Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 20 January 2018.
Jason, 35 years of age, is involved in a motor vehicle accident on 2 December 2017, when a vehicle fails to stop and collides with the rear of Jason’s vehicle.
Jason receives a severe whiplash injury to his neck and suffers severe bruising to his chest and abdomen from his seatbelt.
Jason is a builder and as a consequence of his injuries, he is unable to return to work.
Jason sees a solicitor, who informs him that new legislation has come in to affect, which has drastically reduced the benefits for many claimants. He is advised that the whiplash injury and associated bruising to his neck, will likely only constitute a “minor injury”, entitling him to limited compensation for economic loss and medical expenses for just a maximum of 26 weeks.
Unfortunately, the whiplash injuries may persist well into the future.
Jason’s doctor confirms that it is quite possible that there may be long-term consequences relating to the whiplash injury which may hinder Jason’s ability to undertake full work activities and may continue to have a significant effect on his income earning capacity for the rest of his working life.
Jason’s solicitor advises him that in the circumstances, it is likely that he will not be compensated for any loss of income past 26 weeks and for any medical expenses past 26 weeks due to the fact that his injury is now defined as being only a “minor injury”.
Unfortunately, despite Jason being involved in the accident through no fault of his own, his claim is ultimately limited to a 26 week period and any losses that he suffers after this period will not be compensated under the new legislation.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
