Being injured in a car accident can turn life upside down, from dealing with pain and recovery to navigating time off work and mounting expenses. If the accident happened in Queensland, you might be eligible for compensation under the Compulsory Third Party (CTP) insurance scheme, which is there to help ease the pressure and support your recovery.
Understanding what you’re entitled to can make a big difference while you focus on getting better. In this article, we break down the key types of compensation you may be able to claim, and explain how our friendly team of personal injury lawyers in Redcliffe can support you every step of the way, making sure your rights are protected and your questions answered.
- Medical Expenses
You may be able to claim compensation for:
- Hospital and emergency care
- General practitioner visits
- Specialist consultations
- Diagnostic tests (X-rays, MRIs, etc.)
- Prescription medications
- Rehabilitation and physiotherapy
- Psychological support or counselling
The Scheme requires the insurer to fund the injured person’s “reasonable and appropriate rehabilitation treatment” as the claim progresses. As such, upfront expenses can be reimbursed and/or directly paid by the insurer to ease the financial burden on the injured person whilst they recover.
- Loss of Income
If your injuries prevent you from working, either temporarily or permanently, you may be eligible to claim:
- Lost wages since the date of the accident
- Future loss of earning capacity
- Loss of superannuation contributions
Generally in terms of the past loss of income, an assessment is made of the average weekly income the injured person was earning in the lead up to the accident and then claiming an amount based upon the number of weeks of lost income suffered by the person or alternatively the difference in income that the person actually earned versus what it would have been anticipated they would have earned but for the accident occurring.
A similar assessment is made for future economic loss with the intention being for the persons loss of earning capacity in the future to be claimed. That is an exercise in obtaining evidence as to how a person’s injuries will impact upon their ability to work and generate an income into the future.
- Pain and Suffering (General Damages)
You may be entitled to compensation for:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or scarring
Unless one of the exceptions applies, General Damages are assessed in accordance with the Civil Liability Regulation 2014 in which injuries are ascribed an “Injury Scale Value (ISV)” which converts to a dollar amount dependent upon the date of injury.
- Care and Assistance
If you require help around the home or with personal care after the accident, you may claim for:
- Gratuitous care and assistance
- Paid professional assistance
Note: There are legal thresholds and conditions that apply to gratuitous care claims in Queensland.
In short, to be able to make a claim for the gratuitous care and assistance provided by friends and family following an accident, you must meet a threshold of having needed at least 6 hours per week care for at least 6 months following the accident. Should that threshold be met, the value of such care at a professional hourly rate is claimable despite the assistance being provided gratuitously by family and friends.
In relation to paid professional assistance, the cost of nursing care, cleaning assistance and lawn and garden maintenance assistance is claimable at the rates incurred and paid to such providers.
- Out-of-Pocket Expenses
You can also claim other expenses incurred as a result of the accident, such as:
- Travel costs to medical appointments
- Equipment or home modifications
- Medication or assistive devices
It is important that claims for such expenses are made both for what is incurred from the date of the accident up to the finalisation of the claim but also an assessment made for what the future cost of such expenses will be through to life expectancy. The future cost of such expenses can be a significant addition to the claim.
Every car accident claim is unique, and at Crew Legal, we take the time to understand your individual situation. One of our experienced car accident lawyers can sit down with you, explain your options clearly, and help you seek the full compensation you’re entitled to. Your first consultation is completely free, with no pressure or obligation. If you decide to proceed, we work on a ‘No Win, No Fee’ basis, so you won’t pay any legal fees unless your claim is successful.
We want to hear your story. Book your free consultation with us today.
