Negotiated Settlement

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This is what hopefully happens at a voluntary settlement conference or at a mediation in a TAC common law claim for damages. However, negotiations can take place at any time by one or other party making an offer to settle the claim on certain terms. If the offer is accepted then a settlement is achieved by negotiation.

Once and for all Rule

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When a common law damages claim is resolved or settled by negotiation, or there has been a common law trial resulting in a verdict, the claimant’s common law right is extinguished. Under no circumstances can either the claimant or the TAC reopen the claim. The claimant only has one opportunity to recover common law damages. Once a common law claim is … Read More

Overseas Medical Costs

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The medical coverage provided by the TAC is limited to treatment received in Australia. In other words, if a TAC claimant leaves Australia and undergoes treatment overseas, the TAC has no liability to pay those treatment costs. This can be a problem for overseas visitors injured in transport accidents in Victoria. When they return home, the TAC is no longer … Read More

Pain and Suffering Damages

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Lawyers use this expression to describe damages that are paid to a seriously injured person for their pain, suffering and loss of enjoyment of life. Such damages are assessed having regard to the nature and severity of the injuries sustained, the effect the injuries have had on the injured person and the likely duration of future problems that will flow … Read More

Part/Party Legal Costs

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These are the legal costs, calculated by reference to the Court scale or the common law protocol, that have to be paid by the TAC where the injured person succeeds in a claim for common law damages. In such claims the losing party (here the TAC) only has to pay a contribution towards the total legal costs of the injured … Read More

Pecuniary Loss Damages

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These damages are also referred to as economic loss damages. These are damages awarded to a seriously injured transport accident victim in a common law damages claim for loss of income and lost earning capacity. The quantum of those damages is assessed having regard to the income the person would have earned had they not been injured. There are many … Read More

Quantum

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Lawyers use the term quantum to describe the value or the amount of common law damages that the TAC might have to pay to a seriously injured person for their pain and suffering and loss of income and lost earning capacity. So when lawyers use the expression quantum when dealing with a common law damages claim, they are referring to … Read More

Seat Belt Defence

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This is an expression used by TAC lawyers to describe a situation where the TAC seeks to discount a seriously injured person’s common law damages because the person was not wearing a seat belt at the time of the accident. The TAC has to establish that the person’s injuries would not have been as severe if a seat belt had … Read More

Solicitor/Client Costs

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These are in effect the total legal costs payable by the injured person. If the claim is successful then the TAC would contribute the party/party costs, leaving a balance that has to be paid by the client. This balance is often referred to by lawyers as the “solicitor/client” component. The amount of legal costs varies from case to case as … Read More

TAC Claim

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This expression describes a situation where a person who is injured in a transport accident has lodged a claim for compensation with the TAC which has been accepted. The person then has a TAC claim.