Head injury compensation claims in Victoria

Tuesday 13 November 2018
Deidre Petrakis

Head injuries are complex and can greatly vary in severity from a small bump or minor laceration to a fractured skull, concussion or brain injury.

Minor or traumatic, an injury to the brain can lead to serious neurological conditions with long-term and devastating consequences. Individuals with a severe brain injury can be left permanently impaired or in a comatose state.

A head injury can happen at any time – whether you are injured in a work-related accident, road accident, slip and fall accident, assault or other accident. In some cases, the brain can become infected as a result of medical negligence arising from a failure to diagnose and treat infections or failure to provide adequate care post-surgery.

In any case of head trauma, it is important to seek medical advice immediately, even if it appears that there is no obvious damage.

Compensation

No-fault scheme

If you have sustained a head injury as a result of a transport accident (whether it be an accident involving a car, motorcycle, bus, train or tram), you may be entitled to compensation from the Transport Accident Commission (TAC). The TAC has a ‘no fault’ scheme and benefits are available even if you caused the accident. If you are a pedestrian, on a bicycle or hit by a motor vehicle, you may be entitled to benefits from the TAC.

If you have been injured at work, you will be entitled to compensation under the WorkCover system. This is also a ‘no-fault’ scheme and an injured employee with a head injury can make a claim even if the accident was their fault.

Fault-scheme

If you have a head injury and it was caused by someone else’s fault, you may be able to sue for compensation (“damages”) in a common law negligence claim.

The amount of compensation you may be entitled to receive is based on a number of different individual factors. Depending on the severity of your injury, damages may be available for pain and suffering, loss of income and treatment expenses.

Claims of this nature are assessed on a claim by claim basis but often, in brain injury cases, compensation payments are substantial.

Other options

If you are unable to work due to a head or brain injury, you may be entitled to benefits through your life superannuation or other insurance policies.

Whilst a head or brain injury significantly impacts the individual, it may also have an adverse impact on family members and may result in them suffering from “nervous shock”. 

We can assist these family members access entitlements if their spouse/ child or sibling has the primary injury.

Time limits apply

Strict time limits apply to making a claim. We recommend that you contact one of our experienced injury lawyers as soon as possible.

Why Adviceline Injury Lawyers?

Choosing the right lawyer after a head or brain injury is vital.  Experience really counts and Adviceline Injury Lawyers are experts in head and brain injury cases.

We provide clear and concise advice, and offer the convenience of home and hospital visits.  Our expert lawyers will guide you through the claims process, working closely with you to create personalised strategies accordingly.

We pride ourselves on our ability to get results, ensuring the maximum compensation is paid to injured Victorians as well as family members where applicable.

What should I do next?

Whether it is a claim arising from an injury on the road, at work, in a public space, or a medical claim, we recommend speaking to one of our experts for a No Nin, No Fee consultation to determine your rights and ability to make a claim.

You can call one of our expert lawyers directly on (03) 9321 9988.

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