Unfortunately, in the aftermath of a car accident, aside from physical injuries, victims can also suffer psychological injuries. These can develop in a number of ways, and can be very debilitating.
A car accident psychological injury claim can take on many forms. A psychological injury could be secondary to a physical injury, in that a person can develop psychological symptoms as a result of pain and limitations associated with their physical injury. This could also take the form of symptoms relating to a fear of driving or being a passenger in a vehicle.
Lastly a psychological injury could be sustained in response to witnessing or learning of a loved ones injury in an accident (a nervous shock claim). In some circumstances the individual may not have been in the accident, but may have attended the scene, witnessed the accident from a secondary vehicle or lost a loved one, and as a result of this developed a psychological injury.
These injuries make take time to come to the surface, however can be just as debilitating as a physical injury, and can form the basis for an injury claim. As with all injury claims following an accident, strict time limits apply so you should seek legal opinion as soon as you are able.
Car Accident Psychological Injury Compensation Claim Process Brisbane, QLD
To receive compensation for a car accident psychological injury an injured party must show that their injury was sustained by a negligent driver, or in the case or a nervous shock claim that the driver of a vehicle that injured their loved one was negligent. This can often be established with the assistance of a police investigation into the accident.
Should an injured party wish to receive compensation for their injury they must lodge a Notice of Accident Claim (NOAC) Form with the CTP insurer of the vehicle whose driver was at fault for the accident. The NOAC should be provided to the insurer within 9 months of the date of the accident. A NOAC can still be provided outside this 9-month period, however a reasonable excuse for the delay in doing so will need to be provided.
Once the NOAC is deemed compliant the relevant insurer will commence their own investigations into the circumstances of the accident to satisfy themselves that their insured vehicle was in fact responsible for the accident. The CTP insurer has 6 six months within which to conduct these investigations and then provide an injured party with their official response as to whether they will accept or deny liability for the accident and resultant injury. A settlement conference can then be held between the parties in an attempt to try and settle the matter without the need for progressing the claim through the Courts.
Should however, the matter not settle at this conference and there is a need to the matter to progress to trial there are strict time limitations governing this process. A claim for personal injuries in Queensland must be commenced in a Court within 3 years of the date of the accident. If a claim is not commenced in a court by this time an injured party’s right to sue may be lost for ever.
It should also be noted that different time limitations apply for claims to be lodged against the Nominal Defendant through the pre-court procedures. These claims are where the at-fault driver has potentially fled the scene or cannot be identified – you then are able to access a nominal defendant claim.
Calculating Car Accident Psychological Injury Compensation in Brisbane, QLD
Once liability has been admitted by the insurer the focus of the claim will then shift to how much compensation an injured person should be awarded as a result of their injury and the permanent impairment attributable to such an injury.
Under a car accident psychological injury claim an injured party may recover compensation for the following:
- Pain and suffering and loss of amenities of life;
- Past economic loss calculated by the amount you would have received for wages, superannuation, overtime, bonuses etc.
- Past special damages to include any amounts you are out of pocket for medical appointments, rehabilitation, pharmaceuticals, travel and miscellaneous expenses;
- Future economic loss calculated by the amount you are likely to lose in wages, superannuation, overtime, promotional opportunity, and loss of competitiveness;
- Future special damages for the expenses you are likely to outlay in the future for medical appointments, rehabilitation, travel, pharmaceuticals and miscellaneous expenses once settlement has occurred.
Mobile Car Accident Psychological Injury Claim Lawyers: We Come to You!
Need a Free Case Review? We come to you, no matter where you are in Queensland.
We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-accident. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.
If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane’s CBD or you and your lawyer can arrange an appointment at one of our many visited offices.