As your legal representative, we would obtain a brief of evidence on your behalf. After conducting some preliminary investigations, we may need to look at medical material from the doctors who have treated you for injuries related to the accident. Following this we would arrange medico-legal appointments so that your injuries can be more formally assessed.
If you are awarded less than 6% impairment by the medico-legal specialist, you may still make a common law claim which will include a claim for any out of pocket medical expenses, loss of earnings and any attendant care which was required.
If the Defendant disagrees with the impairment assessment and does not believe that you have sustained more than 5% impairment, the matter may be referred to the Medical Panel.
Where you have breached the required impairment threshold and negligence has been proved a Certificate of Assessment may be served on the other side. If both the impairment assessment and liability is accepted, you will essentially have a ‘ticket’ to issue common law proceedings. The amount of damages will be assessed by the Court by taking in to account the following:
- Pain and suffering and loss of enjoyment of life;
- Past and future loss of earnings;
- Past and future medical and like expenses; and
- Gratuitous care provided by someone else.