Motor vehicle accidents can often result in catastrophic and life-changing injuries, such as paralysis, traumatic brain injuries and limb amputation. These injuries profoundly impact not only the injured person but also their loved ones. That impact is not only a physical impact but emotional and financial too.
In Western Australia, if you’ve been catastrophically injured in a motor vehicle accident due to someone else’s negligence, you may be entitled to compensation through the Insurance Commission of Western Australia under the state’s Compulsory Third Party insurance scheme.
What Constitutes a Catastrophic Injury?
A catastrophic injury refers to an injury that results in severe, long-term, and often permanent impairment. These injuries typically require extensive medical treatment, rehabilitation and lifelong care. Examples of catastrophic motor vehicle injuries include:
- Spinal cord injuries;
- Traumatic brain injuries;
- Multiple amputations;
- Severe burns; and
- Permanent traumatic blindness.
Assessment of Damages in Western Australia
In Western Australia, damages for catastrophic motor vehicle injuries are assessed based on the severity of the injury, the financial impact on the injured person and their future needs.
Past and Future Loss of Earning Capacity
A component of damages for catastrophic motor vehicle claims is compensation for past and future loss of earning capacity, including past and future loss of capacity to earn superannuation. For many people, a catastrophic injury can lead to an inability to work, either temporarily or permanently.
When assessing these damages, the following factors are considered:
- Past loss of earnings – Compensation may be awarded for any loss of income due to the injury. This can include time off work for hospital admissions, rehabilitation and periods of incapacity for work while recovering from the injury.
- Future loss of earning capacity – In catastrophic cases, often the injured person may never be able to return to work or may only be able to return to work in a limited capacity. Damages for future loss of earning capacity will take into consideration the injured person’s prior income, career trajectory and the long-term impact on the injured person’s ability to earn an income.
Future Needs
Catastrophic injuries often necessitate extensive and ongoing medical treatment and care. Future needs are assessed based on the severity and long-term impact of the injuries suffered by the person injured in the motor vehicle accident. Medical professionals such as; orthopaedic surgeons, neurologists, psychiatrists and/or rehabilitation experts play a key role in assessing the severity of the injury and the future care and treatment required. The injured person may be required to undergo independent medical examinations to obtain reports addressing the costs of future medical care, long-term therapy, specialised equipment and home modifications that the injured person may require.
One of the most important aspects of assessing damages for catastrophic motor vehicle claims is considering the future care needs of the injured person. For many individuals who have sustained catastrophic injuries, the need for care doesn’t end once the immediate recovery phase is over. Ongoing support is often required for the rest of their lives. This includes assistance with activities of daily such as personal care and accessing the community. Compensation can be awarded to cover the cost of hiring caregivers or family members who provide this support.
General Damages
While damages like medical expenses and loss of income are easier to quantify, pain and suffering (also known as general damages) is a more subjective area of assessment. Catastrophic injuries often result in a diminished quality of life. Many catastrophic injuries result in a permanent change in lifestyle, such as a loss of mobility, independence, or the ability to engage in previous hobbies or social activities. Compensation is often awarded to reflect the impact of these changes on the injured person’s overall quality of life.
In Western Australia, general damages in motor vehicle accident claims are assessed by comparing a person’s injuries against “a most extreme case”. Compensation is awarded as a percentage of a most extreme case, with a threshold of at least 5.5% of a most extreme case needed to be eligible for any compensation award for general damages.
The assessment of damages of catastrophic motor vehicle injury claims in Western Australia is a complex and detailed process. At Brand Barristers & Solicitors, we specialise in catastrophic injury claims and can guide you through the process to secure the compensation necessary for you or your loved one’s future care and quality of life.
