If you have been injured in a car accident, motor cycle accident, trucking accident, tram accident, bicycle accident or as a pedestrian, you may be entitled to claim accident compensation for your injuries under the Motor Accident Insurance Act 1994 (also known as the “MAIA”).
The Personal Injury Lawyers handle all motor accident claims, from whiplash injuries to catostrophic injuries such as amputation injuries, internal injuries, serious head trauma resulting in brain injury, paraplegia, quadraplegia and tetraplegia cases.
People sometimes think that because they have suffered a simple whiplash injury in an accident, which seems to improve in the weeks or months following the accident, it is not worthwhile making a claim or there is no need for a claim to be made.
Even "minor" injuries can become debilitating
Unfortunately, what often appears to be a minor injury following an accident, can end up being quite a debilitating injury over time. For example, whiplash injuries to the cervical spine (neck) can end up resulting in recurrent headaches, migraines, and muscle spasms and ongoing pain and restriction in the neck, upper back, shoulders and arms. Similarly, a whiplash or jarring injury to the back can result in long-term lower back issues over time, causing problems with sitting, standing or walking for extended periods and ongoing back pain and stiffness.
Sometimes, the full extent of an injury does not come to light until many months or even years after the accident and can deteriorate over time. This can be very debilitating on every day functioning and employment. It is therefore important that you take steps to investigate and protect yourself if you have suffered any motor accident injury, even if you consider it to be a simple or minor injury, as this may not be the case in the future, and remember, time limits do apply to your motor accident claim. If you leave it too late, you may no longer have a right to make a claim.
What sort of compensation are you entitled to?
If you do have a motor accident claim, injury compensation which you may be entitled to claim includes:
- Compensationi for pain and suffering and loss of your amenities of life;
- Loss of wages or business profits (including loss of past and future income and loss of superannuation payments);
- Medical and rehabilitation expenses that you have incurred and are likely to incur in the future;
- Care costs (including past and future care);
- Out of pocket expenses;
- Funding for rehabilitation and medical treatment as well as medical aids (eg. physiotherapy treatment, medications expenses, counselling treatment, crutches, ergonomic devices etc.) whilst you are waiting for your claim to finalise;
- You may be entitled to an advance payment on damages to assist you financially whilst you are waiting for your motor accident claim to finalise;
- If your motor vehicle accident injury occurred on your way to or from work, during a work break, or during the course of your work, you are most likely entitled to claim workers' compensation benefits (or Workcover Statutory Benefitsi as they are also known), whilst you are recovering from your accident injuries. For more information on what such benefits mean to you, click on the term workers' compensation benefits.
How much compensation will you receive ?
Injuries affect everyone in different ways. A minor injury to some, may impact on another person to a much greater extent. The purpose of compensation is to compensate an injured party for the loss and damage they suffer as a consequence of the injury. The more the injury or injuries impact upon your pre-accident lifestyle and employment, the more compensation you will receive.
Because of the subjective nature of compensation payments for personal injury claims in Queensland, it is not possible to state a specific compensation amount for a certain injury. It will depend on what loss and damage is suffered because of that injury.
Some of the more dominant factors that impact upon compensation payments are the extent of the injury sustained as well as age, occupation, recreational interests and health of the injured party at the time of the accident occurring.
To give you an idea however of what types of compensation payments are being made in Queensland for motor accident claims, we have obtained the following data from the Motor Accident Insurance Commission (otherwise known as MAIC), the body that regulates Compulsory Third Party insurance claims in Queensland:-
- There were 7848 motor accident claims in Qld in 2013;
- The average compensation payment for minor injuries was $67,818;
- The average compensaton payment for more serious injuries was $300,490.
Note that these are average payments only and every case is different. For example, The Personal Injury Lawyers case summary database provides the case where a 42 year old woman, sales consultant, who suffered a whiplash injury to her cervical spine achieved compensation of $400,000 because of the impact the injury had on her pre-injury lifestyle and employment, despite her whiplash injury being described by doctors as a "minor" injury. And in the case of Austin v Parmalat Australia Ltd (2013)QSC 227, Mr Austin sustained a minor head injury however, the impact of the injury upon Mr Austin’s employment and occupation as a truck driver was such that he was awarded damages of $1.052 million dollars for his claim.
Of course, in cases of very serious injury and catastrophic injuries such as brain injury, paraplegia or amputation for example, compensation will be much higher than the figures discussed above, most likely resulting in compensation payments involving multi-milliions of dollars. An example of this is the catastrophic injury case of Susan Delaney, who sustained extreme head injuries in a motorcycle accident leaving her in a vegetative state, resulting in a damages payment of over $9,000,000 by the insurer AAMI (Delaney v AAMI (2013) QSC).
Precise legal processes must be followed to protect your claim
Strict time limits apply to all claims
Under the law that regulates motor accident injury claims in Queensland, STRICT TIME LIMITS APPLY in relation to placing the CTP Insurer on notice of your claim and for pursuing Common Law Damages. If you fail to comply with such time constraints, it may very well result in you not being able to proceed with your claim. You should contact The Personal Injury Lawyers to see what compensation rights you do have in relation to your injury and how to protect such rights.
For FREE LEGAL ADVICE* concerning whether you have a claim to pursue, contact our personal injury solicitors at The Personal Injury Lawyers on 1300 782 202 (available outside normal business hours) or submit this Free Appraisal Form.
If you would simply like to know more about motor accident claims, you can request one of our Claim Information Packs which will provide you with more information about your claim and what steps you need to take to protect and pursue your motor accident claim, by submitting your Request for Claim Information Pack. (available outside normal business hours) or submit this Free Appraisal Form.