MVA

Motor Vehicle Accident Injuries (MVA)

A motor vehicle accident can include collisions between cars, buses or motorcycles, but may also apply to injuries arising from incidents involving forklifts, trains, quad bikes or similar vehicles.

Generally, anyone injured as a result of a motor accident is entitled to claim for their injuries. However, to make a motor vehicle accident claim, it is necessary to establish that the injury arose as a result of the negligence or breach of duty of care by the owner or driver of the vehicle involved. Motor vehicle accident lawyers also often highlight that there are considerations in the legislation for children and for “blameless accidents”. In these cases, you will need legal advice to determine whether or not you can claim motor vehicle accident compensation.

Are you eligible to make a claim?

All motor vehicle accident claims are different, and your eligibility to make a claim is determined by a number of factors. If you have been injured in a motor vehicle accident, it is best to consult with a member of the Brydens Lawyers team to ascertain if you are eligible for a claim suffering damages, wage loss or loss of superannuation. We can help you get the compensation you deserve, whether you have suffered motor vehicle injuries due to a car accident or another type of motor vehicle. For car accident claims and other motor vehicle accident claims, get in touch with our team of professionals today.

Whiplash Injuries

Whiplash is usually a neck injury caused by forceful, rapid, back-and-forth movements of the neck, creating a whip-like movement. Whiplash is most commonly seen in people who have been involvedin car accidents that involve rear-end, side impact or frontal vehicle collisions. However, it can also be caused by force through work injuries and other accidents.

Although severe whiplash injuries can result in paralysis or even death, the majority of whiplash injuries that occur following car accidents are described as mild to moderate. That said, even mild to moderate whiplash injuries can have a significant effect on the injured person’s spine, resulting in painful symptoms being experienced over an extended period of time. These symptoms have the potential to interfere with the ability to carry out and perform everyday activities.

The most common symptoms of whiplash are pain and stiffness in the neck. Often such symptoms don’t develop for a number of hours or even days after an accident. Headaches are also a common symptom of whiplash injuries especially at the base of the skull. Such injuries may be experienced only on one-sideof the neck (unilateral), or experienced on both sides (bilateral). Often, the pain and stiffness felt in the neck extends down into the shoulders and arms as well as to the upper back and upper chest. In more severe cases of whiplash, individuals can experience dizziness, nausea, blurred vision and difficulty swallowing following a whiplash injury.

Although mild cases of whiplash injury can resolve with the passage of time, moderate to more severe cases can persist over an extended period of time. Individuals in more extreme cases may experience symptoms of vertigo (the sensation of the room spinning), tinnitus (ringing in the ears), irritability, fatigue, anxiety and difficulty concentrating. These symptoms can severely affect a person’s ability to work and their quality of life.

Car Damage

It is quite common that following a motor vehicle accident there is damage to both the vehicle itself as well as the occupants. Therefore, a person may be entitled to make a car accident claim not only for damages for the personal injury sustained but also for the damage to the vehicle.

Pre-existing Medical Conditions or Injuries

Pre-accident injuries and medical conditions can impact upon the assessment of damages for which the injured person is entitled. For example, where there is evidence of a pre-existing injury, disability or condition being aggravated when the subject accident occurred, then the court is required to undertake an evaluation as to how the injuries sustained in the accident have impacted upon the claimant. The person claiming is required to prove that the accident caused them injury, loss or damage. Once this has been established, the burden of proof then shifts to the insurer to prove what the effects of the unrelated injury or illness would have been, had the subject accident not occured. That is, it is up to the insurer to try and organise the evidence in relation to the injuries, conditions and disabilities from which the claimant suffers and how they relate to the subject accident or any pre-existing condition.

Usually, an insurance company will recover the clinical records from the claimant’s treating doctors to establish the pre-accident condition. Then, they will call further evidence in to argue what that condition would have been for the claimant if it wasn’t for the injuries sustained in the subject accident. However, from the claimant’s perspective, it need only be established that the accident caused or materially contributed to the condition they are now suffering from. This would entitle the claimant to recover damages commensurate with the entirety of the injury, loss or damage. This could include factors such as medical expenses, financial losses due to an inability to work and physical or psychological injuries.

