Melbourne Personal Injury Lawyers Bringing Expertise To All Areas Of Injury Compensation Law
There are multiple situations where compensation for personal injury can be obtained. Unfortunately, injury victims in Victoria are often unaware what rights they have after being injured, nor do they typically know how much a claim may be worth. If you were injured through no fault of your own, it is critical to engage a Melbourne personal injury lawyer promptly to understand your rights and begin pursuing the compensation you deserve.
At Henry Carus + Associates, we take your injury personally. Our lawyers and staff have unparalleled experience with a wide range of personal injury claims. We collect all pertinent evidence, develop a custom legal strategy and fight for the outcome you deserve.
Having worked extensively with the TAC, WorkCover and private insurance companies, we have an in-depth understanding of compensation schemes and insurance claims in VIC. What’s more, the experience we have gained through working with the medical industry ensures that we can quickly understand the extent of your current physical and emotional challenges, as well as the long-term consequences of your injuries.
Please call 03 9001 1318 for a FREE, no-obligation consultation with a Melbourne personal injury lawyer. Henry Carus + Associates serve clients throughout Victoria.
What you’ll discover on this page:
- Common types of personal injury claims
- Injuries that result in a personal injury claim
- How personal injury claims work in Victoria
- Can you sue for personal injury?
- Benefits available to you for your personal injuries
- How our injury lawyers can help you
- What is the average payout for personal injury?
- The Henry Carus + Associates difference
Our personal injury solicitor three-step approach usually includes the following:
We work with you so that we can better understand the law and what you’re entitled to receive.
We present you with the most up to date information on the steps that can be taken, what the likely result will be, plus any legal costs you may incur.
Finally we’ll provide you with the various options available to you, so you’re not only well informed, but you have the best chance of achieving the right result.
James suffered a significant back injury in the workplace and came to us seeking assistance with his WorkCover claim. We helped him reach an early settlement, leaving James free to get on with his recovery and his life.Read Success Story »
Karina was employed as an activities coordinator. Her employer thought because she was young, fit and healthy they could ask her to do a task outside of her normal job description without training or sufficient instructions. Unfortunately whilst doing this task Katrina suffered an injury. Her injury was caused by her employer not instructing her properly on what they considered to be an easy job. We felt the employer had...Read Success Story »
Victor was a career butcher who loved his work. He had spent decades in the industry and eventually was promoted to being a Meat Manager at a busy supermarket. The department he was managing was very successful and so the amount of meat being delivered increased steadily over time. Unfortunately, Victor’s work space was not expanded to match the growing amount of stock which meant that he often had to...Read Success Story »
What Are the Most Common Types of Personal Injury Claims?
The term ‘personal injury’ refers to any kind of physical or psychological harm an individual can suffer. At Henry Carus + Associates, the entirety of our practice is dedicated to serving injured people.
Some of the most common claims our personal injury lawyers handle include:
Victims of road accidents in VIC are entitled to compensation through the Transport Accident Commission (TAC). If you suffer a ‘serious injury’ as defined by TAC in an accident for which someone else is at fault, you can lodge a claim for common law damages.
Accidents involving semi-trailers and other heavy vehicles carry a high risk of serious injury and death. Common law personal injury damages may be available if you were seriously injured and the truck driver and/or another party was at fault for the crash.
In collisions between motorcycles and other vehicles, motorcyclists and their passengers are at a serious disadvantage. You can pursue compensation for common law damages if you suffered severe injury or a member of your family died as a result of negligence.
Pedestrians are entitled to TAC compensation if they are injured in a transport accident. If the injury is serious or the pedestrian is killed and a motorist or other party is at fault, a claim can be lodged for common law personal injury compensation.
Cyclists are also entitled to TAC compensation if they suffer injury in a transport accident. Serious injury is very likely in collisions between bicycles and motor vehicles. In these cases, bicyclists can pursue common law damages if someone else is at fault.
Accidents involving public transport may be covered by the TAC or the Wrongs Act 1958 (Victoria’s common law personal injury legislation). Both serious injury and the fault of another party must be established to maximise your compensation under either scheme.
WorkCover is the workers’ compensation scheme in Victoria. Some workers are entitled to make a common law application if (a) the work-related injury or illness qualifies as ‘serious’ and (b) someone other than the worker was at fault for the work injury.
Read More: Can I Sue for a Work-Related Injury?
Public liability law deals with injuries sustained in public spaces due to dangerous conditions. These claims come in many different forms, all governed by the Wrongs Act 1958. You will need to prove fault and that you sustained a ‘significant injury’.
Slips, trips and falls are among the most common public accidents. In addition to compensation for economic loss, you may be entitled to common law personal injury damages if you can prove that you were seriously injured and another party was at fault.
