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Transport Accidents - Making a claim against the at fault party

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A person injured in a transport accident may have a further right to seek damages at Common Law. This requires the injured person to prove the negligence/fault of another party, at least in part.

Under Victorian Law, you can make a claim for damages at Common Law if you have suffered a “serious injury“.  A serious injury is defined as:

      • a permanent impairment of 30% or greater;
      • a serious long term physical impairment or loss of body function;
      • a serious disfigurement;
      • a severe long term mental disturbance;
      • loss of foetus.

An injured person can sue for damages, this includes:

      • damages for pain and suffering and loss of enjoyment of life;
      • damages for loss of earnings and earning capacity,

A claim for damages at Common Law is to be commenced within 6 years from the date of accident or recognition of injury.

In bringing a Common Law claim, a significant amount of preparation is required. We encourage you to contact this office as early as possible to understand whether a Common Law claim exists for you.