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Lump sum compensation for injuries in Victoria



There are many different lump sums that you may be entitled to if you have been injured in Victoria.

At Nevin Lenne Gross, we are proud of our long history assisting clients to receive lump sum compensation or damages for their injuries. These lump sums make a big difference to our clients’ lives. Being injured usually diminishes a person’s financial circumstances. A lump sum can help restore them.

The laws for lump sums in Victoria cap the amounts people can receive. Therefore good quality legal advice and representation is essential to ensure you receive as much as possible from the cap that applies to your circumstances.

Here are some of the main options. Please contact us for advice if you think you may have a claim.

If you have been injured at work

You can apply for an impairment benefit, which is a modest sum for most injuries, and part of the no-fault WorkCover and ComCare schemes. The rules for this lump sum are constantly changing, so see us to get legal advice and assistance with this claim.

Common law damages are a more substantial lump sum and can be for ‘pain and suffering’ and ‘loss of earning capacity’. Your access to common law damages is only available if you have a ‘serious injury’. An application for a serious injury certificate requires preparation by an experienced lawyer. If you have a serious injury certificate, you can then pursue common law damages, but will only succeed if you can establish that your injury was sustained in circumstances where another party was negligent (usually your employer or labour hire company, but can be other parties).

If you have been injured in a transport accident

You can apply for an impairment benefit, which is a modest sum for most injuries, and part of the no-fault TAC scheme. The rules and process to apply for this lump sum are sufficiently complex that you should see us to get legal advice and assistance with this claim.

In some circumstances you can obtain a more substantial lump sum payment if you pursue a claim for common law damages. You can claim damages for “pain and suffering” and “loss of earning capacity”. Your access to common law damages is only available if you have a ‘serious injury’. An application for a serious injury certificate requires preparation by an experienced lawyer. If you have a serious injury certificate, you can then pursue common law damages, but will only succeed if you can establish that your injury was sustained in circumstances where another party was negligent (usually the driver of another vehicle, or the driver of your vehicle if you were a passenger).

If you have been injured getting medical treatment

If you were injured on a medical trial, there may be an insurance policy that entitles you to a lump sum, otherwise, the common law is usually the only option.

Generally, compensation is recovered in the form of a lump sum payment for ‘pain and suffering’, ‘loss of earning capacity’ and expenses. Your claim for common law damages will only succeed if you can establish that your injury was sustained in circumstances where the medical practitioner, practice or hospital was negligent.

If you have been injured due to a criminal act

The Victims of Crime scheme in Victoria provides a small lump sum. The new Financial Assistance Scheme for victims starts on 1 January 2024 and is expected to provide slightly more generous lump sums.

You may also be able to pursue a lump sum under the Sentencing Act or damages through a common law claim, if the offender has means with which to pay.

If you have been injured due to negligence by another

You may have a claim for common law damages. Injuries outside of employment and transport accidents may be subject to the Wrongs Act, so your access to common law damages may only available if you have a ‘significant injury’. You will only succeed if you can establish that your injury was sustained in circumstance where another party was negligent (such as the owner or occupier of a property, the public land manager, a service provider or business/company).

If you have your own insurance

If you have your own insurance for accidents or total and permanent disability (TPD) with your superannuation, you can apply for the insurance to be paid. This can involve a lot of paperwork, and there are a few traps, so it is worth getting advice and representation for these claims.

Time limits

The time limits for these claims vary from claim to claim and can be one year, three years or six years or more. You should get legal advice about the time limit and the lawyer needs to review your situation carefully to provide advice.

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