Application for Common Law Damages in NSW
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Principal Lawyer and Director · Last updated 23 October 2026
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Key Takeaway: The Application for Common Law Damages is the SIRA form for a lump sum under the NSW Motor Accident Injuries Act 2017. You need a non-threshold injury (a break, fracture, nerve damage, or PTSD etc) and must not be mostly at fault to claim. Lodge within 3 years. Pain and suffering eligibility requires over 10% WPI.
Application for Common Law Damages: Quick Answers
A serious injury can cost you years of income, and a lump sum claim is how you recover it. Withstand Lawyers is the firm injured people across NSW turn to for lump sum car accident claims. Our NSW motor vehicle accident lawyers prepare the evidence, lodge the claim and negotiate the payout, rated 4.9 stars on Google and on a no win, no fee basis. Call 1800 952 898 for a free claim check.
You may be months into weekly payments, juggling appointments, and unsure whether you can go back to the work you did before. That uncertainty is exhausting, and it is normal.
Your weekly payments come from your Application for Personal Injury Benefits, the first claim everyone lodges. If your injury is serious, a second claim can follow for a lump sum. This guide covers that second claim: who qualifies, when to lodge, what happens next and what claims are worth.
What is an Application for Common Law Damages in NSW?
It is the official SIRA claim form for a lump sum after a NSW motor accident. You send it to the CTP insurer already handling your benefits claim. It applies to accidents from 1 December 2017 under the Motor Accident Injuries Act 2017. Download the Application for Damages under Common Law form from SIRA.
| Feature | Personal injury benefits (claim 1) | Common law damages (claim 2) |
|---|---|---|
| Fault | Not needed, but limited to 52 weeks if you were mostly at fault | Another driver at fault, and you not mostly at fault |
| Injury | Any injury | Non-threshold injury only |
| How it is paid | Weekly payments plus treatment | One lump sum |
| Lost future earnings | Not covered | Covered, at any impairment level |
| Pain and suffering | Not available | Only if WPI is more than 10%, capped at $712,000 |
| Deadline to lodge | 3 months | 3 years |
Who can lodge an Application for Common Law Damages after a car accident?
You must meet three requirements:
- A non-threshold injury. For example fractures, nerve damage, a torn ligament or tendon, or a diagnosed illness such as PTSD. Not sure which you have? Read threshold vs non-threshold injury in NSW.
- Someone else at fault. Another vehicle’s owner or driver caused the accident.
- You were not mostly at fault. That means 61% or less. Any share of blame reduces your damages: a 25% finding cuts a $400,000 claim to $300,000. Unsure? Read our guide to a not at fault car accident claim.
Passengers usually meet the fault test easily. Pedestrians can claim too.
What can you claim in an Application for Common Law Damages?
Economic loss at any impairment level, plus pain and suffering if your WPI is more than 10%.
- •past loss of earnings, from the accident to settlement
- •future loss of earning capacity
- •superannuation lost with those earnings
- •pain and suffering, capped at $712,000 (see pain and suffering compensation)
Medical and treatment costs are not part of the lump sum. They stay with your personal injury benefits.
When can you lodge an Application for Common Law Damages in NSW?
Any time from the day of the accident up to 3 years after it. The old 20-month waiting period was repealed. Two dates matter:
| From the accident | What it means for your damages claim |
|---|---|
| 2 years | Lodge by now if you want weekly payments to keep running past 2 years. While the claim is pending they can continue to 156 weeks (WPI 10% or less) or 260 weeks (WPI more than 10%). |
| 3 years | Deadline to lodge the claim with the insurer. |
| After 3 years | A late claim needs a full and satisfactory explanation for the delay. |
Our motor vehicle accident lawyers lodge the claim once your injuries and the threshold decision are clear enough to support it. More on every deadline: how long after a car accident you can claim.
How do you lodge the Application for Common Law Damages form?
- Check your benefits claim is in. If not, lodge the Application for Personal Injury Benefits first or send both together.
- Use the same insurer. Not sure who it is? Use SIRA’s CTP Connect tool.
- Complete your details: name, contact details, Medicare number, CTP claim number and bank details.
- Sign the declarations and authority, so the insurer can collect your medical, employment and Centrelink records.
- Attach your evidence (police or ambulance reports, your latest Certificate of Fitness, payslips, receipts), send it and keep a copy.
Not sure where to start? Call Withstand Lawyers on 1800 952 898 and our team will prepare and lodge the claim for you.
What happens after you lodge an Application for Common Law Damages?
- Liability decision within 3 months. The insurer must admit or deny liability. No answer counts as a denial.
- Information and assessments. You give the insurer the details of your claim and may attend medico-legal examinations.
