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Seek leave to sue for common law damages for injuries sustained in a Victorian transport accident by making a serious injury application to the TAC
If a person suffers serious injuries as a result of a traffic accident in Victoria, it may be appropriate to seek permission from the Transport Accident Commission (TAC) to bring a claim for common law damages by making a serious injury application. An example of this is our client who was involved in a major traffic accident that was not his fault. He was rear-ended by another car at speed and suffered major injuries.
Acting on his behalf, we lodged a serious injury application to the TAC. It was rejected, but after we issued County Court proceedings, the TAC agreed to grant our client a serious injury certificate.
The certificate gave our client leave to sue the other at-fault driver for common-law damages for his injuries. As the TAC is required to indemnify at-fault drivers for damages claims brought against them, our client’s case was resolved for a substantial payment of common law damages.
What is a serious injury?
The Victorian Transport Accident Act states that a person who is injured as a result of a transport accident may recover damages in respect of the injury if the injury is a serious injury.
If the TAC has determined the degree of the injured person’s impairment as 30 percent or more, the injury is deemed to be a serious injury. Where the degree of impairment is less than 30 percent, the injured person cannot bring proceedings unless the TAC is satisfied the injury is a serious injury.
The Act defines serious injury to include:
“(a) serious long-term impairment or loss of a body function; or
(b) permanent serious disfigurement; or
(c) severe long-term mental or severe long-term behavioural disturbance or disorder; …”
What damages can be recovered by an injured person if they’ve suffered a serious injury in Victoria?
A person who suffers a serious injury in Victoria may bring proceedings for pain and suffering (often referred to as “general damages”) and damages for economic loss.
Pain and suffering damages are damages designed to compensate an injured person for the loss of enjoyment of life and pain and suffering caused by their injury.
Economic loss damages are damages for the financial losses suffered by a person as a result of their injuries. They include damages for past and future economic loss.
The final word
Our client’s recent success in obtaining a serious injury certificate gave him leave to bring damages proceedings for pain and suffering and loss of earnings. It shows:
- The importance of obtaining legal advice (if you have suffered a transport accident in Victoria) about whether you have suffered a serious injury and may be able to bring a claim for common law damages for your injury or injuries; and
- The value of legal representation.
If a person suffers injury as a result of a motor vehicle accident in Victoria, they should seek legal advice about common law damages including whether they will meet the serious injury test for bringing proceedings. There are time limits for bringing transport accident proceedings, so legal help as soon as possible.
Our personal injury team has excellent experience in common law damages claims for transport accident-related injuries in Victoria. Contact us to learn more about serious injury applications and claiming damages for transport accident injuries in Victoria.
