New insurance laws in South Australia, which took effect in July 2013, have made seeking compensation after a vehicle accident more complex than ever before.
When it comes to future lost wages, your injuries must meet specific criteria before you are entitled to monetary damages.
The new laws have resulted in many roadblocks that only a knowledgeable personal injury lawyer in South Australia can help you and your family to navigate.
Requirements for Future Loss of Income Compensation
Your injury will be assessed according to the Injury Scale Values (ISV) test. When your dominant injury rates eight points or higher on the ISV, you are deemed eligible for financial compensation for future loss of earning capacity. However, even if your injuries meet this requirement, you can only receive 80 percent of what you would have earned. If your injuries prevent you from returning to work but only rate seven points or lower on the scale, you cannot claim future lost income.
Examples of Injuries That Qualify for Future Loss of Earning Capacity
The following are just a few types of injuries that exceed seven points on the ISV:
• Facial injuries resulting in skeletal damage, functional damage or disfigurement
• Head and spinal injuries resulting in disturbance of brain functioning or paralysis
• Head, neck or facial injuries resulting in impaired vision, hearing, smell or taste
• Serious cervical, thoracic or lumbar spine injuries resulting in limitations on performing routine tasks and loss of motor function
• Serious shoulder injuries, especially those involving the dominant upper limb in which there is an overall impairment of 25 percent or more
• Arm or leg injuries resulting in amputation
• Chest injuries that cause serious lung or heart damage and lead to prolonged pain and suffering
Accident Compensation Lawyers in Adelaide
Even with the new thresholds on future income, you are still entitled to compensation for past lost income and medical expenses if you’ve been injured because of another driver’s negligence. To learn more about your entitlements and obtain the maximum compensation allowable, contact the skilled Adelaide personal injury lawyers at Genders & Partners as soon as possible after your vehicle accident to set up your FREE Telephone Consultation.
Contact us today on (08) 8212 7233 to arrange an Appointment for a FREE Telephone Consultation and to request a FREE copy of our special Report: “7 Things You Must Know Before You Make A Third Party Claim”. We are located at Suite V1, Level 3, 169 Fullarton Road, Dulwich SA 5065
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