Catie Norman
Special CounselI get to know my clients as people, not as injuries. This allows me to achieve the best possible outcome for themselves, and their families.
Australia's Largest Specialist Personal Injury Firm^
WINNER Personal Injury Law Firm of the Year
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Chat nowFind out how much you can claim.
Get startedDepending on your injuries, it might make sense to submit your own claim without the help of a lawyer. But when substantial lump sums are involved, you’ll need a lawyer to represent you. That’s why we tailor our services to suit your needs – to make sure your injuries are assessed correctly, and your claim takes into account the full impact of your injuries on your life. This more personal approach is how we win more compensation for our clients.
The biggest mistake people make with their TAC claims is assuming they’ll automatically receive their full entitlements. Whether you need free advice or a lawyer to manage your claim, our Victorian TAC lawyers are here to make sure you receive your full entitlements, which can include substantial lump sums.
There are three key stages in a TAC claim: | |
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1. Before you submit your claim |
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2. Getting your claim approved |
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3. Applying for lump sums |
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Read on to learn more about each of these stages, some of the reasons people miss out on entitlements, and how our TAC lawyers can help you.
You can submit your own claim. But it’s important that it’s submitted correctly, and that your injury assessment takes into account all of your injuries. If anything is overlooked, it can mean your claim is rejected, or that you miss out on substantial lump sums you’re entitled to.
Our TAC lawyers can help with free legal advice before you submit your claim, to make sure you don’t miss out.
If you’ve already submitted your claim but it’s been rejected, you can dispute the TAC’s decision. For example, an insurer may claim that your injury was a ‘pre-existing condition’, not caused by your accident.
Our TAC lawyers have extensive experience overturning TAC decisions and can manage your dispute for you, or give you free legal advice on how to raise a dispute on your own. You only have 12 months to dispute the rejection of your claim so it’s important that you seek advice promptly.
There are two situations where you can claim lump sums:
These lump sums can be substantial, and our specialist TAC lawyers have a strong track record of success with lump sum claims. In fact, we win over 99% of our cases.
There are two ways to be granted a serious injury certificate and qualify for common law damages. The first is to be assessed as having a permanent impairment of 30% or more and the second is to satisfy the ‘narrative test’. The following TAC claim example highlights how our lawyers may be able to help you claim common law damages if your impairment is assessed below 30%.
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% impairment, so she didn’t think she was eligible. She also lives in Brisbane, so she wasn’t sure if she could make a 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 were able to get the TAC to accept that a serious injury certificate should be granted under the ‘narrative test’. This meant that she was able to go on to claim pain and suffering, and her economic losses while she couldn’t work, as well as having her treatment costs covered. Grace’s final settlement was $230,000.
If you’ve been injured in a road accident in Victoria and needed any time off work or treatment, it’s likely you can make a TAC claim, even if you were at fault. This applies to drivers, passengers, cyclists, motorcycle riders, and pedestrians. You can claim for physical and psychological injuries.
You can also claim if you’re a Victorian resident who is interstate if the accident involves a vehicle that’s registered in Victoria.
Find out if you are eligible for a TAC claim here.
If you’ve been injured in a transport accident you can claim:
If your impairment level is 11% or more, you can claim an impairment benefit between $9010 and $411,470*.
If you have a serious injury and you weren’t at fault, you can also make a common law claim for lump sums of up to $1,438,310* for loss of income, and up to $639,200* for pain and suffering.
For more information on how much you can claim, refer to our TAC compensation calculator article.
* As of July 2024
If you have a permanent physical or psychological injury assessed at 11% or more impairment, you can claim an additional impairment benefit on top of your weekly benefits.
You may also qualify for a serious injury claim if you have multiple injuries that combine to be assessed at 11% impairment. Our TAC lawyers can provide you with free advice on how this works.
To make any common law lump sum claim, you’ll need to either:
If the TAC doesn’t grant you with 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 immediately.
For more information, read our TAC payouts guide.
We work on a no win, no fee basis, so you’ll only need to pay us if we win, and you receive your motor accident compensation. We believe our no win, no fee, no disbursements guarantee is the best and fairest agreement in Australia. We win over 99% of our cases, but in the unlikely event your claim is unsuccessful, you’ll pay nothing.
The TAC claim time limit is generally one year from the accident date. If it’s been more than a year since your accident, there are some situations where you can still make a TAC claim, and you have up to six years to make a common law lump sum claim.
Learn more about the TAC claim time limit here.
Our senior lawyers will assess your case for free.
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