That record has changed hands before, and it’ll likely change again. Below is an updated look at the biggest class actions in Australia and around the world, what happened in each one, and how they differ from the individual compensation claims most people are actually eligible to bring.

Case Overviews

• Australia’s biggest class action is Robodebt: AU$1.2 billion in 2021, plus a further AU$548.5 million (including AU$475 million in compensation to roughly 125,000 people) approved in June 2026.
• The world’s biggest securities fraud class action remains the 2008 Enron settlement, worth US$7.2 billion (around AU$10 billion at today’s exchange rate).
• Recent Australian class actions cover superannuation fees, the Optus and Medibank data breaches, and Qantas flight credits.
• A class action needs hundreds or thousands of people with the same claim against the same defendant. Most personal injury, medical negligence and product liability matters don’t meet that bar, and are run as individual claims instead.
• If you’ve been affected by a defective medical device, medication or negligent treatment, but there’s no class action open, you can usually still bring your own compensation claim.

A Brief History of Class Actions

Representative litigation is older than most people assume. English Chancery courts allowed a “bill of peace” (one case standing in for many identical disputes) as far back as the 1700s. The idea was formalised in the United States through Federal Equity Rule 48 in 1842, which allowed a small group to sue or be sued on behalf of a larger class that was too large for all to appear in court.

That rule evolved into Federal Rule of Civil Procedure 23, adopted in 1966, which is still the basis of the modern US class action system.

Australia came to the party much later. The Federal Court of Australia only gained the power to hear representative proceedings in 1992, under Part IVA of the Federal Court of Australia Act 1976. Victoria followed in 2000, introducing its own group proceedings regime under Part 4A of the Supreme Court Act 1986, which is a big part of why so many of the cases below, including Robodebt and the Black Saturday litigation, ended up in Victorian courts.

The World’s 10 Biggest Class Action Settlements

The biggest class actions in history are almost all securities fraud cases, where shareholders sue a company for misleading the market. According to the Stanford Securities Class Action Clearinghouse, which tracks every US securities settlement on record, the ten largest are:

(Source:Stanford Securities Class Action Clearinghouse)

Outside securities fraud, a handful of other settlements dwarf even Enron. BP’s Deepwater Horizon oil spill settlement has cost the company roughly US$20 billion across its economic, medical and government components since 2012. Volkswagen agreed to pay up to US$14.7 billion to resolve its diesel emissions scandal in 2016. And the Purdue Pharma and Sackler family opioid settlement, worth US$7.4 billion, only came into effect in 2026 after years of bankruptcy court proceedings.

The Biggest Class Actions in Australia

Australia’s numbers are smaller, but the cases matter just as much to the people involved. Here’s how the record has shifted over the past 15 years.

Robodebt (2021 and 2026)

The Commonwealth’s automated debt recovery scheme wrongly pursued hundreds of thousands of welfare recipients between 2015 and 2019. A 2021 settlement was worth around AU$1.2 billion, but the Full Federal Court later found it had short-changed victims because it didn’t reflect what the Robodebt Royal Commission uncovered. In June 2026, the Federal Court approved a further AU$548.5 million, making Robodebt Australia’s biggest class action settlement on record.

Black Saturday Bushfires (2014–2015)

Before Robodebt, this was the record-holder. The Kilmore East–Kinglake action settled for AU$494.67 million, and the Murrindindi (Marysville) action for AU$300 million. A combined AU$794.67 million, of which AU$698.5 million was distributed to survivors after legal and administration costs.

Bank Fees Class Actions (2010–2016)

Hundreds of thousands of customers joined a long-running campaign against the major banks over late-payment and overdrawn-account fees. It ended in the banks’ favour: in Paciocco v ANZ (2016), the High Court found ANZ’s late payment fees weren’t unenforceable penalties once the bank’s full costs were taken into account, effectively closing off most of the remaining claims.

Superannuation Fee Class Actions (2020)

Colonial First State and the Commonwealth Bank settled for a record AU$249 million over claims that members were kept in low-interest cash options that benefited the bank. AMP settled a similar case for AU$120 million.

Qantas Flight Credits (2026)

Qantas agreed to pay AU$105 million after customers claimed the airline made it unreasonably difficult to redeem COVID-19 flight credits, one of the more consumer-focused class actions to settle this year.

Sigma Pharmaceuticals (2011)

One of Australia’s earliest large shareholder class actions was settled for AU$57.5 million after the company issued misleading profit guidance.

Optus and Medibank Data Breaches (Ongoing)

Both insurers and telcos are still defending class actions over the 2022 cyberattacks that exposed millions of Australians’ personal information. The Optus matter, along with a related regulatory case, isn’t listed for a hearing until 2027, and Medibank’s proceeding is still before the Supreme Court of Victoria. Whichever way these go, they’re worth watching. A loss for either company could easily produce Australia’s next record settlement.

The Record Won’t Stay Put For Long

Ten years ago, this list was topped by a bushfire. Now it’s a government IT failure, and the next entry could just as easily be a data breach or a defective product recall. What hasn’t changed is the underlying idea: when enough people are harmed by the same conduct, the law lets them act together rather than fighting the same battle one at a time.

If you’re not part of a class action but you’ve still been hurt by someone else’s negligence, that principle still applies to you, just on an individual footing, with your own timeline and your own outcome.

Class Action or Individual Claim?

We don’t run class actions at Henry Carus + Associates, but a lot of the same events that make headlines as class actions also give rise to claims that individuals can bring on their own, without needing hundreds of other people to sign up first.

If you’ve had a hip replacement recall, used a Mirena IUD, received breast implants, taken Depo Provera, or been exposed to PFAS contamination, you may have grounds for a claim even where no class action is running, or you’d rather not wait years for one to resolve. That’s the kind of matter ourdefective product claims andmedical negligence lawyers handle every week, as well as in the broader field ofpersonal injury law.

Every case is different, and there’s no cost to finding out where you stand. Get in touch with ourcompensation claim lawyers for an obligation-free chat about your situation.

The post The Biggest Class Actions in Australia and the World appeared first on Henry Carus + Associates.

So what is medical negligence? It’s treatment that falls below the standard a reasonable, competent practitioner would have provided, where that failure causes you harm. Both halves have to be there. A near-miss corrected before it hurt anyone isn’t a claim. A terrible outcome from careful treatment isn’t one either.

There’s also nothing simple about deciding to pursue a claim. Most people who contact us about medical negligence have spent months talking themselves out of it.

Below we’ve set out what medical negligence means under Victorian law, the four elements you need to prove, the situations that most often give rise to a claim, the time limits that apply here, and the evidence that decides these matters.

Quick Answer

• What is medical negligence? A breach of the standard of care that causes harm. A poor outcome on its own isn’t enough.
• Four elements must be proven: duty of care, breach of that duty, causation, and damages.
• Breach and causation are the hard parts. Both need independent expert medical evidence from a specialist in the same field.
• Time limits in Victoria: generally three years from the date you knew (or should have known) your injury was caused by negligence, with a 12-year longstop under the Limitation of Actions Act 1958 (Vic).
• You can claim against individuals and institutions. Hospitals are liable for their employed staff through vicarious liability.
• An AHPRA complaint is not a compensation claim. They run separately and do different things.

What Is Medical Negligence? The Legal Definition

When people ask what medical negligence is, they’re usually asking two things at once: was the care below standard, and did that failure hurt me? The law answers both together.

Medical negligence occurs when a healthcare professional provides treatment that falls below the standard a reasonable, competent practitioner would have provided in the same circumstances, and the patient is harmed as a result. It applies to every registered practitioner, not just surgeons.

You’ll hear three terms used for the same thing. “Medical negligence,” “clinical negligence” and “medical malpractice” are largely interchangeable in Australia. Strictly speaking, medical malpractice vs. negligence carry a shade of difference. Malpractice implies a higher degree of intent or recklessness, while negligence covers unintentional failures. But Australian courts don’t draw a hard line between them, and both are pursued through the same civil claim.

The distinction that does matter is between a bad outcome and a breach of duty.

Every surgical consent form lists complications that can occur even when no one does anything wrong. Infection, nerve damage, bleeding, and anaesthetic reactions are all known risks of properly performed procedures. If one materialises and you were properly warned about it, there’s usually no claim. What constitutes medical negligence is a failure to meet the expected standard, not an unwanted result.

In Victoria, the rules sit in the Wrongs Act 1958 (Vic), particularly Part X, which sets out how courts assess duty, standard of care and causation. Time limits are set by the Limitation of Actions Act 1958 (Vic). Together, they shape almost every medical negligence claim run in this state.

Scale matters too. An Australian study published in the Medical Journal of Australia estimated that diagnostic error occurs in roughly one in seven clinical encounters, with about 21,000 people suffering serious harm. More than 80% of that harm is considered preventable. Only a fraction of it ever becomes a legal claim.

How to Prove Medical Negligence: The 4 Elements

Every medical negligence claim in Australia turns on four elements. All four have to be established.

Taken together, they’re also the practical answer to what medical negligence is in law, not a feeling that you were let down, but four things a court can be satisfied of on the evidence.

1. Duty of Care

A duty of care exists automatically once a practitioner–patient relationship begins. The moment you sit down in a GP’s consulting room, get admitted to a ward, or are wheeled into theatre, the practitioner owes you a legal obligation to take reasonable care.

This element covers GPs, specialists, surgeons, anaesthetists, nurses, midwives, dentists, psychologists, physiotherapists and pharmacists, or any registered health practitioner treating you. Hospitals and health services owe a duty as institutions in their own right.

Duty of care in a medical setting is rarely argued about. If you were treated, the duty existed. It’s the easiest of the four to establish, and lawyers spend almost no time on it.

2. Breach of Duty (Falling Below the Standard of Care)

The practitioner must have done something (or failed to do something) that a reasonably competent practitioner in the same field would not have done.

Victoria applies a specific test. Under section 59 of the Wrongs Act 1958 (Vic), a professional is not negligent if they acted in a way widely accepted in Australia by a significant number of respected practitioners in the field as competent professional practice. Courts can set that opinion aside, but only where they find it unreasonable.

The hospital’s insurer will produce a specialist who says the treatment was acceptable. Your lawyer has to produce an independent specialist who says it wasn’t. Breach is where most medical negligence cases are won or lost, and it’s decided on expert reports rather than on how you were treated as a person.

There’s one important exception. The peer opinion defence does not apply to a failure to warn about the risks of treatment. Those claims are governed by the common law standard set in Rogers v Whitaker, where the court decides what you should have been told.

3. Causation (The Breach Caused Your Injury)

You then have to prove the breach actually caused your harm, or made it materially worse. Australian courts apply the “but for” test: but for the negligence, would you have suffered this injury?

This is usually the hardest element. Most patients have something else going on, such as an underlying condition, an aggressive disease, other risk factors, and the defence will argue the outcome would have been the same regardless.

A delayed cancer diagnosis is the clearest example. It isn’t enough to show the diagnosis was missed for eight months. You have to show that diagnosing it eight months earlier would have changed your treatment, your prognosis or your survival.

