A Q&A Guide to Car Accident Injury Compensation

One of the most devastating things that can happen to any person is a car accident. Not only can it cause grievous injury, but it can also ruin a person financially whether they were at fault or not. 

If you or someone close to you has been injured in a motor vehicle accident, you might be looking at your options for injury compensation. It is important to understand, however, that every incident is different and has its own set of circumstances and factors. As such, the payout for each incident is unique.

It can be difficult to determine whether your settlement offer is fair or not, so we’ve created this guide to help you with your needs. Here are some answers to the questions you might have about motor vehicle accident injury compensation:

What determines how much my payout is?

The circumstances surrounding every accident are different. A few of the things taken into consideration when calculating how much money should be paid to an injured party are the circumstances of the accident, the resulting medical and financial losses, and the complications the injury might lead to in the future. It includes but is not limited to the following:

  • Pain and suffering
  • Lost wages
  • Future financial losses from healthcare needs resulting from the accident
  • Past gratuitous services 
  • Medical expenses

The payout should cover the money you lost dealing with the injury, including the money you spent, the potential income you lost, and whatever amount you are likely to spend in the future on paying for the injuries. It should also cover the extent to which your income has been limited by the accident. 

The compensation for a loss of quality life, such as pain and suffering is referred to as “general damages.” It should be noted that not all injuries are severe enough to warrant compensation, as general damage.

The way this is determined is by working out the extent of the damage of your injuries through the Injury Scale Value (ISV) (Civil Liability Regulation 2014). The ISV uses a point value system between 0 and 100, where 0 represents an injury not severe enough to warrant a general damages award and 100 represents the most serious injury possible.

Your ISV score is calculated by medical and legal professions who refer to specific sections of the Regulation which assist in specifying the ISV points and its associated dollar value. For more general information regarding this topic, visit the page: https://maic.qld.gov.au/for-injured-people/what-you-can-claim/ 

Depending on the nature of your injuries and other various complications, the payout may occasionally stray from your calculated figures. When determining your payout, it is important to seek help from a professional. Our team of motor vehicle accident lawyers can assist you in determining your ISV, provide you legal representation and most importantly help you get the most out of your claim.

Who is going to pay for the claims for my injuries?

All motor vehicle owners in Queensland are required to take out compulsory third-party (CTP) insurance against liability for death or personal injury of others as it relates to accidents involving motor vehicles. This insurance is normally paid for when the owner renews their vehicle’s registration.

As such, the payout will be made by this third-party insurance entity. However, before this payout is made, the burden of proof is on the injured to prove that they were not at fault for the accident and that it was caused by someone for whatever reason. 

When can I file motor vehicle accident injury claims?

The time limit for making claims for personal injuries resulting from car accidents is three years. If a claim is not made within three years, you may lose all rights to a payout. As such, one of the most important things to do in the event of a motor vehicle accident is to consult a lawyer about your options. For more information about time limits for a claim caused by a car accident, check out our article here.

Conclusion

Injuries from car accidents, no matter how seemingly small, can have unseen effects over the course of time. In the event of a motor vehicle accident claim, it is important to have the knowledge and aid of a professional so that you can navigate the legal system better and increase your chances of a higher payout.

If you’re looking for someone to help you with motor vehicle accident injury claims in Queensland, send us at Seymour Furlong a message. We have the expertise needed to help our clients in this difficult time in their lives.