Serious Injury Claims, also known as Catastrophic or Major Injury Claims, are claims arising out of accidents or other events that cause serious injuries and loss as a result of the negligence of others.
The nature of the injuries may include (but are not limited to):
- head or acquired brain injuries
- spinal cord injuries including paraplegia and quadriplegia
- serious orthopaedic injuries
- significant burns, scarring and disfigurement
- serious impairment arising from loss of limbs, eyesight or hearing, and
- serious psychiatric injuries
The consequences of such injuries may range from a partial or total loss of ability to work to a need for 24-hour care for the remainder of the injured person’s life.
The claims commonly arise out of motor vehicle collisions, but also can occur in other situations such as a major workplace accident or medical negligence.
Who can make a claim?
A claim can be made by or on behalf of the injured person if the injury and loss arise out of the negligence of another person or business.
Who is the claim made against? Who pays the compensation?
The answer to this is dependent upon the circumstances that caused the injuries and loss. In motor vehicle accidents, the claim would typically be made against the compulsory third party insurer or the Nominal Defendant.
In medical negligence cases, the claim might be made against the professional indemnity insurer of the doctor or hospital.
In claims against businesses, the claim might be made against the public liability insurer of the business.
What can you claim?
Depending upon the nature and extent of the injuries and disabilities suffered, an injured person may be able to claim compensation for:
- pain and suffering
- past treatment expenses including rehabilitation and aids and equipment
- past care
- past wage loss
- past loss of superannuation
- future treatment expenses including aids and equipment
- future wage loss
- future loss of superannuation
- home modifications.
Other types of damages are possible, depending upon the circumstances of the case.
How do I make a claim?
How a claim is made depends on the circumstances that caused the injuries and what legislation applies. Catastrophic injury litigation requires specialist knowledge and experience.
If you or a relative or friend has suffered significant injuries, we recommend that a solicitor is consulted.