4. Damages (You Suffered Actual Harm)

Finally, you must have suffered a recognisable injury or loss. This can be physical, psychological or financial. Compensation in Victoria can include pain and suffering, past and future medical expenses, lost income and lost earning capacity, care and assistance, and out-of-pocket costs such as travel and equipment.

A medication error picked up by a pharmacist before you swallowed anything is unlikely to found a claim, even if the prescribing was careless.

Victoria adds a threshold for pain and suffering. Under the Wrongs Act, damages for non-economic loss require a “significant injury” (more than 5% whole person impairment for most physical injuries, 5% or more for spinal injuries, and 10% or more for a primary psychiatric injury), assessed by an approved medical practitioner. Claims for economic loss and medical expenses aren’t subject to that threshold.

Common Types and Examples of Medical Negligence

These are the medical negligence examples we see most often in Victoria. In each, note what makes it actionable.

1. Misdiagnosis or delayed diagnosis

Symptoms consistent with bowel or breast cancer attributed to something benign, with no imaging, referral or follow-up. Actionable where a competent practitioner would have investigated further, and the delay worsened your prognosis.

2. Surgical errors

Wrong-site surgery, retained instruments or swabs, perforated organs, or nerve damage from improper technique. Surgical negligence claims turn on whether the technique or decision fell outside accepted practice, not on whether a known complication occurred.

3. Medication errors

Wrong drug, wrong dose, failure to check a documented allergy, or a dangerous interaction missed on a chart. Actionable where the prescribing, dispensing or administering breached basic safety checks.

4. Birth injuries

Failure to monitor or respond to foetal distress, a delayed emergency caesarean, or injury during instrumental delivery. Outcomes can include cerebral palsy, Erb’s palsy and hypoxic brain injury. These are among the most complex and most valuable claims.

5. Failure to obtain informed consent

Proceeding without explaining material risks, alternatives, or the option of doing nothing. Actionable where you would have chosen differently had you been told.

6. GP negligence

Not referring to a specialist when the presentation called for it, not following up an abnormal pathology result, or misreading a report. Failure to close the loop on test results is one of the most common failures in general practice.

7. Hospital and emergency department negligence

Premature discharge, inadequate observation of a deteriorating patient, understaffed wards, and infections traced to poor hygiene protocols. Victoria recorded 193 sentinel events across its health services in 2023–24.

8. Dental negligence

Nerve damage during extraction, unnecessary or excessive treatment, failed implants, or a missed oral cancer. Dentists are held to the same standard as any other registered practitioner.

These types of medical negligence overlap constantly. A delayed diagnosis in an emergency department is both a diagnostic failure and a hospital systems failure, and a claim can be brought against both. Most of the medical negligence examples above also involve more than one practitioner.

Who Can You Claim Against? Suing a Doctor vs Suing a Hospital

Both the person who treated you and the organisation they worked for can be liable, and most claims name more than one party.

Individual practitioners:

• GPs, specialists, surgeons and anaesthetists
• Nurses, midwives and paramedics
• Dentists and oral health practitioners
• Psychologists, physiotherapists, chiropractors and pharmacists

Institutions:

• Public and private hospitals
• Day surgery and medical clinics
• Aged care facilities
• Pathology and radiology providers

So, can you sue a hospital for negligence in Australia? Yes. Hospitals are liable for the negligence of their employed staff through vicarious liability, and separately for their own systemic failures, such as rostering, supervision, infection control, equipment, and discharge protocols. In Victoria, claims involving public health services also engage the Wrongs Act.

Suing a doctor for negligence works differently depending on how they’re engaged. A hospital-employed registrar is generally covered by the hospital. A visiting specialist or a GP in private practice is usually pursued through their own medical indemnity insurer.

Time Limits for Medical Negligence Claims in Victoria

The general medical negligence time limit in Victoria is three years. What those three years run from is the part people get wrong.

Under section 27D of the Limitation of Actions Act 1958 (Vic), the clock starts on the “date of discoverability”, which is the date you knew, or ought reasonably to have known, that you were injured, that the injury was caused by the defendant’s conduct, and that it was serious enough to warrant bringing a claim.

Patients often don’t discover the problem for years. The three years runs from when you found out, not from the date of the operation.

Three other rules to know:

• The 12-year longstop. Regardless of discoverability, claims generally cannot be brought more than 12 years after the negligent act or omission.
• Children. Where the injured person was a minor at the time, the period is six years from the date of discoverability, or the longstop, whichever comes first. Claims for children are brought by a litigation guardian, usually a parent.
• Legal incapacity. Time is suspended while a person is unable to manage their own affairs.

Courts can extend limitation periods, but extensions are discretionary and never assumed. The practical advice is don’t wait. Medical records get archived, staff move interstate, memories fade, and the specialists who write independent reports get harder to brief the further you are from the events.

AHPRA Complaint vs Compensation Claim: What’s the Difference?

These get confused constantly, and the difference costs people money. An AHPRA complaint will not compensate you. A compensation claim will not discipline the practitioner. They’re separate systems with separate purposes.

Ahpra received 13,327 notifications in 2024–25, a 19% rise and the largest annual increase since the national scheme began in 2010, with concerns about clinical care making up 35% of them. Victoria also has its own Health Complaints Commissioner, which received 5,494 complaints in 2024–25, with hospitals the single largest category.

You can pursue both at once. A regulatory finding can support a compensation claim by creating a documented record, but it’s never a substitute for one, and a decision not to investigate doesn’t mean you don’t have a claim.

What Evidence Do You Need?

Knowing how to prove medical negligence is one thing. Having the material to do it is another. Medical negligence cases are decided on documents and expert opinion, not on recollection. Here’s what to gather, in order of importance.

1. Your complete medical records. You have a right to access your health information under the Health Records Act 2001 (Vic). Request everything (GP notes, hospital records, operation reports, nursing notes, imaging, pathology, discharge summaries) from every provider involved. Organisations must respond within 45 days and can charge prescribed fees.
2. An independent expert medical opinion. A specialist in the same field reviews the records and gives an opinion on breach and causation. This is the single most important piece of evidence in any claim. Without a supportive report, a claim is very difficult to run.
3. A written chronology. Dates, appointments, symptoms, what you were told and by whom. Write it now while you remember it. Contemporaneous detail is worth more than a reconstruction two years later.
4. Financial records. Receipts for medical and pharmacy expenses, payslips and tax returns showing lost income, invoices for care, cleaning, transport and equipment.
5. Photographs. Wounds, scarring, swelling, surgical sites, mobility aids. Date them.
6. Correspondence. Letters, emails, text messages, appointment records, and anything the hospital sent you after an adverse event, including open disclosure documents.

How a Medical Negligence Claim Works in Victoria

The medical negligence claim process is more methodical than most people expect, and the first stages are all investigation.

1. Initial consultation. A lawyer listens to what happened and forms an early view on whether a claim is worth investigating.
2. Medical records obtained. Your lawyer requests and reviews the complete file from every provider involved.
3. Independent expert assessment. A specialist reviews the records and reports on whether the care met the accepted standard and whether any failure caused your injury.
4. Claim lodged. If the expert evidence supports it, a formal claim goes to the practitioner, hospital or their insurer.
5. Negotiation and mediation. Most claims resolve here. The insurer responds, evidence is exchanged, and the parties negotiate, often at a formal mediation.
6. Court proceedings. If no agreement is reached, the matter proceeds in the County Court or Supreme Court of Victoria.

Most medical negligence claims take 18 months to 3 years or more, driven mainly by the time required to obtain records and expert reports. Most are run on a no-win, no-fee basis, so cost isn’t usually the barrier to finding out where you stand.

How Henry Carus & Associates Lawyers Can Help

If you’re asking what medical negligence is because something happened to you or someone you love, the next step is to have someone review the records properly.

Henry Carus & Associates Lawyers acts for people across Melbourne and regional Victoria in medical negligence claims, including misdiagnosis and delayed diagnosis, GP negligence and hospital negligence, surgical negligence claims and birth injury claims involving cerebral palsy and other delivery injuries.

We take the time these matters need. That means obtaining every record, briefing the right specialist, and telling you honestly if the evidence doesn’t support a claim. Our broader practice covers personal injury lawyers who work across TAC road accidents, WorkCover and public liability claims, so if your injury sits across more than one scheme, we can tell you that early.

The first consultation is cost-free and obligation-free, and we work on a no-win, no-fee basis. This is backed by our unique 90-Day Guarantee that provides you the freedom to begin your legal matter, and should you decide not to proceed, you can terminate our agreement – no costs incurred.

The post What Is Medical Negligence and How Do You Prove It? appeared first on Henry Carus + Associates.

Plenty of straightforward claims in Victoria are lodged and paid without a lawyer ever getting involved. A minor rear-ender where the other driver admits fault, and the TAC covers your physio, is not a case that needs legal representation.

But the moment your injury has a future attached to it (ongoing treatment, time off work, a liability argument), the picture changes fast. Victoria doesn’t have one compensation system. It has several, each with its own thresholds, deadlines and entitlements, and the differences between them are where unrepresented claimants (you) lose money.

Below, we cover what a personal injury lawyer actually does day to day, how no win no fee works and what it costs, the signs that tell you when you need one, and how to pick a good one.

Quick Answer

• You probably don’t need a lawyer for minor injuries with clear liability, cooperative insurers and no lasting impact.
• You probably do if your injury is long-term, liability is disputed, an offer feels low, or you’re facing an independent medical examination.
• No win, no fee means no professional fees if your claim fails. Uplift fees in Victoria are capped at 25% of legal costs, excluding disbursements.
• Deadlines bite. TAC claims within 12 months, WorkCover notice to your employer within 30 days, and most public liability and medical negligence claims within three years.
• The first consultation usually costs nothing. Even if the advice is “you don’t need us”, that’s worth knowing.

What Is a Personal Injury Lawyer and What Does a Personal Injury Lawyer Do?

A personal injury lawyer is a solicitor who acts for people injured through someone else’s negligence or covered by a statutory compensation scheme, and who pursues the money the law says they’re owed.

That’s the definition. The day-to-day work is less abstract:

• Assessing the claim: whether you have one, which scheme it falls under, and what it’s realistically worth
• Building the evidence: medical records, specialist reports, witness statements, employment and earnings history
• Dealing with insurers: all correspondence with the TAC, WorkSafe agents, self-insurers and public liability insurers goes through them
• Meeting procedural requirements: notices, applications, impairment assessments, court filings
• Negotiating settlement and running the matter to court if the offer doesn’t move

So when people ask what a personal injury lawyer does, they carry the administrative and evidentiary load of a claim while you concentrate on recovering, and they know what a claim like yours has settled for before.

In Victoria, that work spans very different frameworks. TAC road accident claims, WorkCover injuries, and public liability or medical negligence each operate under separate legislation with distinct rules. A lawyer who works across all of them can also tell you when you have entitlements under more than one.

How Does No Win No Fee Work?

