Henry Carus + Associates | Injury Lawyers

What Does TAC Consider a Serious Injury?

man with serious injury after road accident with female driver

Though anyone injured in a transport accident in Victoria can lodge a claim for medical treatment, income support, and other benefits, TAC serious injury compensation is only available in certain circumstances. If you were injured in a road accident, it is important to consult a knowledgeable lawyer promptly.

At Henry Carus + Associates, our lawyers have extensive experience handling TAC accident claims. We will review your case thoroughly to determine what benefits you deserve and whether you are entitled to common law compensation for suffering a TAC serious injury.

Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our accident lawyers serve clients in Melbourne and throughout VIC.

What Is a Serious Injury?

‘Serious injury’ has a specific legal meaning followed by the TAC. This definition can be found in the Transport Accident Act 1986:

‘“serious injury” means—

        (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; or

        (d)     loss of a foetus.’

Transport Accident Act 1986 – Sect 93(15)

You are very likely to be required to undergo specialised medical assessments and share information about your condition and/or your finances to determine whether you have suffered a serious injury.

If the TAC is satisfied that your injury is serious, as per the legislation indicated above, you will be issued a Serious Injury Certificate. The Certificate is essential for being able to seek common law compensation (more on that below).

Also included in the TAC’s definition of serious injury is a whole person ‘permanent impairment of 30% or more.’ Permanent impairment refers to a process of determining impairment by the application of the AMA Guides to Permanent Impairment (4th Edition), where the Guides look to assess the loss of separate physical and/or psychological functioning as a result of the TAC-related injuries and then combining the separate assessments of each body function to determine a Whole Person Impairment.

Whether to pursue a Whole Person Impairment assessment is a decision that should be considered as an option, and for which our accident lawyers are trained to give expert advice.

What Is TAC Serious Injury Common Law Compensation?

The TAC recognises the impact of serious injuries sustained in motor vehicle accidents. If you were seriously injured and have been accepted to have suffered a serious injury, you can pursue common law compensation.

Common Law Compensation

As part of the process of seeking a Serious Injury Certificate, attention will be given to how your TAC accident occurred. The attention will seek to ascertain if someone else was negligent in the happening of the accident and if negligence can be shown, then attention will be given to whether the injured person shares any responsibility for the accident.

Many times such questions can be easily answered, but very often detailed investigations will be needed, such as visiting the accident scene, taking detailed statements from witnesses, and engaging experts to assist in explaining how the accident occurred. The accident lawyers at Henry Carus + Associates have extensive experience in investigation and preparation of arguments in relation to negligence.

All efforts to place responsibility on a negligent third person, such as the driver of another car, provides massive opportunities to increase the common law compensation to the TAC injured person. It is an essential element of how the accident lawyers at Henry Carus + Associates seek to obtain the best compensation an injured person deserves.

In addition to advocating on the issues of negligence, attention needs to be given to the 3 areas of compensation available to a TAC injured person:

  • Loss of earnings to date
  • Loss of future earnings as a result of a permanent injury
  • Pain and suffering

Serious injuries have long-term and permanent effects on an accident victim’s life. The ability to work, live independently, engage in leisure activities, and more may all be impacted.

All of these matters require your accident lawyer to perform at a very high level in order to ensure you receive the best possible outcome by way of common law compensation.

TAC has a process that seeks to resolve common law compensation in an informal manner. That process can be very beneficial to an injured person, as it avoids lengthy and expensive litigation. However, there are occasions that the offers made by TAC at such conferences are not reflective of a fair value for the extent of damages suffered by the injured person.

It takes not only skilled and experienced accident lawyers to evaluate any offers made, but also the resolve to go forward with litigation if that is in the best interests of a client.

You should consult a personal injury lawyer well-versed in seeking the best possible outcome for injured persons in the overall TAC common law process.

Are You Entitled to TAC Serious Injury Compensation?

A TAC serious injury compensation award may consist of a permanent impairment benefit, common law damages or both. Clients of the TAC are often unaware of the full compensation to which they may be entitled following a motor vehicle accident.

You Deserve More. Henry Carus + Associates can help you claim all of the benefits and any additional compensation you are due.

We will counsel you through all aspects of the process, including assessment for serious injury and permanent impairment and lodging the appropriate claim or claims.

It is especially important to have legal counsel if you lodge a claim for common law damages. An experienced lawyer can investigate the accident and collect evidence on your behalf, negotiate a favourable settlement and, if necessary, take your matter to Court.

Contact Henry Carus + Associates for a FREE, no-obligation consultation.