Immediate Actions After a Traumatic Brain Injury
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you have sustained a traumatic brain injury in a motor accident in New South Wales, taking prompt and informed steps is essential. The Motor Accident Injuries Act 2017 (MAIA) governs compensation for such injuries and provides a structured process for claiming support. Your first priority must be to seek medical attention, as brain injuries can present delayed symptoms and require urgent assessment. Document all medical interactions, including diagnosis, treatment plans, and any recommendations for rehabilitation or specialist care. This documentation forms the foundation of your claim.
You must also report the accident to the insurer of the vehicle that caused the injury. This is typically the Compulsory Third Party (CTP) insurer of the at-fault driver. Reporting within a reasonable time helps preserve your rights under the MAIA. Failure to notify may affect your ability to claim, particularly if the insurer cannot investigate the claim due to delay.
What You Can Claim Under NSW CTP Law
Under the MAIA, you may be entitled to several forms of support following a traumatic brain injury. These include:
- Treatment and care benefits to cover medical treatment, therapy, and support services
- Weekly income payments if you are unable to work due to the injury
- Damages for pain and suffering, loss of enjoyment of life, and future care needs, if your injury meets the threshold for damages
A traumatic brain injury may qualify as a threshold injury, which allows you to claim damages. However, the law restricts damages to cases where the injury results in a permanent impairment of at least 10% of the whole person, as assessed under the Motor Accident Guidelines. If your injury does not meet this threshold, you may still receive treatment and care benefits and weekly payments, but damages will not be available.
Evidence That Matters in the Early Stages
The strength of your claim depends on the quality and timeliness of evidence collected soon after the accident. Essential records include:
- Medical reports from neurologists, psychiatrists, or rehabilitation specialists
- Diagnostic imaging, such as MRI or CT scans, showing brain injury
- Records of cognitive or behavioural changes, including assessments from psychologists
- Witness statements describing the impact of the accident and any immediate changes in your behaviour or function
- Photographs of the accident scene, vehicle damage, or personal injuries
- A written account of the accident from you, including the sequence of events and any symptoms you experienced immediately after
Preserve all correspondence with insurers, medical practitioners, and employers. These documents may later support claims for lost income, future care needs, or changes in your capacity to work.
Time Limits and Procedural Requirements
There are time limits that may affect your ability to claim. You must notify the CTP insurer of your claim within three years of the accident date. However, it is strongly advisable to begin the process as soon as possible, particularly for brain injuries, which often require long-term management and assessment.
If you are claiming damages, the law requires that you undergo a formal assessment of whole person impairment (WPI) by an accredited medical assessor. This assessment determines whether your injury meets the 10% threshold. The process can take several months, so early engagement with a medical practitioner experienced in brain injury assessment is critical.
When to Seek Legal Advice
A traumatic brain injury can significantly impact your daily life, mental health, and ability to return to work. The legal process under the MAIA is complex, particularly when assessing long-term outcomes, future care needs, and impairment. You may need to consider whether to pursue a claim for damages, which requires proving that your injury meets the threshold and that you have suffered a permanent loss of function.
If you are unsure about your rights, the type of benefits available, or whether a damages claim is appropriate, it is advisable to seek independent legal advice early. A solicitor can help you understand the process, ensure your evidence is properly documented, and assist in negotiating with the insurer.
Hypothetical Example
A cyclist in Sydney sustained a head injury after being struck by a car at a roundabout in February 2026. The injury resulted in ongoing memory problems, difficulty concentrating, and emotional instability. The cyclist sought medical assessment within a week and was diagnosed with a mild traumatic brain injury. Over the next six months, they underwent neuropsychological testing and were referred to a rehabilitation program. They began claiming treatment and care benefits under the CTP scheme and later underwent a WPI assessment. The assessment confirmed a 12% impairment, meeting the threshold for damages. The claim was supported by medical reports, therapy records, and a detailed account of functional impact. This example illustrates how early medical engagement and documentation are critical to a successful claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.