How does no-win-no-fee work in Australia? Your lawyer charges no professional fees if your claim is unsuccessful. If it succeeds, their fees are paid from the settlement or court award. Disbursements (the out-of-pocket costs of running the file) are handled separately and vary between firms.

The formal name is a conditional cost agreement. Under Victorian rules, it must be in writing, in plain language, and accepted in writing before it’s enforceable.

Three things to understand before you sign one.

1. Disbursements aren’t professional fees. Medical reports, specialist opinions, court filing fees and expert evidence are real costs paid to third parties, and a single orthopaedic or psychiatric report can run into the thousands. Some firms fund disbursements and recover them only upon a successful outcome. Others expect you to pay them win or lose. Ask which applies before you engage anyone.
2. Uplift fees are capped. A firm acting on a conditional basis can charge an uplift for taking on the risk, but it “cannot exceed 25% of the legal costs (excluding disbursements)”.
3. “Win” doesn’t only mean a successful courtroom trial. Most personal injury matters settle without a trial. A negotiated settlement, a reinstated statutory benefit, or an impairment lump sum paid all count as a successful outcome under a properly drafted agreement.

What this means for the cost of a personal injury lawyer is fairly simple. You’re rarely asked for money up front, and how much personal injury lawyers charge is capped and disclosed before you commit.

When You Probably Don’t Need a Lawyer

If your injury was minor, you’ve fully recovered, liability isn’t in question, and the insurer is paying your medical bills without argument, there may be nothing for a lawyer to add. A TAC no-fault claim for a few months of physio after a low-speed collision usually falls into this category.

The same goes for a short WorkCover claim where your employer lodged the paperwork promptly, weekly payments started on time, and you’re back at work within weeks with no lasting symptoms.

However, “I feel fine now” and “this injury has no future” aren’t the same thing. Soft tissue and spinal injuries commonly declare themselves months later. A free initial consultation costs nothing but your time. Getting a lawyer to confirm you don’t need their assistance is a sensible use of that time.

7 Signs You Definitely Need a Personal Injury Lawyer

When should you hire a personal injury lawyer? These are the situations where representation stops being optional.

1. Your injuries are serious or long-term

Surgery, permanent impairment, ongoing treatment or an inability to return to your old job all point to a claim with a large future component – future medical costs, lost earning capacity, superannuation. Those are the hardest parts of a claim to value and the easiest to under-claim.

2. Liability is disputed

If the insurer denies responsibility or argues contributory negligence, you’re now in a legal argument about duty of care and causation, not an administrative process.

3. The offer feels low

Insurers open low. If the number on the table doesn’t account for treatment you haven’t had yet or work you can no longer do, you need someone who knows the settlement range for claims like yours.

4. Your claim type is complex

TAC common law claims require a serious injury certificate. WorkCover common law requires a determination of serious injury and proof of negligence. Medical negligence requires expert opinion on breach and causation. These are not DIY processes.

5. You’ve been asked for a recorded statement or an independent medical examination

Both are turning points. An Independent medical examination (IME) report can shape the entire value of your claim, and what you say in a recorded statement gets quoted back to you years later.

6. A deadline is approaching

TAC claims should be lodged within 12 months of the accident. WorkCover injuries must be reported to your employer in writing within 30 days. Public liability and medical negligence claims generally run three years from the discoverable date.

7. Your mental health has been affected

Psychological injury claims attract more scrutiny and are routinely undervalued. Following March 2024 changes to the Victorian WorkCover scheme, disputes over rejected claims jumped 58% in a single year.

Disputes aren’t rare, incidentally. The Workplace Injury Commission received 14,595 requests for conciliation in 2024–25, an 18.7% increase on the year before, and only 56.1% of finalised disputes were resolved at conciliation.

How Victorian Claim Types Affect Whether You Need a Lawyer

The personal injury claim process differs sharply depending on how you were hurt.

TAC Road Accident Claims

The TAC scheme has two tiers. No-fault benefits cover medical treatment and income support regardless of who caused the crash, and many people manage these themselves. Common law damages are different: you must first be assessed as having a serious injury, meaning 30% or more permanent impairment or satisfy the narrative test. Almost nobody clears that hurdle unrepresented. Experienced TAC claim lawyers will tell you early whether a common law pathway is realistic.

WorkCover Claims

Weekly payments and medical expenses that flow without argument may not need legal input. Disputes are another matter. Medical and like expenses (34.5%) and rejected claims (32.7%) were the two largest categories of disputes in 2024–25. For a common law claim, WorkSafe or the self-insurer has 120 days to respond to your application and tell you whether it accepts your injury is serious. Our WorkCover lawyers in Melbourne handle that process end-to-end.

Medical Negligence Claims

These are the most evidence-heavy claims in the field. You need an independent expert opinion establishing that the treatment fell below the accepted standard and that the breach caused your outcome. Running one without medical negligence lawyers in Melbourne isn’t realistic.

Public Liability and Slip and Fall Claims

Liability here is almost always contested, and the evidence disappears quickly. Wet floors get mopped, broken paving gets repaired, and CCTV gets overwritten within days.Public liability lawyers preserve that evidence while it still exists, which often determines the claim.

How to Find a Good Personal Injury Lawyer

Knowing how to choose a personal injury lawyer matters as much as deciding to hire one. Here’s what to look for.

1. Specialisation, not dabbling. Look for accredited personal injury specialists or firms that exclusively handle compensation claims. A conveyancer who takes the occasional injury matter won’t know the TAC serious injury case law.
2. Victorian experience. Compensation law is state-based. TAC, WorkCover and the Wrongs Act 1958 are Victorian frameworks, and a firm that mainly runs NSW CTP claims is learning from your file.
3. Transparent fees. Ask three direct questions: how does no win no fee work at your firm, who pays disbursements if I lose, and do you charge an uplift fee? Vague answers to any of those are a warning sign.
4. Simple communication. Claims run for months and sometimes years. If you can’t get a simple explanation in the first meeting, you won’t get one in month eighteen either.
5. A track record you can check. Reviews, published case results, professional recognition, and how long the firm has run matters like yours.
6. A free initial consultation. Most reputable firms offer one. Treat it as a two-way interview – you’re assessing them as much as they are assessing your claim.

What Happens If You Don’t Hire a Lawyer?

Unrepresented claimants tend to lose money in predictable ways, none of them dramatic.

They value the claim on what’s already happened. Past medical bills and lost wages are easy to add up. Future treatment, diminished earning capacity, lost superannuation and pain and suffering are not, and they’re usually the larger half.

They miss procedural steps. A notice not served, an application filed late, a limitation period passed. These aren’t setbacks, they’re endings. Nothing revives a statute-barred claim.

They negotiate without information. Insurers know exactly what claims like yours have settled for. Without that benchmark, you’re guessing, and the other side knows it.

And they attempt thresholds that were designed to be hard. The serious injury test for TAC and WorkCover common law claims turns on medical evidence assembled with a specific legal standard in mind. That’s a strategy, not a form.

How Henry Carus & Associates Can Help

Henry Carus & Associates is a Melbourne firm acting for injured people across Victoria. We’ve built the practice around one idea: injured people should get the compensation the law actually provides, not what an insurer offers first.

We work on a no-win, no-fee basis, and the initial consultation is free. If you don’t need a lawyer, we’ll tell you that too.

Talk to our personal injury lawyers Melbourne residents trust. If your injury resulted from a crash, our car accident compensation lawyers can assess your options in a single conversation.

The post Do You Need a Lawyer for a Personal Injury Claim? appeared first on Henry Carus + Associates.

A personal injury claim is a request for compensation when someone else’s carelessness caused you harm. In Victoria, that covers TAC road accident claims, WorkCover injuries, public liability claims, and medical negligence. Different schemes have different rules, but the same handful of mistakes trip people up in all of them.

Learning how to win a personal injury claim starts with knowing what destroys one. Below are ten mistakes we see most often, and what to do instead.

How to Win a Personal Injury Claim: Quick Answer

• See a doctor within 24 hours, even if you feel fine. Your medical record is the backbone of the whole claim.
• Collect evidence immediately. Photos, witness details, incident reports, and CCTV requests before footage is overwritten.
• Don’t give a recorded statement to an insurer before you’ve had legal advice.
• Know your deadline. TAC claims have a 12-month window; WorkCover requires employer notice within 30 days; and most public liability and medical negligence claims expire after 3 years.
• Never accept the first offer without knowing what your future treatment and lost earnings are actually worth.

1. Waiting Too Long to See a Doctor

The gap between your accident and your first medical appointment is one of the first factors an insurer considers. A three-week delay gives them room to argue your injury came from something else entirely.

Adrenaline hides a lot. Soft tissue injuries, whiplash and concussion often feel manageable on day one and considerably worse by day four.

Get to a GP or emergency department within 24 hours. Describe every symptom, even the ones that seem minor, and ask that they’re recorded. That first consultation note is often the single most valuable document in a personal injury compensation claim.

2. Leaving the Scene Without Evidence

Road conditions change. Wet floors get mopped. Broken handrails get fixed the next morning. Evidence that existed for ten minutes after your accident may be gone forever by the time anyone asks about it.

Photograph everything you safely can:

• Vehicle damage, skid marks, signage, traffic lights and road surface
• The hazard itself (spilled liquid, uneven paving, missing warning cones)
• Your visible injuries, then again, a few days later, as bruising develops
• Wide shots showing the whole scene, not just close-ups
• Names, phone numbers and email addresses of every witness

Ask for a copy of the incident report at a workplace or a shopping centre. And chase CCTV or dashcam footage straight away. Many systems record over themselves within days, and an early written request is what preserves it.

3. Giving the Insurer a Statement Before You Get Advice

You must lodge your claim and give the basic facts, but you’re not obliged to give a detailed recorded statement, guess at fault, or estimate how long you’ll be off work. Get advice first.

Claims officers are assessing liability from the moment you pick up the phone. “I’m feeling okay”, said out of politeness on day two, can be quoted back to you two years later when your surgeon recommends a fusion.

The same goes for “it was partly my fault.” Fault in Victorian compensation law is a legal question involving the duty of care, contributory negligence, and statutory thresholds, not something to concede over the phone.

TAC and WorkCover insurers often make contact quickly. Speaking withTAC claim lawyers orWorkCover lawyers Melbourne claimants trust before that conversation costs you nothing and protects everything.

4. Posting About Your Recovery on Social Media

Insurers look at social media. A “feeling much better!” caption, a gym check-in, a photo of you holding a niece at a birthday party. Any of these can be used to suggest you’re less injured than your medical records say.

None of it is fair. A person can smile for one photo and spend the next two days in bed. But you’ll be explaining that to an insurer who only has the photo.

Set your accounts to private. Ask family and friends not to tag you or post about the accident. Keep case details out of group chats and messaging apps, too.

5. Missing the Personal Injury Claim Time Limit

The personal injury claim time limit is the mistake with no fix. Miss it, and even a strong, well-evidenced claim can be permanently barred.

