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How to Know if You Can Make a Claim for a Serious Road Injury

What Does “Serious Injury” Mean?

A serious injury covers permanent impairment or loss of a bodily function or body part, disfigurement, severe mental or behavioural disorders and the loss of a foetus.

Following a significant road accident, you may undergo an impairment benefit assessment to determine if you have undergone serious injury.

If you’re assessed as having more than 30% permanent impairment and the other party is at fault, you may be entitled to a second lump sum in addition to your impairment lump sum. This is intended to cover pain and suffering, and loss of enjoyment of life, as well as any financial loss the accident may have caused, and is referred to as a Common Law claim.

To be eligible for this second payment, you have to prove that:

  1. You have undergone a serious injury, and
  2. Someone else was at fault

Measuring the Cost of the Damages

The size of the lump sum you may receive depends on a number of things – and can vary significantly between cases.

The TAC sets limits on the benefits it will pay for each category of loss. According to TAC’s Indexation of Benefits Schedule, the maximum a person can claim for money losses is $1,232,060 and the claim threshold for pain or suffering is $547,550 (as of 1st July 2018).

The individual circumstances of your accident, the severity of your injury and how much it will affect your lifestyle will all impact the payout you receive. The full assessment that will be used to calculate your compensation will also take into account:

  • The pain levels you’re experiencing, with and without medication
  • Your mobility levels
  • How easily you can take care of your personal needs and usual daily activities
  • Whether you are still able to engage in your recreational activities
  • How much the accident has affected your personal relationships
  • Whether you can return to work at your previous place of employment
  • Your ability to partake in sporting activities and exercise

Assessors will gather this information to measure your quality of life, as well as taking into account any hospital time and operations you had to undergo as a result of the accident.

Are You Owed Compensation from a Serious Injury?

With legal help, you can get all of the compensation you deserve following a serious road injury. u-Law understands the complex TAC payment system, and we can help you navigate it to ensure you are reimbursed financially when someone else is at fault.

Our extensive experience in the legal sector means we can help you get back on your feet after a road accident and can provide the service you’ve been looking for.

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