Injury Compensation
TAC Lump Sum Compensation
Our People:
Impairment Benefit
- Regardless of who caused the accident you may be entitled to lump sum compensation if your injuries cause a permanent impairment of 11% or more to your whole body.
- Generally impairment cannot be assessed until 18 months from the date of the accident, and only then if your injuries have stabilised.
- Impairment is assessed in accordance with an American medical publication known as the AMA Guides - 4th Edition.
- An application must be made to TAC to assess impairment within 6 years from the date you became aware of injury. If no application is made within time you may be barred from claiming an impairment benefit.
- TAC will contribute towards your legal costs if a lawyer assists you in making a successful application for an impairment benefit.
- If you wished to dispute TAC’s impairment decision you have 12 months to lodge an appeal with the Victorian Civil and Administrative Tribunal or to lodge a dispute application under the TAC protocols.
Suing for Compensation – Common Law
- If you are injured as the result of the fault of another driver you are entitled to sue for compensation if you have a serious injury.
Serious injury means:
(a) the TAC assesses your permanent impairment at 30% or more or;
(b) the TAC or Court are satisfied that you have suffered a serious injury, meaning:-
- serious long-term impairment or loss of body function, or
- permanent serious disfigurement, or
- severe long-term mental or behavioural disturbance, or
- loss of a foetus.
- The impact of your injuries upon your enjoyment of life and/or work capacity is looked at when determining ‘serious injury’. You should consult a lawyer for expert advice on this aspect.
- Legal proceedings must generally be issued within 6 years from the date of accident otherwise your right to sue for compensation may be lost.
Galbally & O’Bryan can help you claim TAC lump sum compensation.
Contact us now, or email Nicholas O'Bryan directly at nobryan@galballyobryan.com.au.