Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Pain and suffering claims under NSW Compulsory Third Party (CTP) laws require specific evidence to prove non-economic loss. This article explains the types of records to retain, how SIRA evaluates claims, and when to seek legal advice. The NSW Motor Accident Injuries Act 2017 and SIRA guidelines outline what injured road users must document to support their claim for pain and suffering.
Legal Framework for Pain and Suffering Claims
Under the Motor Accident Injuries Act 2017, pain and suffering claims are governed by Schedule 2, which outlines the categories of injuries and the evidence required to prove them. SIRA (State Insurance Regulatory Authority) administers CTP claims and requires detailed documentation to assess the extent of non-economic loss. Unlike common law claims, SIRA’s approach focuses on objective evidence such as medical reports, expert opinions, and incident records. For injuries meeting the 'threshold injury' definition (e.g., soft tissue injuries with neurological signs), SIRA applies specific rules about how long benefits are payable and what evidence supports a claim for ongoing suffering.
Key Evidence to Retain for Pain and Suffering Claims
To support a pain and suffering claim, injured individuals must retain records that demonstrate the impact of the injury on their daily life. Critical evidence includes:
- Medical records: Detailed reports from doctors, physiotherapists, and specialists showing the nature of injuries, treatment received, and how the injury affects mobility, sleep, or mental health.
- Incident reports: Police reports, witness statements, and photographs of the accident scene to establish the circumstances of the collision.
- Expert assessments: Reports from medical experts confirming the long-term effects of the injury, such as chronic pain, depression, or anxiety.
- Diary entries or journals: Personal records documenting how the injury impacts sleep, work, family life, or emotional well-being.
- Income and employment records: Evidence of lost wages or reduced earning capacity if the injury affects work performance.
SIRA requires these records to be submitted within 52 weeks of the accident for threshold injuries. For more severe injuries, evidence must show a direct link between the accident and the ongoing suffering.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for threshold injuries. For non-threshold injuries, there is no strict time limit, but delays may reduce the chances of securing full compensation. If SIRA disputes the claim, injured individuals can request a review or seek independent medical opinions.
When to Seek Legal Advice
If you are unsure whether your evidence meets SIRA’s requirements or if your claim is being disputed, it is advisable to consult a solicitor. Legal professionals can help ensure all necessary records are submitted and that your claim aligns with the NSW CTP scheme. Remember, every claim depends on its own facts, and the evidence must clearly connect the injury to the pain and suffering experienced.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.