Motor Vehicle Accident Claim Lawyers
Motor Vehicle Accident Compensation Lawyers Sydney
If you are injured in a motor accident in NSW, you are entitled to compensation. The extent of compensation depends on the circumstances of the accident, being whether or not you are wholly at fault and the degree of injuries sustained. Regardless of where you were injured, our motor vehicle accident lawyers can assist you.
What am I entitled to?
How do I claim motor vehicle accident compensation (after 1 December 2017)
Report the accident to police within 28 days and obtain an ‘Event number’
Complete an Application for Personal Injury Benefits (click for the form) along with the Medical Certificate which is to be completed by your GP and lodge with the Compulsory Third Party (CTP) insurer of the vehicle at fault ideally within 28 days however the time limit is 3 months. However, if you lodge the form after 28 days you may not be able to receive back pay for time off work since the date of the accident to the date you lodge the form. If your injury is a soft tissue injury then there is no further process to follow.
- Contact our Sydney compensation lawyers to determine if you are eligible to make a common law claim which entitles you to a lump sum payment to include for wages and medical expenses beyond 6 months in addition to compensation for pain and suffering. You have 3 years to make a common law claim.
Am I entitled to make a claim for common law?
If your injury is not deemed a soft tissue injury and you are not wholly at fault, then yes. Examples of injuries that are not soft tissue injuries are fractures, spinal injuries with radiculopathy, scarring, lacerations, injury to nerves, rupture of tendons, ligaments, menisci or cartilage. For psychological injuries, an example is a diagnosis of post-traumatic stress disorder. You can contact our highly experienced compensation senior lawyers to assist you in determining your eligibility to make a common law claim. If you are entitled to make a common law claim, your pain and suffering, effects of the accidents on your life, age and disabilities will be taken into account. The maximum awardable amount of compensation for pain and suffering as in 2017 was $521,000.
What is a soft tissue injury?
A soft tissue injury is an injury to tissue that connects, supports or surrounds other structures or organs (such as muscles, tendons, ligaments etc.) of the body but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. If you have a soft tissue injury, at the expiration of 6 months, you will receive a letter from the CTP Insurer informing you that your entitlements will cease due to your injuries being soft tissue. If you disagree you are entitled to apply for internal review and subsequently apply for review with SIRA. We recommend you contact our senior compensation lawyers based in Sydney as the insurer may not be correct in its determination that your injuries are soft tissue injuries.
When can I make a claim for common law?
Immediately, if your injuries are assessed at greater than 10% whole person impairment and there is an agreement between you and the insurer or a decision has been made by a doctor appointed by the State Insurance Regulatory Authority. You have 3 years to claim common law compensation from the date of the accident. If your injuries are not greater than 10% whole person impairment then you can make a claim for common law after 20 months has passed from the date of the accident. You also have a 3-year time limit to apply from the date of the accident.
Frequently Asked Questions
Yes but the extent of compensation is less depending on whether you are wholly at fault or just partially or not at fault. If the accident was wholly your fault, you are still entitled to claim medical expenses. You are also entitled to claim income support payments for time off work for the first six months. If you have a soft tissue injury, your injury would be considered a minor injury which means you would be unable to claim wages and a lump sum payout for your future losses.
No Win No Fee motor vehicle accident lawyers
The team at Withstand Lawyers can assist you to get you the maximum compensation possible in the best approach. You can meet our friendly motor accident compensation lawyers in Sydney and Parramatta. Our fees are on a No Win No Fee basis meaning that you do not pay any money out of pocket for our legal fees. It also means that if we do not get you compensation then you do not pay for our legal fees. Call us on 1800 952 898 or fill the form to get professional advice.
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