Have you been injured in a road accident? Our specialised and experienced team of personal injury lawyers are experts in CTP injury claims.
CTP INJURY CLAIMS
CTP insurance, also known as Green Slip insurance, provides monetary compensation to road users who are injured, or to the relatives of those who are killed, in motor vehicle accidents in New South Wales.
It is compulsory for all NSW vehicles to be covered by Green Slip insurance. This is not to be confused with property damage insurance. Green Slip insurance covers only personal injuries compensation.
There are a number of different claims available to anyone injured, or to the relatives of anyone killed, in motor vehicle accidents.
The first type is a no fault claim for Statutory Benefits. The Statutory Benefits include payment of the injured person’s medical expenses, loss of wages or income and domestic assistance.
In fatal accidents the Green Slip insurer is obliged to pay reasonable funeral expenses, regardless of who was at fault.
Importantly, the Green Slip insurance scheme provides significant compensation to road users who have suffered serious injuries and loss and who can prove that the accident was the fault, or partial fault, of the driver of a motor vehicle (cars, buses, trucks, motor cycles, trams and even trains). Compensation of Common Law damages are paid as a tax-free, once and for all payment. Once a Common Law claim for damages is finalised, that’s it. There is no coming back for more if future losses have not been properly taken into account at the time of settlement, assessment or court hearing.
In fatal motor vehicle accident cases, relatives who were financially and/or personally dependent on the deceased are entitled to be compensated pursuant to the Compensation to Relatives Act. These claims can be very significant indeed, especially if the deceased was a high income earner and family members were at least partially, if not totally financially dependent on that person.
Common Law damages claims do not include claims for the cost of future medical treatment, therapy, psychological counselling and the like. Nor does it include any claim for future care/domestic assistance. These costs continue to be paid by the Green Slip insurer for 5 years after the accident. Thereafter, the responsibility for paying these costs shifts to the Lifetime Care and Support scheme, for as long as the injured person needs medical treatment and/or care.
In cases where the injured person lacks the mental capacity, under advice or to make decisions and give instructions to manage a large sum of money, because of severe brain injury, the Common Law damages claims include the cost of funds management. This funds management cost varies depending on the amount of the funds to be invested. The costs can be very significant.
Very few Common Law damages claims that arise from injuries suffered in motor vehicle accidents go to court. Most are either settled or assessed by an assessor, now called a member, of the Personal Injury Commission. If, however, liability is strongly in dispute and/or the injured person is a minor and/or the injured person has such significant brain damage that he or she is unable to provide instructions or to understand the nature of the proceedings, the claims will be decided by a judge of the District Court.
Where claims are settled for minors, or for claimants with severe brain injury, a judge of the District Court must approve any proposed settlement. Any application for an appointment of a Funds Manager must be made in the appropriate division of the New South Wales Supreme Court.
WHY CHOOSE STACKS GOUDKAMP FOR YOUR CTP INJURY CLAIM?
Many CTP claims are complex and stressful, particularly if the Green Slip insurer on risk is reluctant to admit liability and/or to pay for medical expenses etc.
Strict time limits apply which can be tricky for an uninitiated and inexperienced person.
Issues of liability and contributory negligence by the injured person are often difficult. Green Slip insurers often strictly contest and challenge liability. Insurers also can make life difficult for an injured person by disputing the severity of injuries, the causation of the injuries etc.
The exceptional motor vehicle accident lawyers at Stacks Goudkamp have many decades of experience in handling personal injury compensation claim, including CTP/Green Slip claims. They enjoy a very impressive track record of success.
The personal injury lawyers at Stacks Goudkamp have in-depth knowledge of the law and procedure and tremendous practical experience in dealing with insurers and injured persons. Furthermore, Stacks Goudkamp has the financial resources to fund the cost of the personal injury compensation claims it handles.
The lawyers at Stacks Goudkamp are also extremely compassionate. They care about their injured clients and always put the interest of their clients front and centre. They are also very reliable and in tune with the suffering and the anxiety suffered by their injured clients. The personal injury lawyers carefully explain all aspects of cases to their injured clients so that their clients can make well-informed decisions when the time comes to finalise claims.
Importantly, Stacks Goudkamp acts for injured people on a no win, no pay basis and also pays all the disbursements during the course of a claim. For example, the significant costs of medico-legal expert reports, liability expert reports, court filing fees.
You are encouraged to read our success stories page on our website in relation to CTP injury claims which we have successfully handled.
The timeframe for making claims varies, depending on the type of claims and the circumstances of the accident. It is very advisable for a claim to be lodged as soon after the accident as possible so that time limitation deadlines are not inadvertently missed.
The process differs according to when the accident happened. If the accident occurred before 1 December 2017 a Personal Injury Claim Form must be submitted within 6 months of the date of the accident. Other time limitation periods apply for lodging claims for accidents which occur after 1 December 2017. The first thing to be lodged is an Application for Personal Injury Benefits.
Yes, definitely. Compensation will be paid if you, as the injured person, is able to prove that the driver of a motor vehicle was at least partly to blame, regardless of whether you were also to blame. This is called contributory negligence. What this means is that if you are found guilty of any contributory negligence, the amount of compensation to which you will be entitled will be reduced by the percentage of your fault in causing the accident. For example, if the contributory negligence by you is 50% your compensation will be halved.
Whilst it is not compulsory to engage a lawyer to assist you with your claim, it is very wise to do so, particularly as the CTP/Green Slip insurer will have to pay most of your legal costs at the end of your claim, if your claim is successful.
It is a very stressful thing for an injured person to grapple with the complexities of our compensation scheme and to deal with insurance companies or their lawyers. The insurers are obligated to pay medical expenses etc, but no insurer is obliged to be reasonable when it comes to assessing the compensation to which you are entitled. That takes expert knowledge and experience, and significant negotiating skills if you are to receive the maximum compensation.
Yes. Psychological injuries such as depression, anxiety, post-traumatic stress disorder, panic attacks, nightmares etc, are just as serious, if not more serious, than physical injuries. If your psychological/psychiatric injuries are serious you may well be entitled to receive very significant compensation for pain and suffering and loss of earnings and earning capacity.
If you have been injured in a road accident accident, it can have devastating impacts on your life and finances. You may be able to initially receive compensation through at least the payment of your medical expenses and wages.
You may also be entitled to receive compensation for the following:
The amount of compensation you will receive depends on many factors. These include:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation