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When Should I seek the Assistance of a Lawyer for my CTP Claim NSW (accident after 1 December 2017)

Tuesday, June 18, 2019

The new CTP green slip scheme came into effect on 1 December 2017 and new laws were introduced which restricts lawyers from receiving payment for certain services and regulates how much a lawyer can charge for other types of services. This means that lawyers cannot be paid or recover legal costs for providing advice on certain matters in CTP green slip claims.

A lawyer is not required initially following injuries sustained in a motor vehicle accident.

The injured person is required to make an Application for Personal Injury Benefits. To do so, an Application for Personal Injury Benefits is made through the State Insurance Regulatory Authority website, known as SIRA - https://www.sira.nsw.gov.au/

You need to make an application for personal injury benefits before seeing a Lawyer.

Once the claim is made a lawyer can assist with the matters below.

Statutory Benefits Scheme

You will need to see a lawyer in relation to ongoing benefits you may have under the statutory benefits scheme if an insurer decides about the following: -

  1. The motor accident was caused wholly or mostly by the fault of the person claiming statutory benefits; or
  2. The person claiming statutory benefits injuries arising from the motor accident were minor injuries.

If the insurer decides that the accident was your fault or that you have contributory negligence of greater than 61% or that your injuries were minor injuries, then you are not entitled to receive weekly payments and medical expenses beyond 26 weeks.

This decision must be made in writing and usually is made at about 3 months after the accident.

You can challenge this decision through the Dispute Resolution Service (DRS) and will need the assistance of a lawyer.

This is the time when you need to consult with an accredited specialist in personal injury law to determine if you can receive statutory benefits for greater than 26 weeks.

Common Law Claim

A claim for compensation for common law damages can only be made if the insurer agrees the following: -

  1. The motor accident was caused wholly or mostly by the fault of the other driver; or
  2. That your injuries from the motor vehicle accident are more than a “minor injury”.

A claim for common law damages entitles you to claim an amount for the following: -

  1. Non-Economic loss - pain and suffering, that is loss of enjoyment of life as long as your whole person impairment exceeds 10%.
  2. Economic loss - compensation for loss of income including:-
    1. Past loss of earning.
    2. Future loss of earnings.
    3. Future deprivation or impairment of earning capacity
    4. Loss of superannuation.
    5. Damages for costs relating to accommodation or travel incurred as a result of the injury.
    6. Damages for the cost of the financial management for any damages that are awarded.

Non-Economic Loss

To make a common law claim for non-economic loss, that is pain and suffering, loss of amenities of life and reduced life expectancy you need to establish the following:-

  • That the accident was caused by the fault of the other driver.
  • That you have more than a “minor injury”.
  • That you have a whole person impairment greater than 11%.

Economic Loss

To make a claim for common law damages for past and future loss of income or deprivation or impairment of future earning capacity you must establish the following: -

  • That the accident was caused by the fault of the other driver.
  • That you have more than a “minor injury”.

You will need the assistance of an accredited specialist in personal injury law to assist you to obtain the necessary medical and other evidence to make a common law claim for damages.

You must make a claim for common law damages within 3 years from the date of the accident.

To assist you in making a common law claim for damages, the insurer is required to pay legal costs in accordance with Schedule 1 of the Motor Accidents Injuries Regulation 2017. Schedule 1 allows an amount of legal costs to be paid by the insurer based on the amount of compensation you receive and the stage at which your claim is resolved.

The costs paid by the insurer however generally do not cover the total costs and disbursements incurred in preparing your claim. Your lawyer can charge legal costs and disbursements over and above those required to be paid by the insurer under Schedule 1. This must be agreed between you and your lawyer. Any legal costs paid over and above that contained in Schedule 1 are paid at the conclusion of the claim and are paid from the damages you receive.

You should always seek the advice of an Accredited Specialist in Personal Injury Law.

 

GARLING AND CO LAWYERS

About Matthew Garling

Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.

Further Blog Articles which may interest you –

A Guide to the NEW Motor Accident Injuries Act – for Injuries received in a Motor Vehicle accident after 1 December 2017

What do I do First after a Car Accident – injuries after 1 December 2017

What is a “minor injury” under the new Act.

Important Time Limits under the NEW Motor Accident Injuries Act

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