Page 33 - ETU Journal Autumn 2017

Get legal advice early!
Being involved in a road
or transport accident is a traumatic experience. Often a person’s whole life is turned Bupside down in an instant.
esides the trauma and obvious concerns about physical injuries, there are secondary concerns that
quickly surface. The car is written off, so how will I get to work? Can I even go to work? What about my tools that have been damaged? If I can’t work, how will I pay my rent/mortgage? The list grows. It may not seem like the most important thing at the time, but it is vital to seek legal advice early on.
Dealing with the TAC
The reason for this is simple. Many of us have never had to deal with the Transport Accident Commission (the TAC) and are therefore unaware of what we are entitled to. We might know that the TAC can fund medical treatment and provide a contribution for loss of earnings. But the TAC scheme is broad and is often difficult to navigate. The TAC recognises the role played by lawyers, so seeking legal advice on how to access lump sum compensation and common law damages is sensible and encouraged. There are protocols for lawyers to help in making such claims.
AS EACH CLIENT’S INJURIES AND CIRCUMSTANCES ARE UNIQUE, IT IS THE ROLE OF THEIR LAWYER TO TAILOR THE LEGAL ADVICE TO THEIR PARTICULAR NEEDS.
IF YOU OR
SOMEONE YOU KNOW IS INJURED IN A ROAD OR TRANSPORT ACCIDENT ... THE MOST IMPORTANT THING TO DO IS REPORT IT.
Although lump sum compensation may not be available for several months after an accident (because a person’s injuries need to stabilise), it takes time for a lawyer prepare all the relevant documentation. This, in itself, is good a reason to get legal advice promptly. Early professional advice
it is also really important so that the person’s claim is not compromised. For example, there are strict time limits that relate to making a claim and receiving benefits. Missing these time limits can have devastating effects on a person’s claim, but this can be easily avoided with the help of a lawyer.
Tailored legal advice
As each client’s injuries and circumstances are unique, it is the role of their lawyer to tailor the legal advice to their particular needs. For instance, a person may think they have no claim for loss of income because they were on Centrelink benefits at the time of the accident. This is not always correct and, without advice, that person may lose their entitlement altogether.
In addition to preparing paperwork and providing advice before the claim is made, it is also useful for
any decision the TAC makes to
be reviewed by a lawyer. It is not uncommon for the TAC to deny
funding treatment or services without having all of the relevant medical material. A lawyer can dispute these types of decisions and, if successful, the client’s treatment would then be funded. This is a comforting ‘safety net’ that ensures the TAC is making decisions that are reasonable and correct in the client’s individual circumstances.
Reporting the accident
Here is some preliminary legal advice: if you or someone you know
is injured in a road or transport accident, regardless of what type
of claim you think it is, the most important thing to do is report it. Report it to the police, to your GP
and to the TAC. There are significant benefits available through the TAC, some of which you would not consider or appreciate are available. As
such, you should consult your usual lawyer or a lawyer who is specifically experienced in TAC claims. You need to ensure you know your rights and you need to know them as quickly as possible. n
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THE ETU > AUTUMN 2017
33
SLATER & GORDON > INSURANCE
BEEN IN A ROAD OR TRANSPORT ACCIDENT?