Road Accidents
Common Law Claims
If your accident is in part the fault of someone else, you may be able to sue for damages in a Common Law negligence claim.
A claim for damages can include compensation for:
- pain and suffering & loss of enjoyment of life;
- past loss of earnings; and
- loss of future wages.
To sue for damages, you must have a ‘serious injury’. If you have a permanent impairment of 30% or more, you automatically have a serious injury. If your impairment is less than 30%, you may still be considered to have a ‘serious injury’. Most ‘serious injury’ certificates we obtain are for clients with less than 30% impairment.
After you have been found to have a ‘serious injury’, court proceedings may then be commenced. Strict time limits apply. You generally have six years from the date of the accident to start court proceedings, although there are exceptions. We recommend that you contact us to discuss your claim as soon as possible.
As at July 2009, the maximum amount you can claim in a Common Law claim was $1,464,020.