If you’re seriously injured in a motor vehicle accident in Victoria that wasn’t your fault, you may be able to claim a TAC serious injury (common law) payout. Learning about TAC serious injury payout examples can help you get an idea of how much you could claim.
Many serious injury claims settle for hundreds of thousands of dollars, with the most severe claims (such as serious traumatic brain and spinal injuries) averaging $2.2M* However, if you have serious injuries that are not assessed correctly, you could miss out on compensation you’re entitled to. In other words, if you get an incorrect assessment or fail to submit strong evidence to support your TAC claim, you could miss out on a significant lump sum.
This comprehensive guide explains TAC payout amounts, provides real settlement examples, and shows you how to maximize your claim.
* https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do as of March 2026.
In our experience, most TAC payouts for serious injury claims are in the hundreds of thousands of dollars. Here’s a quick summary of key facts:
Our TAC lawyers have extensive experience with serious injury claims. In this guide, we explain in simple terms what benefits and lump sums may be available to you, to give you a better indication of the average TAC payout that applies to your situation. We’ve also included an example of a TAC claim amount and information on how to get help with your claim.
*These amounts were updated March 2026 – source: https://www.tac.vic.gov.au/clients/how-we-can-help/compensation/common-law-compensation/cl-faqs
**https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do as of March 2026.
Serious injury payouts can run into millions of dollars. To get a better understanding of how much you can claim, here are the three main injury categories – you can click on the links if you want to jump straight to the relevant sections of this article.
Note: WPI stands for whole person impairment – a scale used to measure the severity of your injuries.
These are relatively minor injuries such as whiplash, where you’re expected to recover relatively quickly. Learn what you can claim in the next section of this article.
In this category, there’s an additional lump sum impairment benefit you can claim – this is covered in this section of the article.
If you have a serious injury and you can prove someone else was at fault, you can make a common law lump sum claim. These serious injury claims can be substantial, so your injuries must be assessed correctly to ensure you receive the full TAC payout you’re entitled to. You also need to make sure you have the right TAC lawyer on your side for these claims. Learn more in this section of the article.
A specialist lawyer will review your circumstances and tell you how much you can claim.
Grace was a passenger in her friend’s car on their way to a soccer game when they were T-boned at an intersection. The driver who hit them had been looking at his phone and hadn’t noticed the oncoming car. While Grace’s friend was luckily uninjured, the other car hit the passenger door, which crumpled and crushed Grace’s left arm.
Grace is left-handed, and the injury damaged her elbow and shoulder, making it difficult to write, pick up her toddler, or even carry things at the grocery store. She was initially assessed as only having 6% whole person impairment (WPI), which was far from the 30% required to receive a lump sum (common law claim) payout, so she didn’t think she was eligible. She also lives in Brisbane, so she wasn’t sure if she could claim with the TAC.
“Speaking to a lawyer was the best decision I ever made,” she says. “Law Partners just made the whole process so easy, I don’t think anyone could have gotten me a better result.” Despite the initial assessment of her injuries being only 6% impairment, we successfully disputed the TAC’s decision to get the injury classified as ‘serious’. This meant that she was able to go on to claim for pain and suffering, and her economic losses while she couldn’t work, as well as having her treatment costs covered. Grace’s final settlement amounted to $230,000.
Grace’s Case at a Glance:
The difference? Over $200,000 in additional compensation for pain and suffering. Without specialist legal representation, Grace would have missed out on the lump sum she was entitled to. Our TAC lawyers successfully gathered the right medical evidence and proved her injuries met the serious injury threshold – transforming her claim from basic weekly benefits to a settlement that properly compensated her for pain and suffering.
If you think your injuries have been incorrectly assessed, call 0292644474 and get free advice from one of our specialist TAC lawyers.
Listen to the full episode here.
TAC payments for minor injuries are for medical expenses and lost wages only. Total payments for many claims fall into the $5k to $30k range.
