Truck Accident Injury Lawyer
Truck Accident Injury Compensation Lawyers in NSW
Compensation is not limited to drivers, passengers or pedestrians involved in a truck accident. Regardless of whether you or your close relative, was a passenger, driver or pedestrian involved in a truck accident, you may be entitled to compensation if you were injured as a result. If you were mostly at fault or if your injuries are considered minor you will receive statutory benefits by way of income support payments 26 weeks and cover for medical expenses. If you were not mostly at fault and your injuries are considered non minor, you can receive ongoing income support payments beyond 26 weeks and would also be entitled to make a claim for modified common law damages. Our friendly personal injury lawyers will be able to inform you whether you will be entitled to make a claim for modified common law damages.
I have been injured in a truck accident – what compensation can I claim?
If you have been involved in a truck accident, you may be entitled to statutory benefits such as income support payments, medical expenses, funeral expenses, vocational rehabilitation and compensation by way of a lump sump payment for loss of income/opportunity and compensation for pain and suffering.
Income support payments are available if you, as a result of the accident, lost income. The payments will cease after 26 weeks if you were wholly or mostly at fault or if your injuries are minor.
You may also be entitled to reasonable medical expenses including dental and pharmaceutical expenses, physiotherapy and home care. You can make a claim for funeral expenses if you are the legal personal representative of a person who died in a truck accident.
Lump sum payment for loss of income/opportunity relates to the loss of income and/or opportunity you have lost as a result of the accident. Our personal injury lawyers would work with you to calculate how much lost income and opportunity you may have lost and may lose into the future as a result of the accident and claim that loss. Lump sum payment for pain and suffering is a payment to take into account the pain and suffering you have experienced as a result of the accident. Our personal injury lawyers will be able to inform you how pain and suffering is taken into account to ensure you understand the full extent of your compensation entitlements.
I have been injured in a truck accident – how do I claim compensation?
For truck accidents that occurred on or after 1 December 2017, you need to report the accident to the police within 28 days and obtain a Police Event Number which will need to be included in your Application for Personal Injury Benefits Form. You are also required to complete the Application for Personal Injury Benefits Form and request your GP complete a Certificate of Capacity form. You are required to lodge both forms with the CTP insurer of the truck at fault within 3 months. However, if you are claiming income support payments for loss of income, you are required to lodge both forms within 28 days of the truck accident, so that you can receive statutory benefits from the date of the accident. Our personal injury lawyers will be able to advise you on the requirements of these forms and will be in some instances, able to complete and lodge the Application for Personal Injury Benefits Form on your behalf.
Can I make a claim for modified common law damages?
If you were not the driver mostly at fault and your injuries are not minor, you will also be entitled to make a claim for modified common law damages which include claiming damages for economic loss, both past and future including superannuation, that you suffered as a result of the injuries sustained in the truck accident. You may also be able to claim damages for pain and suffering if your injuries are assessed at being greater than 10% whole person impairment.
What is minor injury?
Minor injuries relating to physical injuries are soft tissue injuries that are typically those in muscles, tendons, and ligaments but do not include injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. Whiplash injury is the most common type of injury to be classified as soft tissue injury. Minor psychiatric or psychological injuries, on the other hand, include adjustment disorder and acute stress disorder. You can contact our personal injury lawyers for information about whether your injury would be considered a minor injury or not. It is important because the difference of whether you will be able to claim income support payments beyond 26 weeks and also damages for loss of income/opportunity and pain and suffering is dependent on your injury not being a minor injury.