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 claim until your injuries are stable and you have undergone an impairment assessment and have been classified as having suffered a serious injury.

In some cases, such as in cases involving catastrophic spinal cord injuries or amputations, it is possible to have the impairment determined and the serious injury classification made within a few months of the transport accident. In other cases, where the injuries require a lot of ongoing treatment, it might take a year or more for the injuries to become stable.  Every TAC claim is unique and the injuries suffered by TAC claimants varying significantly.  Therefore, it is essential that you seek expert legal advice about your claim, your injuries and the potential time frames for entitlements.