- WPI assessment. If you disagree on whether your impairment is more than 10%, an independent assessor at the Personal Injury Commission decides.
- Settlement offer. Unless it denies liability, the insurer must make a reasonable offer.
- Negotiate and settle. Most claims settle in negotiation or mediation, without court.
When can you settle a common law damages claim in NSW?
There is no longer a legal minimum. The old rule against settling within 2 years was repealed. A settlement is valid only if you have a lawyer or the Personal Injury Commission approves it.
Our lawyers hold off settling until the injuries have stabilised, for three reasons. Pain and suffering needs a WPI rating above 10%, which cannot be assessed accurately before then. A settlement cannot be reopened later. And weekly payments stop once the claim is finalised, so timing it right protects the full value of the claim. Straightforward claims usually settle in 12 to 18 months; complex claims take 2 to 3 years.
How much can you get from a common law damages claim in NSW?
It depends on impairment, age, income and the work you can still do. These ranges reflect NSW claims we see. Every claim turns on its own facts and these are not guarantees.
| Injury type | WPI % | Payout range | Key factors |
|---|---|---|---|
| Fractured wrist or ankle, or partial ligament tear, good recovery | Under 11% | $120,000 to $300,000 | Economic loss only, no pain and suffering |
| Lumbar or cervical disc injury with nerve symptoms | 11% or more | $400,000 to $700,000 | Age, income, ability to keep working |
| Multiple fractures, several surgeries | 11% or more | $600,000 to $1,000,000+ | Permanent restrictions, time off work |
| Traumatic brain injury | 11% or more | $1,500,000 to $2,000,000+ | Cognitive impact, lifetime earning capacity |
| Spinal cord injury | 11% or more | $2,000,000+ | Loss of earning capacity for life |
The $712,000 cap applies to pain and suffering only, not your total payout. Full breakdown: NSW motor vehicle accident compensation payouts, permanent impairment payout amounts, or try our CTP compensation calculator.
What have NSW common law damages claims settled for?
Real NSW car accident results from our claims won page:
| Client | Injuries | Result |
|---|---|---|
| Brad, 35, rear-ended | Whiplash plus shoulder tear and lumbar disc injury, 13% WPI | $400,000 plus statutory benefits |
| Jane, pedestrian | Multiple fractures, several surgeries | $370,000 |
| Mark, driver rear-ended | Fractures and a meniscus tear | $340,000 |
Brad’s 13% WPI took him above the 10% line, so his lump sum included pain and suffering as well as lost earnings. Past results are not guarantees.
Can you claim TPD as well as common law damages if you cannot return to work?
Often, yes. If your injuries stop you working for good, you may also have total and permanent disability (TPD) cover inside your superannuation. A TPD claim goes to your super fund’s insurer, separate from the CTP insurer, and making it does not affect your other compensation entitlements. Some Withstand Lawyers clients have received both a car accident payout and a TPD payout.
- •TPD lump sums generally range from $40,000 to $350,000, depending on your fund, age and cover.
- •You may be able to claim from each super fund that held TPD cover for you when you were injured.
- •Eligibility turns on your policy’s definition of disability: see the guide to TPD payouts from super and whether you can work again after a TPD payout.
Our TPD lawyers can check every policy you hold while your car accident claim runs.
Application for Common Law Damages FAQs
Can I lodge the Application for Common Law Damages at the same time as my personal injury benefits claim?
Do my weekly payments stop when I lodge a common law damages claim?
What happens if the insurer denies liability for my damages claim?
Are medical expenses part of a common law damages claim?
How much does it cost to lodge an Application for Common Law Damages?
Can I reopen my common law damages claim after it settles?
Why choose Withstand Lawyers for your common law damages claim?
When a serious injury changes your work and your life, the firm you choose matters. Withstand Lawyers focuses exclusively on personal injury and compensation law, with over 40 years of combined experience in car accident compensation law and a strong track record in serious CTP claims. We tell you what your claim is worth, without pressuring you to settle, and handle every step from the evidence to the final negotiation. Over $60 million recovered since 2014 for clients across Australia and NSW, a 99% success rate, and 4.9 stars on Google. No win, no fee. Call 1800 952 898 or start your free claim check.
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About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
4.9 ★ — 265+ Reviews
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground.
Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life.
I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!”
“I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.”
“I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.”
“Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.”
“Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.”
Meet Your Motor Vehicle Accident Lawyers
Every motor vehicle accident claim is handled by a personal injury lawyer with dedicated motor vehicle accident experience.
Issa Rabaya
Director, Lawyer
Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result.
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Minaa Mohmand
Special Counsel
Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD.
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Esther Ihn
Senior Associate
Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims.
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Mihana Wen
Associate
Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach.
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