Have you been injured in a public transport accident? Our specialised and experienced team of personal injury lawyers are experts in public transport injury claims.
PUBLIC TRANSPORT ACCIDENTS
Compensation is available for road users who are injured, or the dependents of a person killed as the result of accidents whilst travelling on or caused by public transport vehicles, namely buses, ferries, trams and even trains.
Public transport accident compensation is the same as other motor vehicle accident compensation claims made for injuries or death caused by the negligent driving of cars, motorcycles, taxis and trucks.
Claims involving physical and/or mental injuries on or caused by public transport vehicles can include compensation for pain and suffering, past and future loss of wages, loss of earning capacity, medical treatment, care/domestic assistance, special aids and equipment and the increased cost of transport/travelling.
Where the injuries suffered are catastrophic (eg, major spinal cord injuries resulting in paralysis, severe brain injury causing incapacity, bilateral limb amputation), the injured person will be admitted as a permanent participant in the Lifetime Care and Support scheme. This scheme provides the catastrophically injured person with lifetime care, including all domestic assistance, aids and equipment such as wheelchairs, modified transport and housing. Lifetime Care and Support is a non-fault scheme. In other words, the participant does not have to prove that his or her catastrophic injuries were caused by the negligence of the driver of a motor vehicle, motorcycle, truck or any public transport vehicle or conveyance.
Where a family member had died as a result of an accident involving a public transport vehicle or conveyance, caused by the negligence of the driver of the public transport vehicle, or if the transport accident was caused by the negligent driving of another vehicle, the family members who are financially and/or personally dependent on the deceased will be paid compensation for the loss of that dependency. Such claims are called Compensation to Relatives actions.
In cases where the physical or mental injuries are relatively minor or modest claimants can have their medical expenses paid and also receive a percentage of their lost earnings for a closed period of time, regardless of who was at fault for the accident.
In cases involving more serious injuries, and where liability can be established by the driver or operator of a public transport vehicle or conveyance, injured persons may be entitled to receive Common Law damages. Common Law damages claims include compensation for pain and suffering, past and future loss of wages and income, including loss of working and earning capacity. This compensation is paid by a single once and for all tax-free lump sum.
If the accident victim was partly to blame for the accident the Common Law damages will be reduced by the percentage of the accident victim’s contribution to the accident. The same applies if a person who dies as a result of a public transport accident was partially at fault.
A prerequisite for an accident victim to receive compensation for pain and suffering is that the accident victim’s whole person impairment must be agreed to be, or formally assessed to be, greater than 10%.
The current maximum amount an accident victim can recover for pain and suffering is $605,000. This sum increases on 1 October each year.
In a compensation to relatives claim arising from death caused by or involving a public transport vehicle, damages can be paid relatively quickly upon proof of financial and personal dependency on the deceased person. It is in effect a number-crunching exercise.
However, in cases involving personal injury, including mental/psychiatric injury, it is unwise for claims to be finalised before the injured person’s long-term future affected by the injuries can be reasonably accurately assessed. Some injuries, particularly serious orthopaedic injuries, can take a significant amount of time to sufficiently stabilise to make a reasonable calculation of the injured person’s future circumstances and losses.
In public transport injury claims involving children who have suffered serious brain injury it is sensible to wait until to child has reached adulthood before finalising such claims to see how the injury impacts on the child’s level of dependence and working and earning capacity.
Most compensation claims arising from public transport accidents (as is the case with accidents involving non-public transport vehicles) are settled following negotiations between the claimant’s lawyer and the representative for the insurance company on risk. Very few cases proceed to a court hearing. This generally only happens if there is a significant dispute on liability, ie who caused the accident, on quantum ie the seriousness of the injuries, or if the insurer makes an allegation that a claim is fraudulent.
The vast majority of settlements do not require any court approval. However, cases involving minors and claimants who have suffered such serious brain injury as to rob them of the capacity to understand the nature of their claim and the compensation to which they are entitled and/or to give instructions to their lawyers, must be approved by a District Court judge. In such cases the compensation claimed includes a claim for the cost of the compensation being managed by a professional funds manager. The appointment of a funds manager involves a separate application to the Supreme Court.
WHY CHOOSE STACKS GOUDKAMP AS YOUR PUBLIC TRANSPORTATION INJURY LAWYER?
The exceptional public transportation injury lawyers at Stacks Goudkamp have the experience, skill and knowledge to successfully handle compensation for injuries suffered in public transport accidents.
The insurers and their lawyers know that when dealing with lawyers from Stacks Goudkamp they are dealing with highly professional, reputable, and skilful lawyers for motor vehicle accidents who always put their clients’ interests ahead of their own. They are also aware of Stacks Goudkamp’s extremely high success rate.
Another reason to choose Stacks Goudkamp is that we act on a “no win, no fee” basis. We also pay all outgoings such as fees for medical reports, court filings etc… Our clients pay nothing during the course of the claims. Then, on the successful conclusion of claims the insurer pays a high proportion, if not all, of our clients’ legal costs.
In addition, Stacks Goudkamp’s lawyers are always compassionate and respectful towards their injured clients. They fight hard to ensure that insurers “do the right thing” during the course of a claim and then go on to achieve the best possible outcome at the end of the day.
Stacks Goudkamp’s lawyers take the time to fully inform their clients of their entitlement to compensation so that their clients can make well-informed decisions.
We encourage you to read some examples of claims that Stacks Goudkamp’s lawyers have successfully brought for public transport accidents in our bus accident compensation claim page.
Many thanks to you and your team. Karina is a STAR and passionate about getting the best and most for her clients. An absolute asset to your company!!!
I feel relieved, like a weight has been lifted and I can close that chapter and get on with what is next.
Public transport injury claims cover a wide range of accidents and vehicles/conveyances. These including accidents which occur on, or are caused by, the driving of buses, trains, trams, ferries.
Any person who has been injured in an accident whilst on, or by a public transport vehicle or conveyance is entitled to make a claim for compensation. Claims include the payment of medical expenses and lost wages/income without the injured person having to prove that the injuries were caused by the negligent driving of a public transport vehicle or some other vehicle.
More serious claims, for which the injured person will be compensated for pain and suffering and long-term loss of earnings etc require the injured person to prove that the accident was caused, either totally or partially, by the driving of the public transport vehicle or conveyance, or by another motor vehicle.
Public transport compensation injury claims include physical injuries such as fractures, head injuries, brain, and spinal injuries. They can also include major psychological injuries such as post-traumatic stress disorders (PTSD). Compensation is also available where the public transport accident has resulted in the death of a family member where members of the deceased’s family can establish that they were financially and/or personally dependent on the deceased person.
Yes, there are time limits, not only for lodging the initial claim for but also for commencing court proceedings or applications for assessment of claims to be lodged with the Personal Injury Commission (the PIC). It is therefore important for you to seek advice from an expert personal injury lawyer as soon after the accident as possible.
The answer is, yes. In most cases it is only necessary for the injured person to prove that the driver of the public transport vehicle or conveyance, or the driver of another motor vehicle, was partly to blame for the accident for the injured person to receive compensation. However, if the injured person was partly to blame for the accident, for example by running in front of a bus, the lump sum compensation will be reduced by the percentage of that person’s fault. For example, if the person is 50% to blame, the compensation will be reduced by 50%. This is called contributory negligence.
The insurer bears the onus of proving the extent of contributory negligence.
The conflict between accident victims and the insurers on the question of blame for the accident, is often very complex and difficult. It is therefore most important for those who have been seriously injured in an accident involving a public transport vehicle or conveyance to seek advice from an expert personal injury lawyer as soon as possible.
If you have been injured in a public transport 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