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While the loss of life in car accidents is devastating, the human costs extend far beyond fatalities. In 2023 alone, an estimated 1266 people tragically died on Australian roads, however, the number of injuries sustained in car crashes is significantly higher.
If you’ve been hurt in a car crash, the process of recovery and securing compensation can feel overwhelming.
In this article, we’ll explore the 10 most common car accident injuries, what classifies as a major injury, who can claim compensation, and everything you need to know about the car accident injury claim process.
Car accidents are a leading cause of injury in Australia.
According to the Australian Institute of Health and Welfare (AIHW), between 2021-22, a staggering 31% of transport injury hospitalisations involve car occupants. And, while some injuries are immediately apparent, others may take days or weeks to manifest.
Here’s a look at the 10 most common car accident injuries.
Often considered a minor injury, whiplash can cause significant pain and stiffness in the neck, making daily tasks difficult. Symptoms like headaches, dizziness, and memory loss can also occur. Whiplash accounts for roughly half of all car accident claims in Australia.
More likely in rollovers and read-rend collisions, head injuries can range from mild concussions to life-threatening trauma. Neglecting to wear a seatbelt significantly increases the risk of brain injury. In the worst cases, these injuries cause permanent disabilities or death. NSW’s Lifetime and Support Scheme (LTCS) helps cover the cost of treatment and care for serious brain injuries sustained in car accidents.
Rear-end collisions are a common culprit behind spinal cord injuries, which can affect the chest, head, neck, and spine. People in front and back centre seats are most at risk. These injuries can lead to partial or complete paralysis, chronic pain, and other debilitating symptoms. According to the AIHW, between 2021-22, a concerning 25% of hospitalisations for transportation accidents involved the head and neck. This highlights the high number of spinal cord complications arising from car accidents.
Similar to brain injuries, severe spinal cord injuries are covered by the LTCS.
The emotional and psychological impact of a car accident shouldn’t be underestimated. Accidents can trigger depression, anxiety, and even post-traumatic stress disorder (PTSD). A 2021 study by the Australian Rotary Club found nearly half of people who sustain mild to moderate injuries in a car crash experience psychological distress. The risk of developing PTSD is also significant, with 21% of people developing it within 6 months after the crash and 18% at 12 months.
If you experience emotional distress after a car accident, seeking help from a mental health professional is crucial.
More common in serious accidents, burns can cause immediate and long-term physical and psychological damage. Burns can be caused by fire, contact with hot surfaces like the engine or exhaust, or exposure to chemicals. Airbag deployment can also cause friction burns, especially for children.
Deep cuts or tears in the skin are referred to as lacerations. While minor cuts heal readily, severe accidents can cause “degloving” injuries, where underlying tissue is exposed. These injuries often require surgery and ongoing treatment.
Broken bones are a common consequence of car accidents, particularly in the hands, wrists, hips, spine, neck, and clavicles. Treatment can range from simple immobilisation with a cast to surgery, with recovery times and physical therapy needs varying depending on the severity.
This often-unseen injury can be life-threatening. Internal bleeding can occur in various organs like the liver, spleen, and kidneys due to the high impact of the crash. Seeking immediate medical attention is critical if you suspect internal bleeding.
Sprains, strains, and muscle tears are all considered soft tissue injuries. While typically not life-threatening, they can cause significant pain and limit mobility.
Car accidents can cause facial fractures, cuts, and even dental injuries. Treatment for these injuries depends on the severity and may involve dental work, plastic surgery, or other procedures.
The terminology used for major and minor car accident injuries varies by state.
In NSW, a major car accident injury is considered “above threshold” under the CTP (green slip) insurance scheme. This typically refers to injuries that are more serious and long-lasting than minor aches, pains, or soft tissue injuries (like whiplash).
Here are some examples of major car accident injuries:
These injuries often cause lasting impairments that impact daily life, such as difficulty performing daily tasks, reduced ability to work, or limitations in social activities.
Queensland and Victoria don’t specifically use the terms minor and major or threshold and non-threshold. Instead, they focus on specific injuries and the corresponding compensation categories associated with each.
Being injured in a car accident can be a devastating experience, and the last thing you should worry about is whether you’re entitled to compensation. Australian law protects a wide range of people involved in car accidents, regardless of whether you were driving, a passenger, walking or cycling:
It’s important to flag that this is not an exhaustive list, and the specifics of your situation will determine the best course of action.
If you’ve been injured in a car accident, consulting with a qualified motor vehicle accident lawyer can help you understand your rights and explore all potential avenues for compensation.
Determining fault in a road accident to settle a personal injury claim can be a multi-step process.
Rita Furfaro, Special Counsel at GMP Law, explains the process for assessing fault and eligibility to file a damages claim starts with establishing whether you bear full responsibility or not.
If you are responsible (less than 61% at fault) and have sustained major or serious injuries, you will still be eligible for statutory benefits and can pursue a damages claim.
If you are primarily responsible (over 61%) but not entirely to blame, you might still be eligible to claim damages (if you also have non-threshold injuries). Your compensation will be decreased based on the percentage of contributory negligence and you will no longer be able to receive statutory benefits. For example, if a pedestrian crossing the road fails to cross at a green pedestrian light or zebra crossing meeting and is determined to be 50% at fault, their final lump sum payout therefore will be reduced by 50%.
