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You might be able to bring a Victoria personal injury claim in a number of different circumstances. However, the right to sue for damages is only available in certain situations.
An injury lawyer at Henry Carus + Associates can advise you of your rights and legal options. Our lawyers have expertise in all aspects of personal injury law in VIC, and we have helped clients obtain the maximum compensation they deserve following a wide variety of injuries.
For a FREE, no-obligation consultation, call 03 9001 1318 today. Henry Carus + Associates can handle a Victoria personal injury claim anywhere in VIC from multiple offices in the Melbourne metropolitan area.
How Do I Claim Compensation for Personal Injury?
The words ‘sue’ and ‘lawsuit’ are thrown around fairly liberally, but they don’t apply to most personal injury matters in Victoria. When people talk about ‘suing’ for an injury, they are usually referring to common law damages via one of the state’s compensation schemes.
Victoria has enacted three separate schemes to compensate people who have been injured. They are:
TAC Claims
Someone who suffers injury due to the driving of a motor vehicle is entitled to statutory benefits from the Transport Accident Commission (TAC). Lodging a TAC claim is the sole legal remedy for those who have been injured in transport accidents in Victoria, including:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents (if a motor vehicle was involved)
- Bicycle Accidents (if a motor vehicle was involved)
- Train, Tram, & Bus Accidents
- E-Scooter Accidents (if a motor vehicle was involved)
Most TAC benefits are provided on a no-fault basis, and that is what the majority of persons injured in a transport accident receive. However, if you suffer a serious injury and it can be shown that the other driver or another party was at fault for the accident, you may be entitled to additional common law damages.
The first step is to receive a serious injury certificate, on the basis you have met the definition of a ‘serious injury’. That definition includes the following:
- ‘serious long-term impairment or loss of a body function; or
- ‘permanent serious disfigurement; or
- ‘severe long-term mental or severe long-term behavioural disturbance or disorder; or
- ‘loss of a foetus.
‘A “serious injury” may also be a permanent impairment of 30% or more.’
– Transport Accident Act 1986 – S. 93(17)
An injury lawyer well-versed in pursuing common law damages can help you lodge an application for a serious injury certificate. If the TAC disputes the application and does not grant a serious injury certificate, it may be necessary to initiate court proceedings to obtain the serious injury certificate, followed by the full compensation you deserve.
WorkCover Claims
WorkSafe Victoria administers the state’s workers’ compensation program, WorkCover. If you are injured on the job or become ill as a result of your employment in VIC, your only recourse is to lodge a claim with WorkCover.
In certain circumstances, workers may be able to sue for common law damages. A knowledgeable lawyer can help you with this process, which involves:
- Obtaining a ‘serious injury certificate’. The following are considered a ‘serious injury’ according to Victoria’s workers’ compensation legislation:
- ‘permanent serious impairment or loss of a body function; or
- ‘permanent serious disfigurement; or
- ‘permanent severe mental or permanent severe behavioural disturbance or disorder; or
- ‘loss of a foetus.’
- Injuries assessed at 30% or more whole person impairment are also considered a ‘serious injury’ by WorkSafe.
- Collecting evidence of fault or wrongdoing on the part of your employer, a co-worker, and/or a third party.
- Lodging a common law application with WorkSafe. If a dispute arises concerning whether you have a serious injury, you will need to apply for a decision by the County Court.
- Attending a conference to resolve the application.
- Reviewing WorkSafe’s ‘statutory offer’ and, if necessary, drafting a ‘statutory counteroffer’.
- If your claim cannot be settled, then commencing common law proceedings in the County Court or Supreme Court.
Although you may need to initiate court proceedings for common law damages, most such proceedings eventually reach a resolution without the need to go to court.
Read More: Can I Sue for a Work-Related Injury?
