In the unfortunate event that you find yourself going through a compensation claim that has the potential to end up in court, it is important that you develop an understanding about the different legal terminology you will be exposed to in these scenarios.
The Optimum team has identified and broken down 10 of the legal terms you are most likely to be unfamiliar with below:
1. CTP
CTP stands for Compulsory Third Party Insurance. This insurance is mandatory when registering a vehicle with the Department of Transport. CTP Insurance protects you and provides for compensation for people injured or killed when your vehicle is involved in an accident.
2. Disbursements
Disbursements refer to the monetary amounts which are paid to third parties on the client’s behalf in connection to their personal injury claim. This includes obtaining medical reports from treatment providers and obtaining specialist Medico-Legal Reports. These disbursements are repaid out of the settlement funds when a claim is resolved.
3. Economic Loss
Economic loss refers to when someone has experienced loss of, or reduction in earning capacity. You may be eligible for compensation for economic loss if you have suffered financial loss as a result of your injuries affecting your ability to work. Economic Loss also includes consideration for lost superannuation.
4. Journey Claim
A journey claim arises when a personal injury is sustained while engaged in work-related travel. For example, you may be able to make a WorkCover claim if you suffered an injury in a motor vehicle accident on your commute to or from work.
5. Negligence
In cases where a duty of care exists (for example, an employer has a duty of care to their employees), negligence occurs when someone fails to act in a way that a reasonable person would, which causes another person damage, injury or loss as a result.
6. Notice of Accident Claim Form
The Notice of Accident Claim Form (NOAC) is necessary for all motor vehicle accident claims in Queensland. It includes your personal details, details of the accident, the vehicles involved and your employment details and CTP Medical Certificate. The NOAC is submitted to the insurer of the at-fault vehicle and is the first step to commencing a claim. Strict time limitations apply in relation to the lodgement of a Notice of Accident Claim Form, and they must be submitted within one month of retaining and initially consulting with a solicitor, and within nine months of the date of the motor vehicle accident.
7. Property Damage Claim
If your property is damaged in a motor vehicle accident, the party who caused the accident will be liable to pay for the damages to property, whether it’s your car or some other physical property. You will be entitled to a property damage claim against the insurer of the at fault driver.
8. “Stable and Stationary”
“Stable and stationary” refers to the stage in your claim when your condition is not likely to improve with further medical or surgical treatment. The term generally suggests that your injuries have reached maximum medical improvement, and all suitable rehabilitation has been carried out. If you are receiving workers’ compensation benefits as a result of your injuries, they will be ceased once your injuries become stable and stationary.
9. Statutory Claim
A statutory claim is a claim for worker’s compensation as a result of a workplace injury. As Queensland operates under a ‘no fault’ workers compensation scheme, Queensland workers can apply for statutory benefits no matter whom or what was at fault for their workplace accident. All claims in Queensland must first be lodged as a statutory claim through lodging an application for compensation with WorkCover Queensland or the relevant self-insurer. If the claim is accepted, the worker is entitled to payment of weekly benefits (for lost wages), medical expenses, hospital costs, rehabilitation costs, etc. A statutory claim will be closed when medical evidence determines that the worker’s conditions are stable and stationary.
10. Statutory Declaration
A Statutory Declaration is a formal statement of fact made by an individual which they conscientiously believe to be true. These sworn legal documents declare that the written statement is true and correct, and they must be witnessed by a Justice of the Peace, Commissioner for Declarations, or Lawyer. Statutory Declarations concerning a personal injury claim commonly pertain to the details of your accident, the financial losses suffered as a result and previous or subsequent illnesses or injuries.
The Optimum Compensation team are passionate about providing access and support to every client, and encourage as many questions as needed throughout a person’s compensation claim journey. If you are struggling with a compensation claim, please contact our team today for a free consultation.