There are two types of damages that can be recovered in a TAC common law claim:
- Pain and suffering damages up to a maximum of $ 639,200.00.
- Pecuniary (economic) loss damages up to a maximum of $ 1,438,310.00.
In most cases, damages for future hospital, medical and like expenses cannot be claimed. This is because the TAC continues to pay hospital, medical and like expenses indefinitely. In rare cases, it is possible to obtain an award of damages for future medical costs. See – Do I have to live in Australia to be covered by TAC?
You should obtain expert legal advice in relation to the question of TAC common law damages.