Regardless of whether you were at fault, you’re eligible for weekly benefits that will cover:
If you have a permanent physical or psychological injury assessed at 11% or more WPI, you can claim an additional impairment benefit on top of your weekly benefits. This is a lump sum amount that ranges from $9,580 to $437,830*, depending on the severity of your injuries. So the average TAC payout for these claims is much higher than the overall average.
*Updated March 2026
Payouts for serious injuries in Victoria are significantly higher than the overall average of $36k. For example, the average TAC payout for a serious injury such as a traumatic brain or spinal injury is $2.25 million*. This is because if you have a serious injury and someone else was at fault in your accident, you may be able to make a common law claim for a lump sum. Read on to learn more about common law claims.
* https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do as of March 2026.
The TAC defines a serious injury as a single significant motor accident injury or a combination of injuries that contribute to an impairment of 30% or more. The assessment considers both your injuries and the overall impact of the accident on your life.
To make any common law lump sum claim, you’ll need to either:
If the TAC doesn’t grant you a SIC, then you can apply to the County Court for permission to bring a common law claim anyway. If you’ve suffered a serious injury due to someone else’s negligence, then you can claim a lump sum.
There are two lump sums you can claim:
Pain and suffering claims provide a lump sum for the impact of your injuries on your life. These TAC lump sum payouts can be substantial, with most in the hundreds of thousands of dollars.
Your pain and suffering lump sum is assessed based on the impact of your injuries on your domestic, social, and recreational life, as well as your ability to perform activities of daily living. Your lump sum depends on the severity of your injuries and the impact on your life compared to the most serious cases.
You’ll be awarded a percentage of the maximum amount payable, which is indexed annually. The current maximum is $680,160*.
Here are some examples to help you understand how pain and suffering payouts work (updated March 2026):
| Example | Estimated pain and suffering payout range |
| Serious spinal injuries that don’t require surgery but have a serious impact on day-to-day life, pain, and mobility | $150,000-$250,000 |
| Serious shoulder injuries requiring surgery and/or reconstructions with ongoing pain, and difficulty with mobility | $200,000-$250,000 |
| Serious spinal injuries resulting in surgery with ongoing pain and lifestyle limitations | $250,000-$400,000 |
| Catastrophic injuries, including paralysis, amputation, or brain injury | $500,000- $680,160 |
These damages are paid in addition to any claim for economic loss.
The second common law lump sum you can claim is for pecuniary losses, to compensate you for any economic loss that your injury causes. This might be because you can’t return to work the way you used to, ongoing medical costs, or expenses that you’ve already paid for related to your injuries.
The amount you can claim for economic losses is calculated based on several key factors:
For example, a 35-year-old tradesperson earning $80,000 per year who can no longer work due to a serious back injury might claim significant future economic loss. This would factor in approximately 30 years of lost earnings, superannuation, and the difference between their pre-injury earning capacity and any reduced capacity they now have. Their economic loss claim could exceed $1 million.
The TAC provides this table to give you a brief overview of what you may be able to claim:
| Common Law Claim | Amount* |
| Threshold (minimum amount) | $67,980 |
| Maximum Pecuniary Loss (loss of past and/or future earnings) | $1,530,470 |
| Maximum Pain and Suffering | $680,160 |
*Updated March 2026
If you’d like to find out what can claim, you can call 131515 and get free legal advice from one of our specialist TAC lawyers. Law Partners has specialist car accident lawyers based in Melbourne, ready to help.
Listen to the full episode here.
In the following sections, we’ll take you through the key steps in the serious injury / common law claim process.
You need to prove that another driver was ‘mostly’ at fault for the accident to qualify for a common law claim. So if it’s not entirely clear who was at fault, you’ll need strong evidence to support your claim. Here are the three key steps to proving fault:
Collect all available evidence from the accident scene, including police reports, witness statements, photographs of the scene and vehicle damage, dashcam footage, and any traffic camera recordings. Medical records documenting your injuries immediately after the accident are also crucial.