Passengers who are seriously injured aboard a boat can seek common law damages through a public liability claim, while workers injured in a boat accident related to their employment have recourse through WorkCover. The fault of another party must be established.
Product defects and failures can have devastating consequences on one’s health and well-being. Henry Carus + Associates can seek compensation for damages if a faulty product causes you injury. The manufacturer, distributor and other parties may be held liable.
Common Personal Injuries That Can Result In Personal Injury Claims
Car accidents, workplace incidents and other types of accidents result in a range of injuries. Some accidental injuries cause lifelong impairment, while many others limit a victim’s mobility during an extended recovery period. In addition, personal injuries frequently entail significant physical pain and emotional suffering.
Some examples of personal injuries commonly sustained in accidents include:
- Traumatic brain injuries
- Spinal cord injuries that result in paralysis (quadriplegia/tetraplegia and paraplegia)
- Bone fractures
- Burns, including severe burns that require skin grafts and leave disfiguring scars
- Back and neck injuries, including broken vertebrae, slipped discs, muscle strains, and torn tendons and ligaments
- Foot, ankle and knee injuries that limit mobility
- Shoulder, elbow, wrist and hand injuries
- Internal injuries and hemorrhage
- Nerve damage that causes chronic pain
- Limb loss (amputation)
- Pain, suffering and emotional distress
How Personal Injury Claims Work In Victoria
Personal injury claims work differently based on the type of accident that caused the injuries. Victorian legislation has established special programs to address road accidents and workplace injuries. Victims of other types of accidents may pursue compensation through claims against the parties responsible for their injuries – or, as is usually the case, against the responsible party’s insurer.
Victoria’s Transport Accident Commission (TAC) is responsible for handling personal injury claims related to road accidents in the state. Individuals injured in road accidents are typically entitled to no-fault benefits from the TAC.
If the injuries are deemed “serious” and someone else was to blame for the crash, an injured party may also be able to recover broader compensation through a common-law claim.
Similarly, WorkSafe Victoria administers claims for compensation related to injuries suffered in the workplace. Workers who get hurt on the job in Victoria are usually entitled to no-fault WorkCover benefits. If someone else’s negligence played a role in the accident, the injured worker may be able to seek additional compensation through a common-law claim.
Other types of accidents that occur in public places may entitle the injured person to bring a public liability claim against whoever was responsible for the accident. In most cases, the liable party’s insurer pays the victim’s claim.
Can You Sue for Personal Injury in Victoria?
There are a number of different factors a Melbourne personal injury lawyer will consider when analysing your claim. In all situations where a personal injury lawsuit can be filed, the claimant must prove that someone else is at fault.
Compelling evidence is needed to prove negligence on the part of an individual, company or other party. At Henry Carus + Associates, our personal injury lawyers will thoroughly investigate the accident that led to your injuries and collect evidence on your behalf. This may include:
- Photos of the scene of the accident
- Eyewitness statements
- Video footage (if available)
- Accident reports prepared by investigating authorities (such as the police, WorkSafe, etc.)
- Copies of your medical records
- Documentation of any economic damages, such as medical bills, lost wages and out-of-pocket expenses
- Documentation of any non-economic damages (pain and suffering, loss of amenities of life and loss of enjoyment of life)
Your right to sue also depends on how you were injured and the severity of your injuries. As mentioned above, you must have sustained a serious injury to lodge a common law personal injury claim under Victoria’s TAC or WorkCover schemes. The applicable definition of ‘serious injury’ can be found in the following statutes:
- Transport Accident Act 1986 S. 93(17) defines ‘serious injury’ as follows in relation to road accidents:
- ‘(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.’
- Workplace Injury Rehabilitation and Compensation Act 2013 Section 335(1) provides the following definition of ‘serious injury’ as it relates to work injury claims:
- ‘(a) permanent serious impairment or loss of a body function; or
- ‘(b) permanent serious disfigurement; or
- ‘(c) permanent severe mental or permanent severe behavioural disturbance or disorder; or
- ‘(d) loss of a foetus.’
Other personal injury claims in Victoria (such as medical negligence and public liability matters) are governed by the Wrongs Act 1958. Under the Wrongs Act, you can lodge a claim for economic damages regardless of the seriousness of your injuries. However, to sue for non-economic loss, you will need to prove that your injury satisfies the definition of ‘significant injury’ found in the Wrongs Act 1958 s. 28LF.
Benefits Available For Personal Injuries
The amount of money you may recover will be affected by factors such as what type of accident caused your personal injuries, the severity of your personal injuries, your lost time from work and whether someone else was to blame for the accident.
Working with experienced personal injury lawyers like the legal team at Henry Carus + Associates in Melbourne can significantly improve your chances of securing the full compensation payouts for injuries you deserve from all available sources.
