If your child was injured in a motor accident in New South Wales, preserving evidence is critical to support a Compensation for Injuries and Wrongful Death (CCT) claim. This guide explains which medical, legal, and financial records to keep, how to organize them, and why documentation is essential under the Motor Accident Injuries Act 2017.
What Medical Records Are Essential for a Child Injury Claim?
Medical records are the foundation of any CTP claim. Parents should collect:
- All medical reports from doctors, specialists, and allied health professionals
- Diagnostic imaging results (X-rays, MRIs, CT scans)
- Treatment records, including medication lists and therapy notes
- A detailed account of symptoms, including when they began and how they affect daily life
- Specialist reports from paediatricians, neurologists, or physiotherapists
For example, if your child has a soft tissue injury meeting the threshold injury criteria under the Motor Accident Guidelines, medical records must clearly show neurological signs or spinal nerve-root injuries as defined by SIRA.
How to Organize Evidence for a Child's CTP Claim
Create a chronological record of events and medical care:
- Document the accident date, time, location, and vehicle details
- Save witness statements, CCTV footage, and accident reports
- Keep copies of all medical appointments, prescriptions, and treatment plans
- Track income loss for parents who had to take time off work
- Preserve communication with insurers, including dates and correspondence
Organize documents by category: medical records, accident details, financial impact, and legal correspondence. This helps demonstrate the full extent of your child's injuries and the financial consequences.
Legal Documentation Required for Child Injury Claims
In addition to medical records, you'll need:
- Proof of the other party's insurance coverage
- A completed CTP claim form from SIRA
- Evidence of the child's pre-accident condition (e.g., school reports, activity records)
- Documentation of any long-term care needs or future medical expenses
Under the Motor Accident Injuries Act 2017, claims must be submitted within 52 weeks of the accident unless an extension is granted. Delaying documentation could jeopardize entitlements to weekly benefits or treatment and care payments.
Why Record-Keeping Matters for Child Injury Claims
Accurate records help prove:
- The nature and severity of injuries
- The impact on the child's development and daily life
- The financial cost of treatment and lost income
- Compliance with the 52-week statutory limit for weekly benefits
Without proper documentation, insurers may dispute claims or limit payouts. For instance, if your child's injuries meet the threshold injury definition but recovery is incomplete after 52 weeks, you may need to demonstrate ongoing impairment to qualify for extended benefits.
Time Limits and When to Seek Advice
You have 52 weeks from the accident date to submit a CTP claim unless an extension is approved. If your child's injuries require long-term care, you may need to apply for a 'lifetime care' assessment under the Act. Always consult a legal professional before missing deadlines or submitting incomplete evidence.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.