Transport Accident Injuries

Transport Accident Injuries

If you are injured in a transport accident you may have a claim for no fault compensation and or common law damages.

It is important to get immediate medical treatment and to have the injuries and medical treatment documented by a doctor and to retain receipts for expenses.

 

No fault benefits

No fault benefits are paid to a person injured in a transport accident irrespective of who caused the transport accident.

 

Making a claim

The accident must be reported to the police and if it involves a tram or train, to the Public Transport Corporation.

The easiest way to claim is to contact the TAC on 1300 654 329 and complete a claim document over the telephone.

The TAC will send the claim document to you and you can contact Pentana Stanton Lawyers for free claim advice on your claim document to ensure the details are correct.

A claim for compensation must be lodged within 12 months of the date of the transport accident.

If your claim is accepted by the TAC you may be entitled to receive no fault benefits;

  • medical and like expenses

  • loss of earnings benefits

  • loss of earning capacity benefits

  • death benefits and an

  • impairment benefit;

If you disagree with a TAC decision you can request the TAC to review it. Otherwise, most people have 12 months to review the TAC decision at VCAT. Contact Pentana Stanton Lawyers on 900 22 800 and speak to one of our lawyers for free claim and appeal advice.

 

Common law damages

If you are injured in a transport accident that was not was not your fault you may have a claim for common law damages against the other driver or a third party.

To get common law damages you must establish “fault” or “negligence” on the part of the other driver or another party.

You may be entitled to claim for;

  • Pain and suffering damages;

  • Past and future income loss and superannuation;

You must also establish that you suffered a “serious injury”.

Once the injuries are stable you can apply to the TAC for a Serious Injury certificate to claim damages. There will be a set of documents and forms to complete. If the TAC determine that the injuries are not serious you can apply to the County Court and ask a judge to decide whether the injuries are serious.

Pentana Stanton Lawyers can advise whether an individual or an organization is at “fault” or “negligent” and whether the injuries are likely to qualify as a “serious injury”.

Time limits are very important in personal injury claims. In Victoria, there are strict time limits associated with bringing a Common Law Claim for Damages for transport accident injuries. Most people have 6 years to start a Common Law Claim for Damages in the Courts.

Pentana Stanton Lawyers investigate claims on a no win / no fee basis. We will not charge professional fees (disbursements excluded) for our time unless there is a successful outcome. No professional fees are payable if a claim is not pursued after we complete our investigations.

Our claim evaluation process involves a consideration of;

  • Whether the other driver is at fault.
  • The medical diagnosis for the injuries.
  • The degree of permanent impairment.
  • The severity of the injuries.
  • The consequences of the injuries.

If our claim evaluation does not establish a viable claim, we will not be recommending that you take further action. We generally obtain medical material and clinical records from hospitals and clinics and a detailed set of instructions around the circumstances of the incident that caused the injuries, work history, medical history, education and the impact of the injuries on work capacity and activities of daily living.

If we recommend a damages claim is viable we will arrange written opinions from specialists (Independent Medical Examinations or IMES’) around such issues as diagnosis, prognosis, work capacity and vocational capacity.

Contact Pentana Stanton Lawyers 900 22 800 and speak to one of our lawyers for a free claim evaluation.

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