If you are entirely at fault, such as rear-ending someone without external factors involved, then you are not eligible for statutory benefits or a lump sum damages claim.
In many cases, both drivers present at the scene of a motor accident will claim the other person is at fault. If there are witnesses or camera evidence, this can help bolster a compensation claim. If not, the case may need investigation and fault will have to be determined by the Court.
In any case, there are common scenarios where fault is usually assigned:
Learn more: How is fault determined in a car accident?
Being in a car accident can turn your world upside down. The physical pain, emotional trauma, and financial stress can feel overwhelming. If someone else’s negligence caused your accident, Australian law allows you to seek compensation for your injuries.
An experienced personal injury lawyer will work with you to ensure you’re maximally compensated, but building your case is key.
Winning your compensation claim hinges on proving the other party’s fault.
Here’s what evidence can strengthen your case and the documents your lawyer will likely ask you for:
Discover how much compensation GMP clients have recently received for car accident injuries.
$325,000 | |
Compensation for car accident collision caused when changing lanes | $250,000 |
$1,900,000 |
In Australia, car accident injury claims typically focus on compensating you for the losses you experience due to the accident, particularly if the accident wasn’t your fault.
Here’s a breakdown of what you can claim for, along with examples of how it applies to major car accident injuries.
This covers all costs associated with treating your injuries, including ambulance fees, hospital stays, surgery, doctor visits, medication, physical therapy, and any future medical needs arising from the accident.
For example, if you suffer a spinal cord injury requiring surgery, ongoing physical therapy, and pain management medication, your medical claim expenses would cover these costs.
If your injuries prevent you from working, you can claim compensation for lost income during your recovery period. This may also include future lost wages if your injuries permanently impact your ability to work.
For example, a fractured leg that requires surgery and extensive physical therapy might prevent you from working as a construction worker for several months. Your lost wages claim would cover your income during that time.
This compensates you for the physical and emotional pain you experience due to the accident. The severity and duration of your pain and suffering will significantly impact the amount awarded.
For example, chronic pain and emotional distress resulting from a traumatic brain injury could qualify for significant pain and suffering compensation.
This covers the loss of your ability to perform everyday activities due to your injuries. This could include things like cleaning your home, caring for yourself, or participating in hobbies.
For example, a severe arm fracture might limit your ability to dress yourself or drive, leading to a loss of capacity claim.
The claims process can be complex, so consider consulting a qualified car accident lawyer to guide you through the steps. They can assess your case, determine if you have grounds for a claim, and estimate your potential compensation.
Here’s a simple breakdown:
Commonly asked questions concerning public liability compensation claims.
If you’ve suffered a major injury, you will be applying for common law damages in NSW. This is delivered as a lump sum payment.
To be eligible, you must be:
The claims process involves:
Learn more: NSW Motor Vehicle Accident Claims
While you ideally want to wait until you understand the full extent of your injuries, don’t delay filing a claim. In Australia, depending on what state or territory you are located in, you generally have between 6 months and 3 years from the accident date to lodge a claim.
Learn more: How Long After a Car Accident Can You File a Claim in Australia?
After filing your claim, here’s a general idea of what to expect:
Learn more: NSW Motor Vehicle Accident Claims
Ideally, you should enlist the help of a personal injury lawyer as soon as is practical after being injured in a car accident. A lawyer can ensure you receive all the compensation you’re entitled to, especially considering the potential financial strain from lost wages, immediate medical bills, and even ongoing costs if your injury causes chronic issues.
Don’t wait to seek legal help. Even if you don’t engage a lawyer right away, there may be times later when you realise you need a professional’s guidance. A lawyer with a strong understanding of personal injury lawyer can help you navigate the claim process and potentially secure multiple awards, such as CTP insurance and workers’ compensation (if applicable).
Two such times when you might engage a lawyer at a later date include:
Beware of the lowball offer. CTP insurers often make a quick settlement offer that falls short of what your claim is truly worth. Don’t be pressured to accept this initial amount.
GMP Law can help you build a strong case and fight to ensure you receive the maximum compensation you deserve for your injuries.
If the driver at fault fled the scene, finding them can be challenging. GMP Law can leverage the evidence you have and work tirelessly to track down the perpetrator and secure the compensation you deserve.
A car accident can turn your life upside down, but worrying about compensation shouldn’t be another thing on your plate. GMP Law has a team of qualified motor vehicle accident lawyers that can take care of the ins and outs of lodging and pursuing a claim while you focus on recovery.
In most cases, we can get the appropriate parties to offer a suitable settlement to avoid going to court. Typically we don’t advise accepting the initial offer, as it will be low and there will be pressure to accept it before you even know the full extent of your motor vehicle accident injury.
While most claims will be settled with the assistance of a qualified car accident lawyer, if you need to go to court, we have the resources to support you and will be by your side the entire way. We are committed to ensuring that you receive the car accident compensation you deserve.
We are one of the largest compensation claims specialists in Australia, winning over $4 billion for our clients. Contact Gerard Malouf & Partners today for no-obligation legal advice about your claim.
Book your free, confidential consultation with one of our personal injury lawyers using the form below, or simply call us 1800 004 878 for legal advice.
In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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