Victoria runs several different clocks:

• TAC claims: lodge within 12 months of the accident or the date the injury first became evident. The TAC may still accept a claim made within three years if there are reasonable grounds for the delay.
• WorkCover: report the injury to your employer in writing within 30 days. Your agent then has 28 days to decide liability.
• Common law damages for road and work injuries: generally six years from the date of injury.
• Public liability and medical negligence: three years from the “discoverable date”, or 12 years from the act or omission, whichever ends first.

Extensions exist in limited circumstances. They’re never guaranteed, and applying for one is far harder than simply lodging on time, which is why diarising your deadline is step one in how to win a personal injury claim.

If your injury involves a hospital or a treating practitioner,medical negligence lawyers in Melbourne can tell you quickly which clock applies. The same is true forpublic liability lawyers when an accident occurs in a shop, car park, rental property, or some other public space.

How Long After a Car Accident Can You Claim in Australia?

How long after a car accident can you claim in Australia depends entirely on the state and the type of claim. In Victoria, a TAC no-fault claim should be lodged within 12 months of the accident, with a possible extension to three years where there’s a reasonable explanation for the delay. A common law damages claim for a serious injury generally runs for six years.

Other states run their own schemes with their own deadlines, so if you’re asking how long after a car accident you can claim in Australia and the crash happened interstate, get advice fromcar accident compensation lawyers in that state.

6. Accepting the First Settlement Offer

Early offers tend to arrive when you’re most financially stretched. That timing isn’t accidental.

An early offer rarely accounts for the surgery you haven’t had yet, the years of physio ahead, or the promotion you’ll never get because you can’t lift 20kg anymore. Once you settle, that’s it. You can’t reopen a settled claim because your condition deteriorated. A personal injury settlement should be assessed against your whole future, not this month’s mortgage repayment.

Talk to us before you sign anything. Henry Carus & Associates personal injury lawyers will review any offer on the table and tell you plainly whether it reflects the real value of your claim. Free initial consultation, no win no fee arrangement, and no obligation to go further.

7. Hiding a Pre-Existing Injury

People hide old back injuries because they think disclosure will sink the claim. It’s the disclosure that saves it.

Insurers obtain your full medical history, including Medicare records, PBS data, and GP files going back years. An undisclosed 2019 physio referral will be found, and when it is, every other thing you’ve said becomes suspect.

Pre-existing conditions don’t disqualify you. Australian negligence law takes you as it finds you, so if an accident aggravates an existing problem, that aggravation is compensable. Tell your lawyer everything on day one and let them present it properly.

8. Skipping Treatment and Appointments

A three-month gap in your treatment records reads, to an insurer, as three months of recovery. Whether you missed appointments because of work, cost, transport or exhaustion, the file doesn’t show your reasons, only the gap.

Attend your appointments. Finish the physio program. If you stop a medication or can’t afford a specialist, tell your GP and ask them to note why.

Consistent, documented treatment is quietly one of the most powerful things you can do to win a personal injury claim.

9. Running the Claim Without a Lawyer

Victorian compensation law isn’t one system; it’s several, each with its own thresholds, forms and entitlements. TAC impairment assessments, WorkCover serious injury certificates and common law negligence claims all work differently, and knowing which pathway pays you most isn’t obvious from the outside.

Self-represented claimants routinely settle for less than their claim is worth, or miss entitlements they never knew existed, such as future economic loss, care and assistance, or a separate lump sum for permanent impairment.

Cost shouldn’t be the barrier. Most personal injury lawyers in Melbourne, including Henry Carus & Associates, act on a no-win-no-fee basis, so you’re not out of pocket to get proper advice about how to win a personal injury claim.

10. Telling Different Versions of the Same Story

Say your shoulder pain started immediately to your GP, then “a few days later” to the insurer’s doctor, and you’ve handed the other side a credibility problem, even though both statements were honest attempts to remember.

Keep a simple written journal from the start. Date, symptoms, what you couldn’t do that day, appointments attended, time off work. Stick to facts and skip the editorialising.

Then use it. When you’re asked the same question by a GP, a specialist, an insurer and eventually a court, your answers should match because they’re all drawn from the same record.

How to Win a Personal Injury Claim After You’ve Already Slipped Up

Most people reading this have already done one or two things on the list. That’s normal, and it’s rarely fatal. Delayed treatment can be explained by a GP letter. An unhelpful recorded statement can be put in context. Even a missed deadline sometimes has a pathway, depending on the scheme and the reason.

What makes these things worse is time and silence. Tell your lawyer early, honestly and in full, and there’s usually something that can be done.

How to win a personal injury claim comes down to good medical evidence, honest and consistent information, and getting advice before the deadlines close in.

How Henry Carus & Associates Can Help You Avoid These Mistakes

Henry Carus & Associates acts for injured people across Melbourne and regional Victoria. We handle the deadlines, the insurers and the medical evidence so you can concentrate on getting better.

Our compensation claim lawyers will tell you honestly whether you have a claim, what it’s likely worth, and what happens next. Contact our personal injury claim lawyers for a confidential, obligation-free chat.

Frequently Asked Questions

The post Common Mistakes That Can Ruin a Personal Injury Case appeared first on Henry Carus + Associates.

A fall takes a second. A wet patch near the supermarket entrance, a paver lifted by a tree root, a step that nobody marked. Sometimes the result is a bruise and a bruised ego. Sometimes it’s a broken hip, months of recovery and a very different year from the one you’d planned.
If that has happened to you or someone you love, it’s natural to wonder whether anyone else was responsible and what your options are. This guide explains how fall claims work in Victoria, what age does and doesn’t change, and what to do in the days after a fall.

Quick answer: Yes. Age is not a barrier to making a claim in Victoria. If you were injured in a fall because someone responsible for the place, such as a shop, a council or a property owner, did not take reasonable care, you may be able to claim compensation under the Wrongs Act 1958 (Vic). Whether you can depends on the circumstances, how serious and lasting your injury is, and starting within the time limit, which is generally three years from when your claim becomes discoverable.

Why a fall can change more than your health

Falls are the leading cause of injury hospitalisations in Australia. The Australian Institute of Health and Welfare (AIHW) reports 253,800 fall-related hospitalisations in 2024–25, and just over half involved a fracture. People aged 65 and over were hospitalised for falls about 12 times as often as adults aged 25 to 44.

The figures don’t show what a serious fall does to daily life. A broken hip or wrist can mean a long stay in hospital, weeks of rehabilitation, help with showering or shopping, and a new nervousness about going out. For many people, the biggest worry is independence.

Nor is this only a concern for the very elderly. AIHW data shows women aged 60 to 64 had the highest hospitalisation rate for slips, trips and stumbles within the 50 to 64 age range.

When a fall may lead to a claim

In Victoria, a claim for a fall in a public place or on someone else’s property is generally a public liability claim under the Wrongs Act 1958 (Vic). The central question is whether the person or organisation responsible for the place failed to take reasonable care, and whether that failure caused your injury. Falling isn’t enough on its own. Our general guide to slip, trip and fall claims in Victoria covers the basics for all ages.

A few situations sit outside this. If you fell at work, WorkCover rules apply instead. A fall involving a tram, train, bus or car may come under the TAC scheme. A lawyer can tell you which applies.

Shops, centres, cafés and venues

Businesses are expected to take reasonable steps to keep floors and walkways safe. In practice that can include regular inspections, prompt clean-up of spills, warning signs on wet floors, and matting at entrances when it’s raining. Whether a business did those things, and whether it followed its own system, may matter a great deal.

Insurers sometimes argue that you should have seen the hazard. That argument is often weaker than it sounds. A clear liquid on a polished floor is hard to spot, and nobody shops with their eyes on their feet.

Footpaths and council property

Councils look after most footpaths. Under the Road Management Act 2004 (Vic), a council can adopt a Road Management Plan that sets out how often it inspects and repairs its paths, and it can rely on certain statutory defences, including in some circumstances where it has followed that plan. Footpath claims therefore tend to turn on detail: where the defect was, how serious it was, how long it had been there and what the council’s plan required. We explain more in our guide to compensation for a footpath trip.

If you trip on a footpath, photograph the spot as soon as you can, with something in the shot for scale, and note exactly where it is. A lawyer can seek the council’s inspection and repair records.

Someone else’s home or property

A fall at a friend’s house or a neighbour’s property can lead to a claim too, though many people feel uncomfortable even thinking about it. Where the owner has suitable insurance, the claim is usually handled by their insurer rather than coming out of their own pocket. Whether cover exists and applies is something a lawyer can check for you.

Falls that usually don’t lead to a claim

Most falls aren’t anyone’s fault, and we’d rather say so plainly. AIHW’s data shows that, for people aged 65 and over, hospitalisations from falls at home are far more common than from falls on streets or in shops and other service areas (AIHW cautions that place of occurrence is missing for some records). A fall on your own stairs or in your own bathroom generally won’t lead to a claim unless something like a faulty product or poor workmanship played a part. A trip over a hazard that was obvious and easy to avoid can also be hard to pursue.

Does your age affect your claim?

Age doesn’t stop you from claiming. The law asks whether someone failed to take reasonable care and caused your injury, not how old you are. Reasonable care can also take account of who is likely to use a space, including people who walk slowly or use a stick or frame.

Age can come into a claim in other ways, and it’s better to know that early. Insurers often point to pre-existing conditions such as arthritis or osteoporosis and argue that your difficulties would have developed anyway, so good medical evidence about what the fall actually changed matters. Future costs, such as ongoing care, are calculated over your expected future, so age can affect those figures. And an insurer may suggest you were partly to blame, which is called contributory negligence. In Victoria, being partly responsible doesn’t automatically end a claim, but it may reduce what’s awarded.

What a claim can include

Compensation can potentially account for several kinds of loss, depending on the circumstances. For people in this age group, the main ones are usually:

• Medical and rehabilitation costs, past and future, including aids and equipment
• Care and assistance, including unpaid help from family and friends
• Out-of-pocket costs, such as transport to appointments
• Pain and suffering and loss of enjoyment of life, if your injury meets the legal threshold
• Lost income, if you were still working or would have kept working

Every claim is different, and no amount can be promised in advance. Our article on how compensation lawyers calculate claim value explains the general approach.

Care and assistance from family

If your partner, children or friends have been helping with showering, cooking, driving or housework since your fall, that unpaid help may be something a claim can recognise. The law sets a minimum: the care must be needed for at least six hours a week and for at least six months before damages can be awarded for it, and caps apply to the amount. A simple diary of who helps, what they do and how long it takes is easy to keep and useful later.

The “significant injury” threshold

In Victoria, you can claim damages for pain and suffering and loss of enjoyment of life only if your injury is assessed as a “significant injury”.

For most physical injuries that means a permanent impairment of more than 5 per cent of the whole person, assessed by an approved medical practitioner. The thresholds are 5 per cent or more for spinal injuries and 10 per cent or more for psychiatric injuries. If the other side disputes the assessment, a Medical Panel can decide the question.