In general, some examples of the kinds of benefits you may be able to receive for your accidental personal injuries include:
- Payment of hospital bills and other medical expenses, including future costs
- Payment of reasonable rehabilitation costs related to the injuries from the accident
- Payment of the cost to get help to assist you with tasks at home that you are unable to perform because of your injuries
- Replacement of lost earnings caused by the inability to work while recovering from your injuries
- Lump-sum benefits if your accident-related injuries caused permanent impairment
- Compensation for the pain, suffering and loss of enjoyment of life you suffered as a result of the accident
How A Melbourne Personal Injury Lawyer Can Help You Get Full Compensation
Many injured people in Victoria fail to recover all of the money and benefits they deserve after an accident. The reason for this is simple – the legislation regarding the TAC, WorkCover and other insurance schemes is quite complex. It can be difficult to get your head around the multiple layers of information about the right to compensation for personal injuries suffered in an accident.
Personal injury solicitors who are familiar with Victorian legislation and who on a daily basis help to navigate clients through the system have an advantage. They know how the system works and what steps are necessary to ensure victims get everything they deserve.
An experienced injury lawyer like those at Henry Carus + Associates will also be prepared to pursue a personal injury claim in court if that is what is necessary to get a fair recovery. Our compensation solicitors are dedicated to doing whatever is necessary to maximise our clients’ compensation claim.
Indeed, at Henry Carus + Associates, 98% of our clients win their injury cases, with some getting up to five times their initial offer.
For example, we took on a public accident case that was about to be settled for $40,000. Believing this not to be an adequate compensation amount, we worked hard on the case for a year and secured our client a massive $400,000 in compensation.
Another success story involved a TAC claim in which our client had been denied compensation on her common-law claim because the TAC argued that no vehicle had been involved in the accident. Our team produced evidence that a car was indeed involved, and the TAC’s offer went from nothing to $200,000, plus payment of legal costs.
When it comes to personal injury claims, we handle cases on a No Win No Fee lawyer basis, so you can entrust your personal injury claim to Henry Carus & Associates without financial risk.
What Is the Average Payout for a Personal Injury Claim in Victoria?
It is impossible to say with any degree of certainty how much a personal injury claim may be worth without first reviewing the facts. As such, the ‘average’ payout for personal injury is far less important than what you deserve for your injuries and damages.
Each personal injury claim is unique. At Henry Carus + Associates, our Melbourne personal injury lawyers will explore and aggressively pursue all available avenues for recovering fair compensation. Our in-depth knowledge of compensation law frequently enables us to identify additional claims and novel legal strategies that larger law firms overlook.
You may be entitled to the following compensation in a personal injury claim:
- Medical costs to date
- Future medical expenses
- Prior loss of earnings
- Loss of earning capacity (i.e., the income you will lose in future if you are unable to work)
- The cost of attendant care services
- Pain and suffering
- Loss of enjoyment of life
- Loss of amenities of life
- Compensation for dependants
It is important to be aware of the caps on common law personal injury damages imposed by Victoria’s compensation schemes. The TAC common law compensation caps as of 1 July 2022 are:
- $1,331,890 max for pecuniary damages (loss of past and future earnings)
- $591,910 max for pain and suffering
Maximum common law payments under WorkCover vary depending on when the work injury occurred and the legislation that applies to the worker’s claim. As of 2022, common law damages for work injuries occurring on or after 1 July 2014 are capped as follows:
- Workplace Injury Rehabilitation and Compensation Act 2013
- $1,518,180 max for pecuniary damages
- $660,970 max for pain and suffering
- Accident Compensation Act 1985
- $1,699,210 max for pecuniary damages
- $612,190 for pain and suffering
The Wrongs Act 1958 does not impose a maximum dollar amount for pecuniary damages. Rather, loss of earnings damages are limited to ‘3 times the amount of average weekly earnings at the date of the award’ (see Wrongs Act 1958 s. 28F(2)). The maximum damages for non-economic loss, meanwhile, are $577,050 (see Wrongs Act 1958 s. 28G).
Personal injury law is complicated. Most people are unaware of their rights under Victoria’s compensation schemes (TAC and WorkCover), not to mention their right to common law personal injury damages.
Under the guidance of our principal personal injury solicitor Henry Carus, our team has many years of combined legal experience gained in Australia and overseas. Our experience with personal injury claims is second to none, and the outcomes we achieve for our clients frequently exceed what other firms are able to achieve.
You are more than your injury. You are someone’s loved one, and you deserve quality legal guidance that can help you and your family recover from an injury or accident that was not your fault.
To put it simply, You Deserve More. Henry Carus + Associates are dedicated to maximising compensation for your personal injury.
For a FREE, no-obligation, consultation, please call 03 9001 1318 to speak to a Melbourne personal injury lawyer. At Henry Carus + Associates, we serve clients in Altona, Box Hill, Brighton, Malvern, Dandenong, Sunshine and all of VIC.