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WA Car Accident - How to Quantify Losses to the ICWA?

Discussion in 'Insurance Law Forum' started by Jon exmouth, 18 April 2016.

  1. Jon exmouth

    Jon exmouth Member

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    Hi,

    I have been involved in a car accident which has left me unable to resume my pre-accident role. The doctors have said more than likely I would have ongoing problems that may never settle, however, this does not mean that they would not. This then leaves my case hard to determine how long I will suffer these effects and to what degree the pain will affect me.

    So, at the moment, I do not enjoy the simple things most people enjoy, finding employment is impossible with no money to retrain. I have a case with ICWA which my lawyer says they would only cover 5% of my total losses due to the uncertainty of my recovery time and the actual amount of pain I am in as there is only my word to testify the pain level and severity.

    Does anyone have any information on how to make them aware of the pain and suffering that you are experiencing and the thing that make everyday tasks impossible?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Generally where there is no physiological testing that can prove pain and suffering, they go off your testimony to doctors etc in medical reports and medical notes and observations of medical professionals as to your range of movement and what you are able to do.

    Insurance companies may also engage surveillance to watch you going about ordinary daily activities to determine whether your life is as limited as you claim. Future economic loss is generally a big ticket head of damage and can be calculated by a variety of methods. Lawyers often work it out by determining the difference between what you would have earned had the accident not occurred and what you will earn now as a result of the accident.
     

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