Wrongs Act Claims
The Wrongs Act 1958 is Victoria’s personal injury legislation. It governs injury claims not covered by the other compensation schemes. This includes:
- Medical Negligence
- Public Liability, including:
- Defective Products
Negligence must be established in all Wrongs Act claims. To recover compensation for non-economic loss (defined as ‘pain and suffering, loss of amenities of life, or loss of enjoyment of life’), you must also demonstrate that your injuries meet the definition of ‘significant injury’ found in the Wrongs Act:
- Spinal injury resulting in whole person impairment of 5% or more
- Injuries other than spinal or psychiatric injury resulting in whole person impairment greater than 5%
- Psychiatric injury resulting in whole person impairment of 10% or more
- Loss of a breast
- Loss of a foetus
- Psychological injury arising from the death of a child due to an injury suffered by the mother or the child ‘before, during or immediately after the birth’
A Victoria personal injury claim is usually submitted to the insurer for the defendant in question. Often, personal injury claims can be settled through negotiations between your lawyer and the insurance company. If a fair settlement cannot be reached, you may need to go to court. A personal injury lawyer can help you initiate legal proceedings and guide you through the legal process.
Read More: What Is Personal Injury?
There are multiple options for recovering compensation for a personal injury in VIC. Consulting an experienced lawyer is the best way to protect your rights and ensure that you’re doing everything possible to pursue maximum compensation for your injuries and damages.
What Is the Time Limit for Personal Injury Claims in Victoria?
Each compensation scheme in VIC has time limits for when you can bring a claim. If you don’t lodge a claim within the designated time period, you will likely lose your right to compensation.
The time limits for a Victoria personal injury claim are:
- 1 year for TAC claims.
- The TAC may consider claims lodged up to 3 years after a road accident if ‘reasonable grounds exist for the delay in making a claim’.
- Minors have until the age of 21 to lodge a claim if a parent or guardian did not make a claim on their behalf.
- A work-related injury or illness must be reported to WorkSafe within 30 days.
- The worker then has up to 6 months to lodge a WorkCover claim for payment of medical expenses.
- A common law claim may be brought up to 6 years after the date of injury.
- You generally have 3 years to lodge a personal injury claim under the Wrongs Act.
Contact a personal injury lawyer TODAY for immediate assistance with your claim.
How Much Compensation Do You Get for Personal Injury?
Your entitlement to personal injury compensation depends on your specific situation. If you were injured through no fault of your own in an incident not covered by the TAC or WorkCover, you may be entitled to:
- Recovery of all medical expenses to date
- The cost of future medical treatment
- All of your lost wages
- Loss of future earnings
- Non-economic damages; if you suffer a significant injury, you can claim:
- Pain and suffering
- Loss of enjoyment of life
- Loss of amenities of life
The Wrongs Act imposes the following limitations on personal injury damages:
- Compensation for loss of earnings is capped at three times the claimant’s average weekly wages at the time compensation was awarded (see Wrongs Act 1958 – S. 28F).
- Non-economic damages may not exceed $577,050 (see Wrongs Act 1958 – S. 28G).
Common law damages are capped as follows in other injury claims:
- TAC claims:
- Damages for past and future earnings (pecuniary loss) capped at $1,438,310.
- Pain and suffering damages capped at $639,200.
- WorkCover claims:
- From 2023–24, compensation for pecuniary loss is capped at $1,639,480.
- From 2023–24, compensation for pain and suffering is capped at $713,780.
It can be very difficult to know how much a Victoria personal injury claim may be worth. An experienced compensation lawyer can review the facts, gather evidence, assist you with any and all paperwork, and explore all legal avenues for obtaining compensation.
Get Help with Your Victoria Personal Injury Claim
No matter how you’ve been injured, it’s important to seek qualified legal counsel for help with your claim. Our founder, Henry Carus, is recognised as an Accredited Specialist in Personal Injury Law by the Law Institute of Victoria (LIV).
Read More: Why Choose an LIV Accredited Specialist?
All of the lawyers at Henry Carus + Associates have extensive experience with many different types of personal injury matters, including all those mentioned above. We know what it takes to maximise benefits and additional compensation following a motor vehicle accident, work injury, medical negligence, injury in a public space, and more.
Each claim is unique, but our philosophy remains the same: You Deserve More. Learn how our team can help with your Victoria personal injury claim and fight for a favourable outcome on your behalf.
Call us today at 03 9001 1318 for a FREE, no-obligation consultation. Or use the contact form to send an enquiry to our team.
