If you have been injured in a motor vehicle accident, you may be eligible to make a claim for compensation.
A claim for compensation is made up of different types of compensation (‘heads of damage’), including:
Non-economic loss
This includes pain and suffering, loss of amenities of life, loss of enjoyment of life and disfigurement. The amount of compensation for non-economic loss is based on the Injury Scale Value (ISV) of your injuries.
Past economic Loss
If you require more than 7 days off work as a result of your injuries, you may be entitled to claim for your loss of income.
Future loss to earning capacity
If you are unable to return to your pre-injury capacity to work, you may be able to claim for the loss of your future earning capacity.
Special damages (including past medical expenses)
This can include items such as ambulance costs, x-rays, pathology tests, medication, physiotherapy and other treatment you require in relation to your injuries. It also includes equipment and other necessary items that are purchased as a result of your injury. You should keep all original receipts and accounts relating to your injuries as these make up an important part of your claim.
Future medical expenses
A person suffering ongoing or lifelong medical problems as a result of the injuries may be able to claim damages for future medical expenses. This can include future physiotherapy, counselling, medication and equipment.
Future care and other services
A claim can be made for the cost of future care you may require. For example, you may require someone to provide in-home care for you. If your injuries prevent you from performing normal day to day activities, you may also be able to make a claim for domestic assistance.
Gratuitous services
This may be claimed where voluntary assistance is provided to the injured person by a parent, spouse, domestic partner or child.
Wilson v McLeay damages
Damages may also be claimed for travel expenses where a parent, spouse, domestic partner or child of an injured person visits the injured person to provide care or assistance to them. Expenses such as flights, accommodation and bus fares can be claimed.
You may also be entitled to claim for:
- Loss of consortium
- Paid care and assistance
- Superannuation
- Interest.
Please note that some heads of damage (such as medical expenses) can be claimed regardless of the severity of your injuries. However, other heads of damage (such as non-economic loss) can only be claimed if you meet the relevant Injury Scale Value (ISV) thresholds.
If you have been injured in a motor vehicle accident and think you might have a claim, contact Ester at Hume Taylor and Co today for your free consultation.
Please note: if you were injured in an accident prior to 1 July 2013, different rules apply and you should speak to a lawyer as soon as possible about making a claim.
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