Establish how the other driver breached their duty of care—for example, by running a red light, speeding, driving while distracted, or failing to give way. This might include phone records showing mobile phone use, expert accident reconstruction reports, or testimony about road rule violations.
Demonstrate the direct link between the other driver’s actions and your injuries. This means showing that your injuries were a direct result of the accident caused by the other driver’s negligence, not from any other cause or pre-existing condition.
Having one of our specialist TAC claim lawyers on your side will give you the best chance of success, as your legal team will compile and submit all the evidence needed to support your claim. Call 0292644474 to speak to one of our Melbourne car accident lawyers and get free legal advice on your claim.
Everything to do with processing your claim is handled by the TAC, including investigating your circumstances, issuing Serious Injury Certificates (SICs), and approving or denying your claim. But they won’t help you maximise your claim. They’ll assess your case using lawyers, medico-legal specialists, and other experts.
This is why you need a strong legal team on your side – to build strong evidence and manage your claim for you, to ensure you receive your full entitlements.
The average settlement period is 12 months. Everything will be reviewed thoroughly to determine the final details of what you’ll be awarded. In a straightforward case, this can take as little as six months from when your injuries stabilise, but it can stretch to two or more years in more complicated cases.
Serious injuries that qualify for TAC common law payouts include traumatic brain injuries, spinal cord injuries, amputations, severe burns, and severe psychological conditions that result in 30% or more whole person impairment, or which satisfy the narrative test for serious injury. These injuries must significantly impact your daily life and ability to work, and you’ll need medical evidence to support your claim.
The average TAC payout for serious injuries like traumatic brain or spinal injuries is $2.25 million, though individual payouts vary significantly based on your specific circumstances. Your compensation depends on factors including your age, pre-injury earnings, the severity of your injuries, ongoing medical needs, and how the accident has affected your life and future earning capacity.
To claim a common law lump sum payout, you need to prove that another driver was ‘mostly’ at fault for the accident—you don’t need to be completely blameless. If fault is unclear or disputed, having a specialist TAC lawyer gather strong evidence like witness statements, police reports, and accident reconstruction can make the difference in securing your entitlements.
Impairment benefits are lump sums ranging from $9,580 to $437,830 for injuries assessed at 11% or more WPI, regardless of fault. Serious injury payouts (common law claims) are typically much larger but require proving someone else was at fault and that your impairment is 30% or more or obtaining a Serious Injury Certificate.
If the TAC refuses to grant you a Serious Injury Certificate, you can apply directly to the County Court for permission to bring a common law claim anyway. This is why having a specialist TAC lawyer is crucial—they’ll ensure your injuries are properly assessed and documented, compile strong medical evidence, and advocate for your right to claim the compensation you deserve.
Yes, serious injury claims allow you to claim two separate lump sums—one for pain and suffering (up to $680,160) and another for pecuniary losses including past and future lost earnings (up to $1,530,470). Your total compensation reflects both the emotional impact of your injuries and the financial losses you’ve suffered and will continue to face throughout your life.
TAC payouts for serious injury and common law claims can be significant and provide you with the essential support you need to recover from your motor vehicle accident injury. So it’s important that your claim isn’t simply ‘processed’ – it needs to be thoroughly prepared by a specialist TAC lawyer to make sure you don’t miss out on essential compensation.
Our team of TAC lawyers is here to help with free legal advice, and if you choose Law Partners to manage your claim, we’ll work for you on a no win no fee basis. Law Partners has specialist motor vehicle accident lawyers based in Melbourne, ready to help. We win over 99% of our cases.
Chantille Khoury
Partner
Chantille is a multi-award-winning, preeminent workers compensation specialist with over 20 years’ experience. Having ranked top 6 nationwide in the highest category of the Doyle’s Guide, Chantille is now providing feedback on policy changes for the Personal Injury Commission and IRO.
Our senior lawyers will assess your case for free.
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