TAC common law claims

If you have been injured in a road accident which was not your fault (someone else’s negligence caused the accident) and your injuries are permanent, Guardian Injury Law can assist you in claiming your common law entitlements for pain and suffering and economic loss damages.

Common law entitlements are in addition to your TAC “no-fault” entitlements and can make a significant difference in the recovery process.

Who can lodge a TAC common law claim?

To be eligible for common law compensation, you need to show the following:

• That your injury is a serious injury;
• That the injury occurred in a transport accident that was not your fault; and
• That the transport accident caused your injury.

To commence common law proceedings, the Transport Accident Act 1986 requires that you lodge a serious injury application with the Transport Accident Commission (TAC).

Serious injury definition

A serious injury is defined as a serious impairment of a body part or a body function. There are many years of case law that provide examples of what the courts consider a serious injury. It is important to seek advice from a lawyer experienced in TAC claims to determine if you may meet the serious injury definition which will entitle you to common law compensation.

What happens once I’ve lodged my common law claim?

Once you have lodged your serious injury application, the TAC will consider your application and either accept or decline it.

If your application is rejected, an Originating Motion will be issued in the court to have a judge determine if you meet the serious injury threshold.

If the judge finds that you have a serious injury or if your application is initially accepted, a settlement conference will be held with the TAC to see if the case can be resolved. Cases often do not resolve at these conferences as the parties cannot agree on a monetary amount to resolve the matter, or the question of negligence is disputed between the parties.

Guardian Injury Law has significant experience in preparing and negotiating common law settlements. We will provide you with clear advice so that you can make informed decisions to achieve the best possible outcome.

If the case cannot be resolved at the settlement conference, then proceedings must be issued in either the County Court or Supreme Court depending on the quantum of the claim (the monetary value of your compensation), to resolve the matter. Depending on the complexity of your case, it is important that you are aware that common law claims can be very lengthy and involved. Guardian Injury Law will be every step of the way providing clear, straightforward advice.

How will Guardian Injury Law help me?

It is important to remember that for a common law claim to be successful, you need to prove that your injury occurred in a transport accident where someone else was negligent. Statements will need to be taken from lay witnesses and often an expert opinion will be obtained with regards to the circumstances of the injury.

You also need to achieve ‘serious injury’ test for your common law claim to proceed.

Using the narrative test, we tell your story in affidavit form to show how your injury occurred and the impact your injury has had upon your quality of life including activities of daily living, sleep, relationships, employment and hobbies. Medical opinion, both from treating doctors and independent medico-legal doctors (that Guardian Injury Law arrange for you), is also used to show that you meet the test.

Guardian Injury Law has significant experience and expertise in bringing successful TAC common law claims and achieving outstanding results that change our client's lives.

We will provide clear legal advice, in plain English, to you every step of the way so that you can make informed decisions to achieve the compensation you are entitled to.