame for your accident, you may be entitled to bring a common law claim for compensation.

A successful common law claim for compensation in Victoria covers damages including:

• Lost wages
• Loss of future earnings
• Pain and suffering
• Loss of amenity

Typically, a common law claim for compensation involves initiating court proceedings against the individual who was at fault, or partly at fault, for the car accident.

In order to bring a common law compensation claim in Victoria, you must have suffered a “serious injury” as a result of the accident. The general definition of a serious injury is a level of permanent impairment which is 30% or greater. However, other injuries may be deemed serious under the law if they involve:

• a serious, permanent disfigurement; or
• the loss of a body function; or
• a serious, long term impairment of a body function; or
• a severe, long term mental disturbance or disorder: or
• a severe, long term behavioural disturbance or disorder; or
• the loss of a foetus.

The “serious injury test” is a threshold requirement for bringing a common law compensation claim. It is critical that a potential claimant understand the test and know in advance whether they will meet its criteria. A solicitor with expertise in car accidents in Victoria can advise you on the serious injury test and whether your injuries satisfy this foundational requirement.

You are not necessarily precluded from bringing a common law claim for compensation just because you were partly at fault for the accident. You can still bring a claim if you can prove that the accident was caused in part by the negligence of the other party involved. The legal term for the claimant being partly at fault for an accident is “contributory negligence.” If contributory negligence is found, your common law settlement will be reduced accordingly.

For those involved in car accidents in Victoria, compensation will be paid by the TAC on behalf of the responsible party in most cases. Under this system, while the victim is suing the person whose negligence caused the accident, the TAC is essentially indemnifying that person. It is the TAC, then, who will actually pay you the settlement you are owed.

In Victoria, the law sets forth minimum and maximum compensation entitlements. If your damages for pain and suffering or economic losses do not meet the minimum amount, then the Court will be unable to award you compensation. These minimum and maximum limits change each year, so it is wise to consult with a specialist solicitor to learn the potential value of your claim.

When the ultimate tragedy occurs, and the victim of a car accident dies as a result of an accident caused by another person’s negligence, the dependents of the deceased victim may bring a common law claim for compensation. In addition to the ability to bring a common law claim for compensation, the deceased victim’s dependents also have access to benefits made available through the no-fault compensation scheme.

Victims must bring their common law compensation claim within six years of the date of the accident. However, the court does have the discretion to extend this time limit in exceptional cases. In bringing common law claims for compensation, it is always advisable to act swiftly. The sooner you bring your claim, the sooner you can focus on healing from your injuries and moving forward with your life. Important evidence can be lost and memories of witnesses can fade over time. If you feel you may have a common law claim for compensation, contact a solicitor as soon as possible.

Free Legal Advice Without Obligation

Compensation claims for fatal accidents or catastrophic injuries call for the legal services of a solicitor with specialised knowledge. Our solicitors have extensive experience and are qualified to handle these complex cases. If the accident occurred as a result of negligence by a third party then our specialist lawyers can help you to assert your legal rights and get the compensation you deserve. If you would like free advice without further obligation just complete the contact form to speak to one of our experts.