If your motor vehicle accident occurred after 1 December 2017, you may be entitled to make a claim for Common Law Damages

By 1 July 2020 August 28th, 2020 Must-Knows
Common Law Claim

Am I entitled to make a Common Law Claim

If you have lodged an “Application for Personal Injury Benefits” and the insurer has determined that you are not wholly at fault in your accident and your injury is not a “minor injury” you are entitled to make a claim for common law damages.

What is a “minor injury”

A “minor injury” is any one or more of the following:

  1. A soft tissue injury (an injury to tissue that connects, supports or surrounds other structures or organs of the body (such as muscles, tendons, ligaments, menisci, cartilage, fascia, fibrous tissues, fat, blood vessels and synovial membranes), but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage.
  2. A minor psychological or psychiatric injury (a psychological or psychiatric injury that is not a recognised psychiatric illness).

What does a Common Law Damages Claim entail

A common law claim comprises of the following heads of damages:

  1. Pain and suffering (non-economic loss). To receive pain and suffering, your injuries must exceed a threshold of 10% Whole Person Impairment. This is commonly determined by a SIRA accredited medical assessor.
  2. Economic loss:
    1. Past and future loss of earnings; and
    2. Past and future loss of superannuation.

When can I make a common law claim

A claim for common law damages can be made any time after 20 months from the date of your accident or before 20 months if the insurance company has accepted that your injuries are greater than 10% WPI.

To see if you can make a claim for Common Law Damages, contact Gajic Lawyers today.

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