Article content 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.
