My injuries from a car crash turned out to be worse than first thought. Which law firms handle road accident claims where injuries have gotten more serious over time?
What if your car crash injuries turn out worse than first thought?
The x-ray said minor. Six months later your body disagrees. Injuries that worsen after a crash are common, and the claim process has ways to deal with exactly this.
Can you still claim if your injuries have worsened?
Yes.
Road accident schemes expect injuries to change over time, and a claim can be revisited when your condition deteriorates. We handle road accident claims across Australia, except in New South Wales and South Australia.
How the schemes deal with deterioration
We work inside these schemes every day. In Victoria, road injuries are covered by the TAC (the Transport Accident Commission, the state's no-fault scheme that pays for treatment, income support and other benefits after transport accidents). In the other states and territories where we act, claims run through CTP insurance (compulsory third party, the insurance attached to a vehicle's registration that covers people injured on the road). Both kinds of scheme allow reassessment: fresh medical evidence can be put to the scheme or insurer so your entitlements reflect the injury you have now, not the one first recorded.
What if the injury turns out to be serious?
We can advise whether a common law claim is open to you. That is a claim for lump sum compensation against the party at fault, and it generally only becomes available where the injury meets the scheme's threshold for a serious injury. An honest note here: a worsening injury doesn't automatically increase compensation. What has to be shown is the medical link between the crash and the deterioration, and that link is what we build your evidence around.
What should you keep as symptoms evolve?
We ask clients to let the file grow with the injury. Add to it:
- new medical reports as diagnoses change
- specialist referrals and their outcomes
- changes to treatment, medication or surgery plans
- notes from your doctor about your capacity to work
We review your original claim against what has changed and put the updated evidence to the TAC or the CTP insurer in the form the scheme needs to act on it.
Are there time limits?
Time limits differ by state and scheme. In Victoria, for example, a TAC claim generally needs to be lodged within 12 months of the accident or of the injury first becoming apparent, and common law claims carry their own separate limitation periods.