Recent law changes have affected the way you can receive compensation for injuries arising out of motor vehicle accidents.

If a person is injured or killed in a motor vehicle accident, there are two different types of compensation they may be eligible for: statutory compensation and lump sum/common law damages.

These two different types of compensation differ in a few important ways.

Statutory benefits are available to injured parties regardless of who was at fault for the accident that caused the injury. These benefits include income support, medical expenses and injury assistance expenses. Injured parties may be entitled to these benefits for up-to-26-weeks without fault for the accident being determined.

Common law damages are paid as a lump sum and can include compensation for pain and suffering and wage loss.  These damages require that fault is established against the opposition party.

While the updates in legislation have made claiming statutory benefits much easier for un-represented injured parties, it remains important that parties are aware of their possible entitlements to common law damages and how the circumstances of their accident may factor into their future statutory entitlements.

If you have been involved in a motor vehicle accident and require legal assistance, contact our expert team.

This information is of a general nature and is not legal advice.

Emma Mead

Emma Mead

Personal Injury Lawyer and Founder

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