Any dependant children of the deceased and the dependant spouse of the deceased. The surviving spouse of the deceased is also eligible in circumstances where the deceased wasn’t working but was engaged in the full time care of children of the deceased. Again, expert legal advice needs to be obtained about these matters.
Anyone who suffers a “serious injury” in a transport accident can sue the person whose negligence caused the accident in order to recover TAC common law damages.
There are two types of damages that can be recovered in a TAC common law claim: Pain and suffering damages up to $ 577,280.00. Pecuniary (economic) loss damages up to $ 1,298,980.00. 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. … Read More
Pain and Suffering Damages These damages are awarded for pain, suffering and the loss of enjoyment of life. There is no scale that applies to the assessment of these damages. The personal circumstances of the accident victim form the basis for the assessment. Accordingly, every case is different. Pecuniary Loss Damages Pecuniary loss damages are awarded for income loss and … Read More
The damages are ordered to be paid by the defendant – i.e. the person you sue. However, in the vast majority of cases the person you sue is the driver or owner of a motor vehicle. In such cases the Compulsory Third Party Insurer is the body that pays the damages on behalf of the named defendant. In most TAC … Read More
Before being able to sue for damages you must be classified as having suffered a serious injury. Before you can be classified as having suffered a serious injury, you must have undergone an impairment assessment. An impairment determination will not be made until your injuries are stable or at least substantially stable. Hence, you cannot commence a common law damages … Read More
Yes. The TAC is obliged to continue paying for your reasonable, accident related hospital, medical and like expenses as part of your TAC claim. The resolution of a common law damages claim brings to an end the entitlement to receive LOEC benefits. It also brings to an end any entitlement to receive an impairment lump sum payment. Expert legal advice … Read More
If you have received Centrelink benefits between the date of the accident and the resolution of your common law claim, and you recover pecuniary loss damages, (i.e. damages for lost income and impaired earning capacity) you will have to repay the amounts you have received from Centrelink. Further, depending upon the size of your damages award, you may also be … Read More
Yes. The time limits are: to lodge a TAC claim for compensation – 1 year from the date of the accident or from the date the injury first manifested itself. TAC does have a discretion to accept a claim lodged after 12 months, but within 3 years of the accident, provided the accident victim can provide reasonable grounds for late … Read More