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).
If you've suffered a traumatic brain injury (TBI) in a motor accident in New South Wales, understanding what evidence to preserve is critical. Under the NSW Compulsory Third Party (CTP) scheme, claims for TBI require specific documentation to support your case. This guide explains the evidence needed, how to retain records, and when to seek legal advice.
What Evidence Proves a Traumatic Brain Injury in a CTP Claim?
To establish a TBI claim under the CTP scheme, you must provide evidence of a brain injury caused by a motor accident. Key documents include:
- Medical records: Detailed reports from neurologists, MRI/CT scans, and specialist notes confirming the injury.
- Accident report: Police or insurer records detailing the incident, including vehicle details and witness statements.
- Witness accounts: Statements from people who saw the accident or observed your symptoms.
- Medical treatment records: Documentation of all therapies, medications, and rehabilitation sessions.
- Neurocognitive assessments: Tests showing cognitive impairments like memory loss, attention deficits, or speech difficulties.
SIRA's guidelines stress that TBI claims must demonstrate a direct link between the accident and the injury. For example, a 2023 SIRA case noted that a driver's memory loss and speech slurring, confirmed by a neuropsychologist, were essential to proving a TBI.
Records to Retain for TBI Claims
Preserving these records is vital:
- Medical records: Keep all documents from the first consultation to ongoing treatment. Highlight how symptoms worsened over time.
- Accident details: Save photos of the scene, vehicle damage, and any visible injuries. If you were a pedestrian or cyclist, note road conditions.
- Income and employment records: Show how the injury impacted your ability to work. This supports claims for lost wages or care costs.
- Care and support records: Document assistance from family, carers, or support groups. This is crucial for claims involving long-term care.
- Communication with insurers: Save all correspondence with the at-fault driver's insurer, including claims forms and responses.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident, unless the injury is not immediately apparent. For TBI claims, SIRA advises seeking medical attention promptly to avoid disputes over causation. If your claim is challenged, you may need to:
- Request a medical review: SIRA may require an independent assessment to confirm your injury.
- Submit additional evidence: Provide updated records if your condition has worsened.
- Seek legal advice: A solicitor can help challenge rejections or disputes over claim value.
When to Seek Independent Advice
If your TBI claim is denied or you're unsure about your options, consult a legal professional. SIRA's guidelines note that claims involving complex injuries like TBI often require expert legal support to navigate:
- Evidence thresholds: Proving a TBI can be subjective, and insurers may dispute the severity.
- Long-term consequences: TBI claims may involve future care costs, which require specialist financial advice.
- Dispute resolution: If SIRA rejects your claim, you may need to pursue a review or challenge the decision.
Final Steps for TBI Claimants
Retaining the right evidence is essential for a successful CTP claim. If you're unsure whether your records meet SIRA's requirements, or if your claim has been rejected, seek legal advice. Every claim depends on its own facts, and the evidence you preserve now can make a critical difference.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.