Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 7 July 2018.
In December 2017, Jason is involved in a motor vehicle accident. He sustains soft tissue injuries his neck and lower back and an injury to his left knee resulting in a total medial meniscectomy.
The accident was caused by the fault of the other driver.
Jason sees his solicitor just prior to Christmas 2017. He is advised that he needs to lodge an application for personal injury benefits within three months of the date of the accident and to receive weekly benefits from the date of the accident, he needs to lodge his application within one month.
Before the accident, Jason was working as a courier but because of his injuries, he has been unable to return to work. He receives 95% of his weekly wages for just 13 weeks and thereafter he receives 80% of his weekly wage. He also receives payment for his medical expenses.
Jason is advised that the injury to his left knee constitutes a “serious injury” which will allow him to continue receiving benefits beyond 6 months from the date of the accident.
Jason is also advised that he will be able to make a common law claim relating to any economic losses he suffers in the past and in the future. He is also advised that if his impairment is assessed as exceeding 10% “whole person impairment” he can also make a claim for pain and suffering and loss of enjoyment of life.
For Jason’s level of impairment to be properly assessed, he will need to wait until his injuries stabilize, which means they have reached the maximum level of improvement, before he pursues his claim further.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