These assessments are technical, so it’s worth getting advice before assuming your injury does or doesn’t qualify. The threshold applies to pain and suffering. Other kinds of loss, such as medical costs and care, are not subject to it, although they have their own limits.

How long do you have?

For most fall claims, you generally have three years from the date your claim becomes “discoverable” under the Limitation of Actions Act 1958 (Vic). Broadly, that’s when you know you’ve been injured, that someone else’s fault caused it and that the injury is serious enough to justify a claim. In a typical fall, that date is close to the day of the fall, so the safest approach is to count from the fall itself. Our guide to time limits for personal injury claims in Victoria goes into more detail.

There’s also an outer limit of 12 years from the date of the act or omission that caused the injury. Courts can extend time in some circumstances, but you shouldn’t count on it.

A longer period of six years from discoverability applies to people under a legal disability, which can include people of unsound mind, for example because of significant cognitive impairment. Whether that applies depends on the person’s circumstances and medical evidence.

Evidence can also disappear quickly. CCTV footage may be overwritten, cleaning records change and memories fade, which is another reason not to wait.

What to do after a fall

1. Get checked by a doctor, even if you feel fine at first. Some injuries, including head injuries, can take time to show. Tell the doctor exactly how the fall happened.
2. Report the fall to the shop, venue or council, and ask for a copy of the incident report. Note the name of anyone you speak with. Don’t sign anything you don’t fully understand.
3. Photograph the spot: the hazard, the surrounding area, any signs, the lighting and the weather. Keep the shoes you were wearing.
4. Collect names and phone numbers of anyone who saw what happened.
5. Keep your records: medical reports, receipts, appointment dates and a simple diary of your symptoms and the help you’ve needed.
6. Be careful with insurers. Be polite, but think twice before giving a recorded statement or accepting an early offer. Settlements are generally final.
7. Talk to a personal injury lawyer early, while the evidence is still available. If you can’t do these things yourself, a family member can do many of them for you.

Want to know what to do after a fall in a public place?

We’ve put together a free Slip and Fall Guide that walks through the steps to take after a serious fall, the evidence worth keeping and what to expect if you decide to make a claim.

Download our free Slip and Fall Guide

If you’re helping a parent or partner

Many fall claims begin with a phone call from a son, a daughter or a partner. You can do a great deal to help: taking photos, collecting names, keeping track of appointments and care, and sitting in on conversations. Decisions about a claim belong to the injured person, though, and if they can’t make those decisions themselves, a formal arrangement may be needed. One of our experienced public liability lawyers can explain the options.

Frequently asked questions

Can I claim compensation for a fall if I’m over 65?

Yes. Age doesn’t prevent a claim in Victoria. What matters is whether someone responsible for the place failed to take reasonable care, that failure caused your injury, and your injury meets the legal thresholds. A conversation with a lawyer is the quickest way to find out where you stand.

Does my age reduce how much I can claim?

Not automatically, but age can affect some parts of a claim. Future costs are worked out over your expected future, and insurers may point to pre-existing conditions. A lawyer can explain how this applies to your injuries.

What if I fell at home?

Many falls at home don’t lead to a claim, because nobody else was responsible. A claim may be possible if something outside your control contributed, such as poor workmanship, a faulty product or, in some cases, a landlord’s failure to fix a known hazard. The details matter, so it’s worth asking before you rule it out.

Can I claim if I tripped on a footpath?

Possibly. Councils can be responsible for footpath hazards, but they may rely on statutory defences linked to their Road Management Plans, so the details matter. Photograph the spot and note the exact location as soon as you can.

How long do I have to make a claim?

Generally three years from when your claim becomes discoverable, with an outer limit of 12 years, and six years for people under a legal disability. Because the date can be hard to work out and evidence fades quickly, it’s best not to wait.

Can a family member make a claim for me?

A claim is generally made by the injured person, but family can do a lot to help, from collecting evidence to attending appointments. If the injured person can’t make decisions for themselves, a formal legal arrangement may be needed. A lawyer can explain what’s involved.

Should I accept an insurer’s early offer?

Take advice first. Settlements are generally final, so if your recovery turns out harder than expected, you usually can’t go back and ask for more. An early offer may be made before the long-term effects of your injury are clear.

How Henry Carus + Associates can help

If you or someone you love has been seriously injured in a fall in Victoria, you deserve clear answers and the time to understand your options before you decide anything. Our specialist personal injury legal team will listen to what happened, explain whether a claim may be possible and what it would involve, and tell you plainly if it isn’t.

We act on a true No Win, No Fee agreement. We also offer a 90-Day Client Satisfaction Guarantee. If, within the first 90 days, you don’t feel confident in the service, support or representation you’re receiving, you can choose to leave, and there are no legal fees to pay for the work completed in that time.

Speak with our public liability team on 03 9001 1318, or contact us online for a confidential discussion.

This article is general information only and does not constitute legal advice. If you have been injured, please contact our office to discuss the circumstances of your claim.

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Here’s where you actually stand for pothole accident compensation under Victoria’s no-fault system.

You know the sound. That heavy thud as a wheel drops into a crater you never saw coming, followed by the sinking feeling that this is going to cost you. For a lot of Victorians right now, it ends in a blown tyre, a bent rim, or a towing bill on the way home. And just last week, an official report confirmed what most of us already suspected from the driver’s seat.

The Victorian Auditor-General report found that 48 per cent of state-managed roads were in poor or very poor condition in 2024, up from 39 per cent in 2021, and that the network is now deteriorating faster than it is being repaired. Both major parties have since promised billions to fix it ahead of November’s state election. That is cold comfort when the damage has already been done.

A ruined tyre is frustrating and expensive. But the same roads that shred rubber can do something far more serious: they can cause a crash, and they can hurt people. That is the part that does not make the headlines, and it is where our focus at Henry Carus + Associates sits.

Sadly, this is not hypothetical. In recent days, a much-loved Victorian motorcyclist died following a crash on the Western Highway near Ballarat, amid reports that a pothole may have been involved. The cause is still being examined, and our thoughts are with his family, his friends and the wider riding community. It is a sombre reminder that a road in poor repair is not just a hit to the hip pocket — for people on two wheels in particular, the consequences can be devastating.

Quick answer

If you are injured in a car accident in Victoria, including a single-vehicle crash caused by a pothole or a poor road surface, you may be entitled to support through the Transport Accident Commission (TAC), regardless of who or what caused it. That is because the TAC is a no-fault scheme. Damage to your vehicle is a separate matter, handled by the relevant road authority rather than the TAC.

What the Auditor-General’s report actually found

The report, titled Maintaining State Roads, was tabled in Victorian Parliament on 9 September 2026. A few figures stand out:

• Nearly half the state-managed network (48%) was rated poor or very poor in 2024, up from 39 per cent three years earlier.
• The gap between road defects recorded and defects repaired more than doubled between January 2025 and June 2026.
• The Department of Transport and Planning has advised that it would cost more than $3 billion a year just to hold road condition where it is while replacing ageing assets.

With an election due in late November, both sides have made commitments: the Government has pledged an extra $352 million to double the number of potholes repaired this year to 500,000, and the Coalition has promised $5 billion over four years to fix a million. Whether either is enough is a question for the political debate. Our interest is narrower and more practical: what it means for you if a road causes you harm.

First, if a pothole has damaged your car — not you

Let’s deal with the common one quickly, because it is not something we handle, and we would rather point you to the right place than leave you guessing.
If a pothole has damaged your vehicle, that is a property matter. You can report it and seek reimbursement from whoever is responsible for the road — the Department of Transport and Planning for state-managed roads such as freeways and major highways, or your local council for local roads. RACV can also help point members in the right direction.

Be aware that road authorities have legal protections under the Road Management Act 2004 (Vic), so these claims are not always straightforward or successful. But you are entitled to ask, and it costs nothing to lodge a report.

Pothole accident compensation Victoria

If you’ve been injured, the picture is very different. If you, or someone you love, has been injured in a car accident on a Victorian road, the situation changes completely, and real support is available. This is where it helps to understand how compensation actually works in this state.

The TAC is a no-fault scheme

In Victoria, anyone injured in a transport accident may be entitled to help from the TAC, regardless of who or what was at fault. A “transport accident” means an injury caused by the driving of a car, motorcycle, bus, train or tram. A single-vehicle crash such as hitting a pothole, losing control, and coming off the road, is caused by the driving of a vehicle, so it can be covered.

Being no-fault is the important part. You do not need another driver to blame. You do not need to prove anyone was negligent. If you were injured in a transport accident connected to Victoria, you may be able to claim even if the accident was partly or wholly your own doing; though some entitlements can be reduced if you contributed to it, for example if you were not wearing a seatbelt.

Depending on your circumstances, TAC support may include:

• reasonable medical and hospital treatment;
• income support if you cannot work;
• rehabilitation and support services;
• travel and related expenses;
• in some cases, a lump-sum impairment benefit.

Many people do not realise any of this. They assume that because no one can be “blamed” for a pothole, there is nothing to claim. That is simply not how the Victorian scheme works.

“But no one was to blame — can I still claim?”

Quite possibly, yes. This is the misunderstanding that stops people from picking up the phone, so it is worth being clear. You can be eligible for TAC no-fault benefits even when:

• no other vehicle was involved;
• you never worked out exactly what caused the crash;
• the cause was a pothole, loose gravel, an animal, or the road surface itself;
• the accident was, in part, your own fault.

The question the TAC asks is not “whose fault was it?” but “were you injured in a transport accident?” If the answer is yes, you may have an entitlement.

Is there anything beyond TAC no-fault benefits?

Sometimes. In addition to no-fault benefits, a person who suffers a “serious injury” (as defined by the legislation) may be able to pursue common law damages — for example, for pain and suffering or economic loss. But there is an important difference: a common law claim generally requires proving that another party was negligent.

For a crash caused purely by a pothole, that is genuinely difficult, because the road authority’s legal protections under the Road Management Act 2004 (Vic) make claims against it hard to establish. Where another driver contributed to the accident, a common law claim may be more realistic. Every situation turns on its own facts — which is exactly why it is worth having someone look at yours properly before you assume the answer either way.

What to do if you’ve been injured on the road

If you have been hurt in a road accident in Victoria, a few practical steps matter:

• Get medical attention. Your health comes first, and early treatment also creates a record of your injuries.
• Report the accident to police and keep the reference number as the TAC generally needs it.
• Keep everything: receipts, medical records, and a note of how the injury is affecting your work and daily life.
• Lodge your TAC claim promptly. As a general rule you have 12 months from the date of the accident. The TAC may accept a late claim up to three years in limited circumstances, but it is far better not to leave it.
• Get advice if you’re unsure. You do not have to work out your entitlements alone.

Want to understand how a TAC claim works?

We’ve put together a free guide explaining the basic steps you should follow if you experience a serious motor vehicle accident:

▸ Download our free guide

Frequently asked questions

Can I make a TAC claim if no other car was involved?

