The consequences that can accompany an accident on NSW’s roads was seen recently in a case before the District Court. In the dispute, a woman was awarded $746,165 for injuries sustained as a result of a serious vehicle accident.
The woman suffered a range of injuries 10 years ago, after the stationary vehicle she was in was struck from behind. The force of the impact caused her car to collide with the one in front of hers and the woman experienced significant physical trauma.
At issue in the case was whether the woman’s pre-existing medical conditions might have affected the severity of her injuries in the accident. Prior to the collision, the woman had suffered a number of specific health concerns, however the Court was satisfied that these had played no role in her injuries in this case.
The Court also provided judgment on a further issue – namely the conflicting medical advice provided by subsequent medical inspections conducted by doctors and specialists in the years since then.
In the presence of this conflicting advice, the Judge relied on the consistency of the complaints and the unchallenged elements of this evidence to reach a conclusion on the long-term health impact of the accident.
For others who have been involved in an accident, the case underscores just how important it is to have a comprehensive account of the injuries they sustain from an accident before making a claim for compensation. In this case, the woman’s ongoing medical treatment provided a major pillar of her argument, as did the evidence from earlier treatment.
To learn more about making a claim for compensation following a motor vehicle injuries and accident, make sure to consult with specialist compensation lawyers at PK Simpson.
A: If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
A: Motor accident compensation claims are normally finalised after you’ve recovered, or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.
A: In a carpark, anyone driving in the lanes has the right of way, so if you’re the one pulling out of the car space and hit another motor vehicle, you are likely to be the majority at fault in the accident. However, since both cars are moving, both drivers might hold some responsibility. But if you hit a parked car, you are likely at fault.
A: When lodging a claim for compensation after a motor vehicle accident it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within six months of the crash.
A: The length of time you have to make your claim depends on the jurisdiction.
TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
A: At PK Simpson compensation lawyers we operate on a no-win, no-fee basis. However, for detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW click on this link.