Our personal injury lawyers are experts in all kinds of compensation claims, and we handle them on a No Win No Fee basis. If you need advice relating to an injury sustained at work, in a public place or on private property, get in touch with our friendly staff today on 1800 21 22 23
What is a “significant injury”? Why is it important in a Public Liability claim?
When it comes to claiming compensation for pain and suffering in Public Liability matters (such as slips, trips and falls), the injury you have will be assessed by a medical specialist and some specific criteria will be used to work out whether it is classified as a “significant injury” under the law.
So, what does this mean for you in plain terms?
Firstly, any injury you have suffered needs to be shown to have caused permanent impairment, and to meet a certain score based on the American Medical Association (AMA) Guides.
What is permanent impairment?
Permanent impairment is loss of functionality or limitation of movement of a part of your body in accordance with the American Medical Association Guidelines (4th Edition).
In Victoria, there are different thresholds of permanent impairment required to obtain pain and suffering compensation for your injuries:
- Physical (6%)
- Spinal (5%)
- Psychiatric (10%)
A medical analysis of your injury will be looked at through AMA guidelines and then be given the corresponding % score.
The AMA Guides are used as the standard for many personal injury, public liability and compensation systems the world over. Most potential injuries to the human body are detailed in the Guides and have different corresponding classes of that injury, depending on the severity and nature.
What about the non-physical impact of my injury?
Whilst your ability to perform your day-to-day activities, work or look after your children may be the greatest impact of a public liability injury on your life, unfortunately these daily effects of the injury are not taken into account when assessing whether you have a permanent injury. The effects on your day-to-day life will however be taken into account in assessing the amount of damages once your injury has been assessed as permanent and significant.
Our team have unrivalled experience in handling Public Liability matters, and we’ll always talk straight with you about how to handle your claim, and answer any questions you might have along the way.
If you need to speak to a personal injury lawyer today, contact us on 1800 21 22 23