Yes, potentially. The TAC is a no-fault scheme, so you may be entitled to support even in a single-vehicle accident, including one caused by a pothole or poor road surface, as long as you were injured in a transport accident connected to Victoria.

Can I claim if the accident was partly my fault?

In most cases, yes. Fault does not decide your eligibility for TAC no-fault benefits. Some entitlements may be reduced if you contributed to the accident, but you can still be covered.

Can I get compensation for hitting a pothole?

It depends on what was damaged. If your car was damaged, that is a property matter for the relevant road authority or council, not the TAC, and those claims can be difficult. If you were injured, you may be entitled to TAC support regardless of the cause.

How long do I have to make a TAC claim?

Generally, 12 months from the date of the accident. The TAC may accept a claim lodged later (up to three years) in limited circumstances, but it is best to lodge as soon as you can.

Who pays for the damage to my vehicle?

Not the TAC. Vehicle damage is a property matter. You can report it and seek reimbursement from the Department of Transport and Planning (for state roads) or your local council (for local roads), though road authorities have legal protections that can limit these claims.

How Henry Carus + Associates can help

An injury affects far more than your body. It affects your income, your family, and your sense of what comes next. You should not also have to navigate a compensation system on your own at the hardest moment.

That is what we are here for. Our Melbourne-based team has an in-depth knowledge of Victoria’s TAC scheme, and we handle the paperwork, the process and the back-and-forth with the TAC so you can focus on recovering. We will explain your options clearly, without pressure and without jargon, and make sure you receive everything you are entitled to.

Your first consultation is free and without obligation. We act on a No Win, No Fee basis. Sometimes a single conversation is enough to understand where you stand.
If a Victorian road has left you or someone you love injured, contact our team for a confidential discussion.

This article is general information only and is not legal advice. Whether you are entitled to support through the TAC depends on your individual circumstances. For advice about your situation, please speak with our team or another qualified personal injury lawyer.

The post Injured in a Pothole or Road Crash in Victoria? Your TAC Options appeared first on Henry Carus + Associates.

Quick answer: A complication after weight loss surgery is not automatically medical negligence. Complications can happen even when the care provided was appropriate. A medical negligence claim generally arises only where a healthcare provider failed to meet an appropriate standard of care, and that failure caused or contributed to a patient’s injury or loss.

This article explains that distinction, the kinds of complications that can occur after gastric bypass and gastric sleeve surgery, and what to consider if you believe your treatment in Victoria may not have met an acceptable standard.

A recent gastric bypass inquest raises important questions about patient safety

A coronial inquest in Queensland into the death of Rosemarie Campbell has highlighted how much appropriate post-operative care can matter.

Ms Campbell, a 62-year-old Gold Coast woman, died at home three days after undergoing gastric bypass surgery in February 2022. She had earlier had a gastric sleeve procedure in 2020 and later underwent the bypass after developing persistent reflux that medication had not relieved. Evidence before the inquest was that she experienced nausea and repeated vomiting after the operation and was discharged from hospital around midday the following day.

The Deputy State Coroner found that Ms Campbell should not have been discharged, because her condition was deteriorating. The coroner found that had she remained in hospital and been appropriately reviewed and investigated, the surgical complications she had developed (a herniation and perforation of her bowel) would likely have been identified and treated and concluded that her death would more likely than not have been avoided. Her death was recorded as resulting from acute bacterial peritonitis and pneumonia following recent gastric bypass surgery.

The inquest was a Queensland matter, and the legal information in this article is about Victoria. But the underlying lesson applies wherever you are treated:

A complication following surgery is not necessarily negligence. But failing to recognise, investigate or appropriately respond to a complication may, depending on the circumstances, amount to medical negligence.

That distinction matters for anyone who has experienced serious complications after weight loss surgery.

Weight loss surgery is becoming more common

Weight loss surgery, also known as bariatric or metabolic surgery, covers a range of procedures designed to help people lose weight and improve health conditions associated with obesity.

Australian hospital data shows a substantial increase over time. The Australian Institute of Health and Welfare (AIHW) recorded about 22,700 hospital separations involving weight loss surgery in 2014–15, more than double the number recorded in 2005–06.

More recent AIHW data shows the continuing scale of obesity-related hospital care. In 2023–24, there were about 27,600 hospitalisations with obesity as the principal diagnosis, and 94% of those involved a procedure for obesity, such as bariatric surgery.

As these procedures become more common, it is worth understanding not only their potential benefits and risks, but also what appropriate care should look like when something goes wrong.

What types of weight loss surgery are available?

Not all bariatric procedures carry the same risks. The type of surgery involved can be important when investigating a potential medical negligence claim.

Gastric bypass surgery

Gastric bypass surgery creates a smaller stomach pouch and connects it to part of the small intestine, changing both how much the stomach can hold and how food is digested.

Potential complications can include:

• Bleeding
• Leaks from the staple line or surgical joins
• Bowel obstruction
• Infection
• Nutritional and vitamin deficiencies
• Other complications requiring further treatment or surgery

Some of these can be serious and require urgent assessment.

Gastric sleeve surgery

Sleeve gastrectomy removes a large portion of the stomach to create a smaller one. healthdirect describes it as the most common type of bariatric surgery in Australia.

Potential complications include:

• Bleeding
• Leakage from the stomach
• Infection
• Nutritional and vitamin deficiencies
• Other complications requiring further treatment

Revisional or conversion bariatric surgery

Some people need further surgery after an earlier bariatric procedure: a revision, reversal or conversion of an earlier gastric band, bypass or sleeve. This is a recognised part of bariatric care in Australia; Medicare arrangements specifically cover procedures involving revision or conversion of previous bariatric surgery. Ms Campbell’s case is one example, as her gastric bypass followed an earlier sleeve procedure.

A previous operation can make later surgery more complex. Where complications arise after a further procedure, it may be necessary to look closely at the patient’s earlier history, the reason for the additional surgery, the advice given beforehand and the care provided afterwards.

What are the serious complications of weight loss surgery?

Complications are a recognised risk of surgery. Their occurrence alone does not establish that a doctor, surgeon, nurse or hospital was negligent. But serious complications can sometimes be made worse when warning signs are missed, or treatment is delayed.

Bowel obstruction, herniation or perforation

Problems affecting the bowel can be serious and may require urgent investigation and treatment. In the Campbell inquest, a herniation and perforation of the bowel were among the complications the coroner found had developed after surgery.

Anastomotic or staple-line leaks

Leaks can occur around surgical joins or the staple line after some bariatric procedures. A leak may lead to infection, abdominal complications or sepsis, and may require urgent intervention.

Internal bleeding

Bleeding can occur after surgery. Significant bleeding may require investigation, monitoring and, in some cases, further treatment or surgery.

Infection and sepsis

Infection can develop after surgery. If it becomes severe, it can progress to sepsis, which requires urgent medical treatment.

Blood clots

Surgery can increase the risk of venous thromboembolism, including deep vein thrombosis and pulmonary embolism. Australian clinical guidance emphasises assessing and reassessing a patient’s clot risk and providing appropriate discharge planning where ongoing risk exists.

Nutritional deficiencies

Some bariatric procedures affect how the body absorbs nutrients. Gastric bypass patients, for example, generally need ongoing health checks, blood tests and vitamin and mineral supplementation. Failing to appropriately monitor or treat nutritional deficiencies may, depending on the circumstances, raise questions about the adequacy of ongoing care.

When does a weight loss surgery complication become medical negligence?

This is one of the most important distinctions to understand.

A poor outcome does not automatically mean medical negligence. Doctors and hospitals cannot guarantee that surgery will succeed or that complications will never happen.

A medical negligence claim generally requires evidence that the healthcare provider failed to provide an appropriate standard of care, and that this failure caused or materially contributed to the patient’s injury or loss.

Depending on the circumstances, potential issues after weight loss surgery may include:

• Failure to properly assess a patient before surgery
• Inadequate informed consent about significant risks
• Failure to recognise warning signs after surgery
• Failure to investigate concerning symptoms
• Failure to order appropriate tests or imaging
• Delayed diagnosis of a serious complication
• Failure to escalate a deteriorating patient’s condition
• Premature or inappropriate discharge from hospital
• Inadequate post-operative monitoring
• Poor communication between healthcare professionals
• Inadequate follow-up care
• Failure to appropriately treat a known complication

Australian clinical care standards emphasise rapid assessment and escalation where symptoms suggest serious abdominal conditions such as infection, perforation, bleeding or obstruction. That is directly relevant when considering whether a patient’s deterioration was recognised and acted upon.

Could being discharged too early amount to medical negligence?

Discharge from hospital is not, by itself, evidence of negligence. Patients are routinely discharged after surgery when their treating team considers it clinically appropriate.

The question is whether discharge was reasonable in the circumstances of that particular patient at that particular time. That may involve examining:

• The patient’s vital signs
• The symptoms being reported
• Pain, nausea or vomiting
• Test results
• Clinical observations
• Whether the patient was improving or deteriorating
• Whether the treating doctor was told of any concerns
• Whether appropriate follow-up arrangements were made
• What information and warning signs the patient was given before leaving

The Campbell inquest illustrates why these questions matter. The coroner found that Ms Campbell’s worsening condition should have been recognised and that she should not have been discharged. Current Australian safety guidance places importance on individualised discharge planning, communication with ongoing healthcare providers, and clear instructions about what to do if a patient becomes acutely unwell.

What should you do if you have experienced serious complications after weight loss surgery?

If you are worried about complications after surgery, your immediate priority should be obtaining appropriate medical care.

If you have recovered from the complication and believe your treatment may have fallen below an acceptable standard, you may wish to obtain legal advice. It helps to keep copies of:

• Your hospital records
• Discharge summaries
• GP records
• Specialist reports
• Test and imaging results
• Medication records
• Correspondence with doctors or hospitals
• Records of further surgery or treatment
• Records of time away from work
• Receipts and other evidence of financial losses

It can also help to write down your own recollection of what happened: when symptoms first appeared, who you spoke to, what you were told and what happened next.

A medical negligence lawyer can then investigate the circumstances and obtain the medical evidence needed to work out whether there may be a viable claim. Time limits for personal injury claims in Victoria apply, so it’s important to seek professional advice early.

Want to understand how medical negligence claims work?

If you are trying to work out whether something that happened during your treatment may amount to negligence, you don’t have to work it out alone.

Download our free Guide to Medical Negligence Claims to learn how these claims work in Victoria, what evidence may be required, and what you can expect from the process.

How can a medical negligence lawyer help?

Medical negligence claims can be complex because they usually require a detailed review of medical records and independent expert medical evidence.

At Henry Carus + Associates, our medical negligence lawyers can investigate whether the care provided was appropriate and whether a failure in that care caused or contributed to your injury. That may involve looking at the actions of surgeons, doctors, nurses, hospitals, anaesthetists or other healthcare professionals.

Every case is different. A serious complication does not automatically mean someone was negligent, which is exactly why independent legal advice is important. If you or someone close to you has suffered serious harm following weight loss surgery, our team can help you understand your options.

