Superannuation TPD Claims Victoria

A person can generally make a claim from the TAC if they are injured in a motor vehicle accident, due to the driving, or in certain circumstances, the use of, a motor vehicle. The definition of “motor vehicle” is quite broad, and can include a variety of transport, such as cars, trains, buses and even some industrial vehicles.

There are some exceptions to this, such as unregistered vehicles being driven off road, or lighter motorised transport such as mobility scooters, though advice should be sought from your solicitor at Arnold Dallas McPherson if any vehicle has been involved in your injury.

In order to make a claim from the TAC, you should call the TAC directly on 1300 654 329. You will then speak to a person there who will complete a claim form for you.

You have one year to lodge a TAC claim after your motor vehicle accident. There are certain circumstances in which this can be extended, however the safest course is to call the TAC and begin the claims process within one year of the date of your accident.

The circumstances in which this period can be extended are complicated and if you are beyond the one-year period, you should contact us as soon as possible for advice.

Loss of Earnings/Income replacement
A weekly wage calculated on what you were earning prior to injury is payable.

There are different rules that apply to the rates of pay that are payable and for the length of time that you can receive payments after injury. Complicating factors, such as sporadic or self-employment, or multiple jobs can make this calculation difficult.

TAC do not always get this calculation right. Your lawyer will be able to advise you in relation to such payments as they apply to you personally.

Medical Expenses
Medical expenses and other similar costs that you may have are paid by TAC following injury. This can extend to a range of assistance, including gardening, home and car modifications, aids and appliances.

Lump Sum Compensation and Damages
If your injury is significant and permanent TAC may pay a lump sum of compensation to you.

You may be entitled to an Impairment claim and, if you have a ‘serious injury’ and someone else is at fault, a common law damages claim for pain and suffering and loss of income.

Your lawyer can help you with these benefits.

If you have a long term injury you may have a Permanent Impairment. What level of Impairment you have directly correlates to how much compensation you are entitled to.

Firstly, you must wait at least 12 months after your injury to see what Impairment you may have. This is to allow you to stabilise from your injuries.

Once you have stabilised from your injuries, your lawyer at Arnold Dallas McPherson in concert with the TAC will arrange for assessment of your Impairment in accordance with specific Guidelines.

Arnold Dallas McPherson are experts in advising as to appropriate Impairment ratings taking into account the symptoms and treatment a client has had and how the Guidelines relate to them. We strongly recommend you seek advice of experts in this area when pursuing an Impairment Claim.

If you have a “serious injury” then yes, you can.

Where injuries are long term and serious you can make a claim for loss of income and pain and suffering damages. But you must be able to prove that your injury was someone else’s fault, either the other driver or someone else.

You need Specialist legal advice to pursue a claim against someone for damages. Arnold Dallas McPherson can advise you of your chances of making a successful claim and guide you through the process.

It is difficult to know exactly what a person is entitled to in terms of damages until their case has been explored thoroughly.

Arnold Dallas McPherson is comprised by experienced solicitors who understand how damages are calculated in any given circumstance and will be able to advise you as your case progresses. Many of the solicitors at Arnold Dallas McPherson are Personal Injury Specialists, accredited by the Law Institute of Victoria.

Pain and suffering damages are calculated based upon the effects of your injuries on you as an individual. They depend on how any given injury, or injuries, affect your day-to-day life, home duties, hobbies, recreational activities, pain levels, sleep, mood and various other facets of your life.

How the injury affects you is the key factor.

Loss of income damages can be for your past loss of earnings and also sometimes for your future loss of earning capacity. This can be a wide ranging calculation depending on your age, education, skills, training and experience in the workforce, when looked at in the context of your injuries suffered and your resultant disability.

It will depend significantly on your personal circumstances as to what you might be entitled to.

Again, how the injury affects you is the key factor in this calculation.

At various stages throughout a claim, the TAC may make a decision in relation to your entitlements that you do not agree with. At that stage, it is extremely important that you obtain legal advice regarding your options as soon as possible.

You only have one year to dispute any decision made by the TAC. This is a very strict time limit and it is not able to be extended.

Once you have a dispute with the TAC, however, there is a protocol process between the TAC and solicitors acting for injured persons that allows most matters to be resolved.

Depending on the nature of the matter, if agreement cannot be reached with the TAC, the matter can be referred to VCAT or in some instances a Court to resolve.

Even what you might consider relatively minor issues should be queried with your solicitor at Arnold Dallas McPherson as early as possible so as to ensure your rights are protected.