TAC Claims - Adviceline Injury Lawyers
Suing for Compensation
Can I sue for Damages caused by the Accident?
An injured person may sue for two types of damages:
- Damages for pain and suffering and loss of enjoyment of life
- Damages for loss of income and earning capacity
To be entitled to anything, however, the Court must award at least $45,830 for
pain and suffering, or $45,830 for earnings lost.
There is also a maximum fixed by the Court of:
- Pain and suffering $472,500
- Loss of income $1,063,160
If successful at Court in a claim for pain and suffering, all impairment benefits previously paid are taken into account. If successful at Court for loss of income, all loss of earning capacity benefits are taken into account.
After the Court case, some rights under the Transport Accident Act cease, but not the payment of ongoing medical and rehabilitation costs.
Due to the different considerations that must be taken into account before suing, any action should be fully discussed with an expert TAC lawyer.
Can I sue if the accident wasn't my fault?
Although the accident may not have been the injured person's fault, the only people who can sue in court for compensation are those who have suffered a serious injury. There are 3 ways in which an injury can be regarded as a serious injury:
- A permanent impairment of 30% or more.
- The TAC agreeing that a serious injury has been suffered and issuing a certificate for the start of a Court action.
- A judge, after a preliminary hearing, agreeing that a serious injury has been suffered and consenting to the start of a Court action.
Permanent impairment
The first way a serious injury is determined, is when a person has been assessed by the TAC for Permanent Impairment, and the impairment is deemed 30% or more. The assessment is conducted by doctors in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th Edition. These guides are not generous. Some examples are:
- Loss of vision of one eye 24%
- Loss of sense of smell 5%
- Loss of hand 54%
If the assessment is less than 30%, application can be still made to the TAC or the court to sue the driver. The Supreme Court has held that a serious injury can be the loss of a body function, which is long term, and has a serious consequence for the injured person in the form of disablement from his/her previous work or interference with enjoyment of life. Some examples of this type of serious injury are:
- A cook who loses the sense of taste
- A bricklayer who damages his knee
- A pianist who crushes a finger
- A nurse who injures her back
A serious injury can also be:
- Permanent serious disfigurement
- Severe long-term mental disturbance
- Loss of a foetus