We act on a No Win, No Fee basis so you can focus on your health while we take care of the legalities with no financial pressure on you.

Frequently asked questions about weight loss surgery and medical negligence

Can I make a medical negligence claim after gastric bypass surgery?

Potentially. A complication after gastric bypass surgery does not, on its own, establish negligence. A claim may be possible where there is evidence that the standard of care was inadequate and that this caused or contributed to your injury or loss.

Can I claim compensation for complications after gastric sleeve surgery?

Potentially. Gastric sleeve surgery carries recognised risks, including bleeding, leaks and infection. Whether you can make a medical negligence claim depends on the circumstances surrounding the complication and the treatment you received.

Is a surgical complication automatically medical negligence?

No. Complications can occur even when appropriate care has been provided. Medical negligence involves more than an unfortunate outcome; it requires an assessment of the standard of care and whether any failure caused or contributed to the harm suffered.

Can a hospital be negligent for discharging me too early?

Potentially. Discharge decisions depend on the individual circumstances of the patient. If a patient was showing significant signs of deterioration and those signs were not appropriately assessed or acted upon, the circumstances may warrant investigation.

What if my doctor failed to diagnose a complication after weight loss surgery?

A delayed or missed diagnosis may form part of a medical negligence claim if the healthcare provider failed to meet the appropriate standard of care and the delay caused additional harm.

How long do I have to make a medical negligence claim in Victoria?

Time limits apply, and they can be more complicated than they first appear. Under the Limitation of Actions Act 1958 (Vic), an adult generally has three years from the date a claim becomes “discoverable” to start court proceedings. A claim is discoverable once you knew, or ought reasonably to have known, three things: that you were injured, that the injury was caused by the healthcare provider’s act or omission, and that the injury was serious enough to justify bringing a claim.

There is also a “long-stop” limit: in most cases, a claim cannot be brought more than 12 years after the treatment in question, regardless of when the problem was discovered. Different time limits apply to children and people under a legal disability, and a court has discretion to extend time in some circumstances.

Because these rules turn on the facts of your situation, it is important to get advice as early as possible if you believe you may have a claim.

Weight loss surgery can change lives, but patients deserve safe and appropriate care

Weight loss surgery can provide significant health benefits and, for many people, is an important part of managing obesity and related conditions.

But patients undergoing these procedures are entitled to appropriate care before, during and after surgery. The death of Rosemarie Campbell is a tragic reminder of how important it is to recognise deterioration, communicate concerns and investigate potentially serious symptoms, rather than assuming they are simply part of recovery.

If you or a loved one has suffered serious harm following gastric bypass, gastric sleeve or another weight loss procedure, it may be worth seeking independent legal advice about what happened and whether you have grounds for a medical negligence claim.

You Deserve More: you deserve to understand what happened to you, and what options may be available.

Contact the team at Henry Carus + Associates about your medical negligence claim for a confidential discussion.

The post Weight Loss Surgery Complications: When Could It Be Medical Negligence? appeared first on Henry Carus + Associates.

Here’s the reassuring part — most people who make a personal injury compensation claim in Victoria never go to a trial. Most claims are resolved through an informal conference, negotiation, or mediation. If a claim does reach a courtroom, it’s usually because a fair outcome couldn’t be reached any other way, and even then, you won’t face it on your own.

Below, we explain what “going to court” involves, why so few claims end in a trial, and how the answer changes depending on the type of claim you have.

Starting a Court Proceeding

A lot of the fear around court comes from a single misunderstanding, and it’s worth clearing up early.

When people picture “going to court,” they usually imagine a trial: sitting in a witness box, being cross-examined by a barrister, a judge and possibly a jury weighing up their case in public. That image is real. It’s also rare.

The court process and a trial are different things. Many claims involve some contact with a court or tribunal — lodging documents, a direction hearing where dates are set, or a court-ordered mediation — without the injured person ever giving evidence at a trial. Plenty of claims never reach a courtroom at all, because they’re resolved through the dispute-resolution steps built into Victoria’s compensation schemes.

So when we say most claims don’t “go to court,” what we really mean is this: most claims are resolved before anyone has to stand up and give evidence at a trial.

The short answer: most claims settle without a trial

Victoria’s compensation system is intentionally built to encourage resolution without a trial.

The County Court of Victoria, where many larger injury claims are run, notes that by the time a matter reaches a trial, it has usually already been through one or more mediations aimed at resolving it. The court can order mediation even if the parties don’t agree to it, and it actively encourages mediation early in a case. In other words, the system pushes hard towards settlement long before a trial is ever reached.

Why do so many claims settle?

• A trial is slow. It can take a year or more to reach a hearing, and longer again for a judgment. Most injured people can’t afford to wait that long for financial support.
• A trial is uncertain. No lawyer can guarantee what a judge or jury will decide. A negotiated settlement gives both sides a say in the outcome rather than leaving it entirely to a courtroom.
• A trial is stressful. Reliving an accident in public, under cross-examination, is hard. Where a fair result can be reached without that, it’s almost always the better path.

Insurers understand all of this too. In most claims, both sides have a strong incentive to reach a sensible agreement rather than gamble on a trial.

The ways a claim can be resolved without a trial

Before a claim ever reaches a courtroom, there are several formal ways to resolve it. These aren’t informal chats. They’re structured processes, and they’re where the vast majority of claims are settled.

Negotiation

Most claims are resolved through negotiation between your lawyer and the insurer. Your lawyer gathers the evidence — medical reports, records of your income, statements about how the injury has affected your life — and uses it to put your case for compensation. Offers and counteroffers go back and forth until an agreement is reached. This can happen in writing, over the phone, or via a videoconference. You are still involved every step of the way providing instructions to your lawyer.

Conferences and Mediation

If a dispute can’t be sorted out by negotiation alone, the next step is usually a form of alternative dispute resolution: a meeting run by an independent person whose job is to help both sides reach agreement.

Depending on your type of claim, this might be an early, informal conference, a settlement conference prior to going to trial, or a mediation. The names differ, but the idea is the same. Everyone comes together, with your lawyer beside you, to try to resolve the dispute. An independent conciliator or mediator helps the conversation along, but they don’t decide the outcome or take sides. Whatever is said is confidential and can’t be used against you later if the matter doesn’t settle.

Many claims that looked like they were heading for court are resolved at this stage.

A Medical Panel

Some disputes aren’t really about money or fault at all. They’re about a medical question, such as how much a permanent injury has affected you.

In Victoria, questions like these can be referred to an independent Medical Panel: a small group of doctors who examine you and give an opinion. It’s a medical assessment, not a courtroom, and the panel’s opinion can resolve the issue without a judge being involved.

Does it depend on the type of claim? Yes

The path your claim takes, and how likely it is to involve a court, depends a great deal on the kind of claim you have. Victoria runs several different compensation schemes, and each has its own process.

Work injuries (WorkCover)

If you’re hurt at work, your claim usually starts with statutory WorkCover benefits, such as weekly payments and medical expenses. If the insurer rejects your claim or stops a benefit and you disagree, the first step isn’t court. It’s conciliation at the Workplace Injury Commission — the independent body that was called the Accident Compensation Conciliation Service until September 2022.

Conciliation is free, informal and designed to resolve disputes without going to court. Some disputes can also be sent from here to the Medical Panel, the Workers Compensation Independent Review Service (WCIRS), or arbitration as a lower-cost alternative to the Magistrates’ Court.

If your injury is serious and was caused by negligence, you may also be able to bring a common law claim for damages, on top of your statutory entitlements. Even then, the law requires a settlement conference before court proceedings can begin. Court only becomes necessary if the insurer won’t accept that your injury meets the legal “serious injury” test, or if a fair settlement still can’t be reached despite best efforts at negotiating.

Transport accidents (TAC)

If you’re injured in a road or transport accident, the TAC provides “no-fault” benefits regardless of who caused the crash — medical treatment, income support and so on. Most disputes about these benefits are resolved through internal review, a Dispute Application, or by lodging an Application for Review with the Victorian Civil and Administrative Tribunal (VCAT).

If your injury is serious and someone else was at fault, you may be able to bring a common law claim for additional compensation. To do that, the Transport Accident Act 1986 requires either a whole person impairment of 30% or more, or a Serious Injury Certificate from the TAC. Once you’re eligible, the TAC’s own process involves an informal settlement conference to try to resolve the claim. As the TAC itself describes it, this conference happens much earlier, and is far less daunting, than a court hearing. If the TAC won’t accept that your injury is serious, you can ask the County Court for permission to bring the claim, but that’s a threshold step, not a full trial.

Public liability

Public liability claims — a slip in a shopping centre, a fall on a poorly maintained footpath, an injury at a venue — are governed by Victoria’s Wrongs Act 1958. There’s no special tribunal for these.

It is possible to request an early settlement conference before Court proceedings are even issued. If you do end up having to start your Court case, you are still able to potentially resolve your case through negotiation or mediation. In practice, most public liability claims settle before a final hearing.

Medical negligence

Medical negligence claims follow a similar path to public liability claims, with one important difference: they turn on expert medical evidence.

A poor outcome, or a known complication, in the context of medical treatment does not on its own mean negligence. Medical treatment always carries some risk, and not every disappointing result is someone’s fault. A medical negligence claim generally requires evidence that the care fell below the standard reasonably expected of the profession, and that this failure caused or contributed to your injury.

Because of that, these claims involve careful investigation and independent expert reports before anything is issued in court. Most resolve through negotiation or mediation once the evidence is in.

If you start Court proceedings, what happens?

Sometimes court can’t be avoided, usually because the other side won’t accept responsibility, disputes how serious your injury is, or offers far less than the claim is reasonably worth. If that happens, a few things are worth knowing.

Issuing court proceedings doesn’t make a trial inevitable. Once a claim is “in court,” it moves through a series of pre-trial steps, which are all designed to narrow the issues in dispute, have both sides gather and confront the key evidence in the case, and encourage cases to settle. This is also why Victorian courts require mediation along the way. A great many claims settle at that mediation, even after proceedings have started. Only a small proportion run all the way to a trial and a judgment.

If your matter is one of the few that does reach a trial, you may be asked to give evidence about the accident and how the injury has affected you. That’s the part people dread most. It’s also the part your lawyer prepares you for thoroughly, explaining what will happen, what you’ll be asked, and what to expect, so that you walk in understanding the process rather than facing the unknown. You won’t be sent in on your own.

What makes a trial more likely?

No one can tell you at the very start exactly how your claim will end. But some things make a trial more likely:

• Liability is genuinely disputed — the other side denies they were at fault.
• A threshold is disputed — for example, the insurer doesn’t accept that your injury meets the “serious injury” test.
• The gap is too wide — the offer on the table is a long way from what the claim is reasonably worth.

Even in these situations, a trial is usually a last resort, reached only after negotiation and mediation have been tried.

What should you do if you’re worried about court?

