There is nothing worse than experiencing a car accident and then having to immediately go through the paperwork and hassle of filing a claim.
There are many insurance and legal requirements to work through after an accident, when you were injured and are worried about the financial implications of recovery.
But, if you have been injured in the accident, to receive any applicable compensation you must undergo a medical assessment.
Here are some insights from our team here at Marocchi Law on how medical assessments affect you when claiming car accident damages.
Why do you need a medical assessment?
In accordance with the relevant laws of each individual state here in Australia, Medical Assessors make medical assessments after motor vehicle crash injuries are received, and determine the level of injury you have sustained.
They assess based on:
- If there was significant pain and suffering due to crash-related injuries, and
- If there has been any loss of life enjoyment experienced in result (classified as non-economic or non-monetary damages).
How does your medical assessment affect your claim?
Your Medical Assessor can act as an intermediary between you and your insurer if any issues related to your claim arise, assessing any medical disputes and determining what treatments are needed. They can also assist in proving that permanent injuries of more than 10 percent were incurred.
For example, according to the State Insurance Regulatory Authority (SIRA), non-economic loss damages will be paid out to the injured party only if the injuries sustained are severe enough to cause permanent impairment – and this must be to a degree of more than 10 percent.
If the medical assessor finds your permanent impairment injuries to be less than 10 percent, you are still able to make a claim, it just can’t include non-economic damages.
Your compensation will then be determined based on the economic (significant pain and suffering) damages in your claim.
As you can see, the damages claim you make is heavily affected by the results of your medical assessment.
At times like this, having a qualified and caring compensation claims lawyer on your side increases your chance at a positive outcome, and makes a difficult time easier on everyone involved.
If you have been involved in a car accident and believe you are due compensation, contact our team at Marocchi Law – we have a proven track record for achieving a successful outcome for our clients and are here to assist in your situation if we can.