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 damage that can be recovered in a TAC common law claim. You can obtain an award for pain and suffering damages. You can also obtain an award for pecuniary (economic) loss damages. In rare cases, it is possible to obtain an award of damages for future medical costs (eg. see Do I have to live in … Read More
Pain and suffering damages, as the name suggests, are awarded for the pain, suffering and loss of enjoyment of life experienced as a result of the injuries. There is no yard stick or scale that applies to the assessment of pain and suffering damages. The personal circumstances of the accident victim are considered in detail in assessing these damages. Every … 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