Brain Injuries

Traumatic brain injuries are classified according to their severity, from mild to moderate, severe, very severe and extremely severe traumatic brain injuries. In determining the severity of a traumatic brain injury, specialists consider how long the victim was in a coma following impact (Glasgow Coma Scale (GCS) score) and the length of time in Post-Traumatic Amnesia (PTA) as the most reliable indicators.

If you have sustained a motor vehicle accident head injury or brain injury as a result of an accident due to someone else’s negligence, you may be entitled to claim compensation. Depending on the severity of your injury–whether you have a mild to severe brain injury, or an extremely severe brain injury—damages may be available for pain and suffering, wage loss, loss of superannuation, treatment expenses and domestic assistance.

In more severe cases, individuals may be entitled to lifelong benefits under the Lifetime Care & Support Scheme for all reasonable and necessary treatment, rehabilitation and care needs. This is in addition to compensation from the responsible CTP insurer for pain and suffering damages, wage loss and loss of superannuation.

Why are Brydens Lawyers the right representation for you?

For over 50 years, Brydens Lawyers have been prosecuting personal injury claims on behalf of our clients injured in motor vehicle accidents to ensure that they receive the compensation to which they are entitled.

We operate with a ‘No Win – No Fee’ policy. This means that if a personal injury or compensation client is unsuccessful in their claim, then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful then we do not get paid. More information about how this works can be found on our No Win – No Fee page.

We specialise in Motor Vehicle Accident claims

We acted for a 74-year-old client who was injured in a motor vehicle accident. Our client had previously undergone a spinal fusion in relation to a work accident 30 years prior. At the time of the subject accident, our client was casually employed as a sports trainer and was unable to complete his domestic duties. Because of the subject accident he was not able to return to any form of employment or domestic duties. We were able to secure a settlement which compensated him for his economic loss, domestic assistance and treatment expenses.

We acted for a client 60-year-old female client who was injured in a motor vehicle accident and consequently required a fusion and developed a back disease. Our client was referred to the Medical Assessment Service (now known as the Personal Injury Commission) for Whole Person Impairment (WPI) and Treatment disputes and attained unfavourable results. As a result of the unfavourable certificates, our client’s damages were significantly restricted at the hearing. The Insurer disputed that any ongoing injuries were related to the accident relying on the unfavourable MAS Certificates. However, we sought to run an argument that the unfavourable MAS certificate should not be admitted because it would cause substantial injustice to our client. The Defendant Insurer appreciated our argument and the risk of running the proceedings before a judge and we were able to secure an excellent commercial settlement for our client.

What are you able to claim?

• If you are eligible to make a motor accident claim, you may be able to recover:

• Non-economic loss (damages for pain and suffering) subject to establishing that the injuries sustained have resulted in a whole person impairment of greater than 10% on either physical or psychological grounds.

• Medical and treatment expenses.

• Past and future economic loss.

• The cost of commercial care and/or assistance required, including aids such as wheel chairs, home or vehicle modifications.

• Legal costs.

When should you consult a lawyer about making a claim?

Under the Motor Accident Injuries Act 2017 legislation in New South Wales, you are entitled to bring a claim against the CTP insurer for the vehicle at fault for compensation for injuries sustained.

Strict time limits apply with respect to the lodging of a claim following your involvement in a motor vehicle accident. These time limits are as follows:

The accident must be reported to NSW police within 28 days of having occurred.

A personal injury claim form must be lodged with the CTP insurer for the vehicle at fault for the accident within six months of the accident for accidents occurring before 1 December 2017.

An Application for Personal Injury Benefits must be lodged with the CTP insurer for the vehicle at fault for the accident within three months of the accident for accidents occurring after 1 December 2017.

Proceedings must be commenced within three years of the date of the accident otherwise the claim could be statute barred.

Making a motor accident claim can be a difficult and complex process, but it doesn’t have to be. Brydens Lawyers are here to help. As specialists in the prosecution of motor vehicle accident claims and road accident compensation claims Brydens Lawyers can assist you in ensuring that you receive the maximum compensation to which you are entitled. To ensure that you get the best possible result, make sure you speak to Brydens Lawyers about your claim today by contacting us online or calling at 1800 848 848.

What is your next step?

Once those who have been injured have been provided with proper medical treatment, Brydens Lawyers should be consulted for the purpose of determining whether any claim is available for compensation for the injury sustained.