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In Victoria, the Wrongs Act 1958 (Vic) governs public liability claims for damages for personal injury and death as a result of negligence or fault.
Under the Wrongs Act 1958 (Vic), if a plaintiff can establish negligence or fault on the defendant’s behalf, the plaintiff may be awarded monetary compensation for the following types of damages:
The main threshold a plaintiff must satisfy under the Wrongs Act 1958 (Vic) is the ‘significant injury’ threshold in relation to General Damages. To be entitled to an award for General Damages, a plaintiff is required to establish that they have suffered a ‘significant injury’ as a result of the defendant’s negligence/fault. Pursuant to ss 28LB and 28LF(A) of the Wrongs Act 1958 (Vic), to categorise as a ‘significant injury’, the plaintiff’s injury must satisfy a whole person impairment percentage as follows:
Another threshold is in relation to Gratuitous Care damages. Pursuant to s28IA of the Wrongs Act 1958 (Vic), a plaintiff is only entitled to damages for gratuitous care if the services are for at least 6 hours per week for a period of at least 6 months.
The Wrongs Act 1958 (Vic) provides that the following caps apply to damages:
Emily Wright and our team are specialist personal injury lawyers who can assist you with your claim on a ‘No Win No Fee’ basis. If you would like advice in relation to a personal injury claim, please reach out to Emily Wright and Littles Lawyers today.
Further blogs in relation to Victorian personal injury claims written by our Emily Wright can be found on our website.