If the fear of court is what’s holding you back from getting advice, it shouldn’t be. A few practical things help:

• Get advice early. Understanding your options tends to make the whole process feel far less frightening than the imagined version.
• Ask questions. An experienced personal injury lawyer will explain, in plain language, what your claim is likely to involve and how often matters like yours actually reach a trial.
• Keep your records. Medical records, receipts and a simple note of how the injury affects your daily life all help a claim resolve sooner.

Frequently Asked Questions

Do most personal injury claims in Victoria go to court?

No. Most personal injury claims in Victoria are resolved through negotiation, or mediation, without a trial. Victoria’s compensation schemes and courts are designed to encourage settlement, and the courts require or encourage mediation before a matter reaches a hearing.

Will I have to give evidence or be cross-examined?

In most claims, no, because most claims settle before a trial. You would generally only give evidence if your matter proceeded all the way to a trial, which is uncommon. If that does happen, your lawyer prepares you thoroughly beforehand, so you know what to expect.

Can I be forced to go to court?

You can’t be forced to accept a settlement you’re not happy with, and no one can force you to sue. If your claim is disputed and you want to pursue it, a court may ultimately need to decide it — but that’s a decision you make with your lawyer’s advice, and only after other options have been explored.

How long does a claim take if it doesn’t go to court?

It varies with the type and complexity of the claim, and with how long your injuries take to stabilise. Many claims resolve within roughly a year or two of your condition becoming stable, though some take longer. Your lawyer can give you a realistic estimate for your circumstances.

What happens at a mediation or settlement conference?

Both sides meet, usually with their lawyers, to try to resolve the claim. An independent mediator helps the discussion but does not decide the outcome. Often the parties sit in separate rooms while the mediator moves between them. What’s said is confidential. If an agreement is reached, it’s usually final.

If my claim settles, is it made public?

Generally, no. Settlements reached through negotiation or mediation are usually private, and often confidential. A public hearing only arises if a matter proceeds to a trial.

How Henry Carus + Associates can help

The prospect of court stops many injured people from taking the first step. It shouldn’t. For most of our clients, a claim is resolved without ever seeing the inside of a courtroom and where court does become necessary, we make sure you understand every step and never face it alone.

Our expert team of lawyers take the time to understand your injury, your circumstances and what matters to you, and we explain your options in plain language so you can make decisions with confidence. That’s the standard of care we believe every injured person deserves.

We act on a no-win, no-fee basis, which means you pay nothing unless we win. Furthermore, we offer a unique 90-day satisfaction guarantee so if you are unhappy, you can walk away, no string attached.

If you’d like to understand where you stand, contact our team for a confidential, no-obligation discussion about your options.

The post Will I Have to Go to Court for a Compensation Claim? appeared first on Henry Carus + Associates.

Many clients that we meet are deeply concerned about cost when hiring a law firm to help lodge your claim. Choosing a lawyer is a decision most people only make once. In the case of a personal injury lawyer, you’re likely doing it while dealing with an injury, and often without knowing what to expect from the relationship. That’s the exact problem our 90-Day Guarantee is designed to solve.

Quick answer

Our 90-Day Guarantee means that if you’re not satisfied with our service in the first 90 days after signing your General Authority with us, you can move to another firm at no cost. There’s no penalty and no obligation to stay — it’s designed to give you confidence in your choice of lawyer, without asking you to commit before you know how we work.

Choosing a personal injury lawyer is a big decision

When you first meet with an injury lawyer, they’ll usually explain their No Win, No Fee arrangement and ask you to sign a costs agreement which is a formal document setting out how fees will be charged if your claim succeeds. Under Victorian law, you have the right to negotiate that costs agreement, negotiate the billing method, and seek help from the Victorian Legal Services Commissioner if a dispute arises over legal costs.

Even with those protections in place, it’s still hard to know how a firm will actually work with you until you’re partway through your claim. You might not know how responsive they’ll be, how clearly they’ll explain things, or how comfortable you’ll feel asking questions. Committing to a firm before you know any of that can feel like a leap of faith, particularly when you’re already dealing with an injury and the stress that comes with it.

How the 90-Day Guarantee works

We believe you deserve more than a leap of faith. That’s why, alongside our No Win, No Fee approach for eligible matters, we offer a 90-Day Guarantee.

When your 90 days start

The 90-day period begins from the date you sign your General Authority with us, that is the document that formally engages HC+A to act on your claim. From that point, you have 90 days to decide whether you’re comfortable with how we’re handling your matter.

What happens if you decide to leave

If, within that period, you feel we’re not the right fit, for whatever reason, you’re free to move your claim to another firm. You won’t be charged for the work we’ve done, and you’re free to take your file and continue your claim wherever you choose.

Why we offer this guarantee

We offer the 90-Day Guarantee because we want clients to choose us with confidence, not out of a sense of being locked in. It reflects our broader approach: we’d rather earn your trust through the way we handle your claim than through a contract that makes leaving difficult.

To date, no client has taken us up on this option. We put that down to clients feeling heard and well looked after from the outset, but the option is always there if you need it.

How this fits with our No Win, No Fee approach

We act on a true No Win, No Fee basis. If your claim isn’t successful, you pay nothing — no legal fees, and no out-of-pocket costs, including disbursements. The 90-Day Guarantee works alongside this commitment, giving you an additional layer of confidence in the early stages of your claim, when you’re still getting to know how we work together.

Frequently Asked Questions

Does it cost anything if I decide to leave within 90 days?

No. If you choose to move your claim to another firm within 90 days of signing your General Authority with us, you won’t be charged for the work completed during that time.

Does the 90-Day Guarantee apply to every type of claim?

The 90-Day Guarantee applies to TAC claims, WorkCover claims, medical negligence and public liability matters. If your claim falls outside these areas, our team will let you know how we can help when you first get in touch.

Is the 90-Day Guarantee the same as the TAC Medical and Like Services Guarantee?

No. The TAC Medical and Like Services Guarantee is a separate offer relating specifically to TAC claims and the payment of reasonable medical and like services costs. The 90-Day Guarantee relates to your ability to change law firms early in your claim, regardless of claim type.

What happens to my file if I change firms?

Your file belongs to you. If you decide to move to another firm, we’ll arrange for your file to be transferred to your new lawyer.

How do I know if I’m eligible for the 90-Day Guarantee?

The best way to find out is to speak with our team directly. We’ll explain how the guarantee applies to your specific circumstances during your first appointment.

How HC+A Can Help

If you’re weighing up which firm to trust with your claim, we understand that decision carries real weight. Our unique 90-Day Guarantee is one part of how we try to make that decision easier, alongside clear communication, individual attention, and a personalised approach to your matter from day one.

Contact our team for a confidential discussion about your claim and how our 90-Day Guarantee applies to your circumstances.

The post Our 90-Day Guarantee Explained appeared first on Henry Carus + Associates.

Here’s a simple breakdown.

Quick Answer

• The TAC (Transport Accident Commission) is a Victorian Government-owned organisation that provides financial and medical support to people injured in transport accidents.
• It operates as a no-fault scheme, meaning you can access benefits whether or not the accident was your fault.
• It’s funded through a compulsory charge collected when Victorians register their vehicles each year.
• TAC benefits cover medical treatment, income support, rehabilitation, and in some cases, lump-sum compensation.
• You generally have 12 months to lodge a claim and no more than three years, or your entitlements may be lost entirely.

What Is the TAC?

The TAC was established by the Victorian Parliament under the Transport Accident Act 1986, with both major parties in support, and began operating on 1 January 1987. It’s a Victorian Government-owned organisation established to fund treatment and benefits for people injured in transport accidents, promote road safety, and improve Victoria’s trauma system.

The TAC functions as Victoria’s compulsory third-party insurer for road accidents. It operates as a commercial insurer and is funded both by premiums and investment income generated on reserves.

How Does TAC Work?

The TAC is a no-fault insurance scheme owned by the Victorian Government. This means if you are injured in a transport accident in Victoria, you can access benefits regardless of whether you caused the accident, another driver did, or the fault isn’t clear.

When you register a vehicle in Victoria, part of the registration cost goes to the TAC as a compulsory charge. That funding supports anyone injured on our roads and funds accident prevention initiatives, including road safety education programs. Last year alone, over 45,000 people were supported after an accident.

What Does TAC Do – and What Does It Cover?

How does TAC work when you actually need it? Once you lodge a claim and it’s accepted, the TAC can fund a wide range of treatment and support services, including:

• Emergency ambulance transport and hospital care
• GP and specialist appointments
• Physiotherapy, psychology, and allied health services
• Prescription medications and medical aids
• Home nursing and personal care
• Home help (cleaning, gardening, household tasks)
• Travel to and from medical appointments
• Income support if you’re unable to work
• Lump-sum impairment benefits for permanent injuries

The TAC actively campaigns to reduce the incidence of road trauma through accident-prevention programs, working closely with Victoria Police, the Department of Justice, and VicRoads to develop campaigns that raise awareness and reduce road trauma across the state.

Who Is Covered?

The Transport Accident Commission (TAC) covers you if you are injured, or if a loved one dies, in a car or transport accident under these conditions:

• If the accident happens in Victoria: You are covered, no matter what state the vehicles are registered in.

• If the accident happens anywhere else in Australia: You are covered as long as at least one Victorian-registered vehicle was involved.

Essentially, it is a no-fault scheme designed to protect you as long as there is a clear connection to Victoria (either the location of the crash or the registration of a vehicle).

This includes drivers, passengers, pedestrians, cyclists, motorcycle riders, and people on public transport. Whether you were involved in car accidents, truck accidents, motorcycle accidents, or bike accidents, you may have entitlements under the scheme.

What Are the Time Limits?

This is where many people come unstuck. The law requires you to lodge a TAC claim within 12 months of your accident. In limited circumstances, the TAC may accept a late claim if there’s a reasonable explanation for the delay. But no claim can be lodged more than three years after the accident. Miss that window, and you lose access to both no-fault benefits and any right to pursue common law compensation.

What the TAC Doesn’t Cover

The TAC deals exclusively with personal injury. It doesn’t cover property damage to your vehicle. That’s a matter for your own insurer or the at-fault party’s insurance.

It’s also worth noting that the TAC’s policies on what’s covered aren’t law in themselves; they reflect the TAC’s interpretation of the legislation, so decisions can be challenged. Many Victorians accept a TAC decision without realising they have the right to contest it.

Why Having a Lawyer Makes a Difference

The TAC plays a dual role: it exists to support injured people, but it also acts as the insurer for the driver or vehicle responsible for your accident. Once you pursue common law compensation for pain and suffering or loss of earnings, the TAC is effectively the other side of the negotiation.

That’s why having experienced legal representation matters. At Henry Carus + Associates, our team works exclusively on behalf of Victorians injured in TAC accidents. We help you understand your full entitlements, challenge unfair decisions, and pursue the maximum common law compensation your circumstances allow.

If you’ve been injured in a road accident and want to understand how the TAC affects your claim, contact Henry Carus + Associates for a no-obligation consultation.

The post What Is the Transport Accident Commission and How Does It Work? appeared first on Henry Carus + Associates.