In 2024, the Transport Accident Commission (TAC) reported a 15% increase in nervous shock claims related to witnessing transport accidents in Victoria. These traumatic events can have lasting psychological impacts on bystanders and loved ones of those directly involved.
If you’ve experienced something similar, you may be entitled to compensation through a nervous shock claim.
At Maxiom Lawyers, our TAC claim lawyers understand the profound effect these incidents can have on your mental health and quality of life.
In this article, we’ll focus specifically on TAC claims for car and road incidents in Victoria and explore the ins and outs of nervous shock claims in Victoria by helping you navigate this challenging process.
What is a Nervous Shock Claim?
A nervous shock claim is a type of compensation claim for psychological injuries sustained by witnessing a traumatic event or its immediate aftermath.
In Victoria, the Transport Accident Act 1986 recognises nervous shock as a compensable injury, allowing you to seek compensation if you’ve developed a psychiatric illness after witnessing a transport accident or seeing a loved one seriously injured.
Examples of Nervous Shock:
Witnessing a Fatal Accident: Seeing a loved one or another person killed in a transport accident.
Observing Severe Injuries: Watching someone sustain serious or life-threatening injuries in an accident.
Experiencing Immediate Aftermath: Arriving at the scene shortly after the accident and witnessing the traumatic aftermath.
Involvement in the Accident: Being directly involved in a transport accident and witnessing the injuries or fatalities of others involved.
Helping at the Scene: Providing assistance at the scene of a traumatic accident and being exposed to graphic or distressing scenes.
Suffering an Injury or Being Informed About an Incident: Experiencing psychological trauma from being injured in an accident or receiving news about a loved one’s involvement in a traumatic incident.
These types of experiences can lead to significant psychological distress, often referred to as nervous shock.
If you’ve suffered such an injury, you may be eligible for compensation under the Transport Accident Act 1986 in Victoria. This Act recognises the severe impact that witnessing traumatic events can have on mental health and provides a pathway for affected individuals to seek support and compensation.
Knowing what to do after a car accident in Victoria is crucial to ensure your claim process is handled correctly. It’s important to gather all necessary information, report the accident to the authorities, and contact your insurance company promptly. Understanding these steps can make a significant difference in managing the aftermath of an accident efficiently and effectively.
How to Know if You Qualify for a TAC Nervous Shock Claim
To be eligible for a nervous shock claim in Victoria, you must meet the following criteria:
- You must have witnessed a transport accident or its immediate aftermath.
- You must have developed a diagnosable psychiatric illness as a result of the incident.
- Psychiatric illness must be directly caused by or arising out of the use of a road or transport vehicle.
- Requires formal diagnosis from a qualified medical professional.
It’s important to note that simply feeling upset or distressed after witnessing an accident is not enough to qualify for a nervous shock claim.
You must have a formal diagnosis from a qualified medical professional, such as a psychiatrist.
Is There a TAC Claim Time Limit on Nervous Shock?
Yes, there are strict time limits for lodging a TAC claim for nervous shock:
- You have 12 months from the date of the accident to lodge a claim.
- If your psychological injuries became apparent later, you have 12 months from the date the injuries first became evident.
- For TAC common law claims, you generally have six years from the accident date or the day you became aware of your injury.
- Minors have until 12 months after they turn 21 to lodge a claim.
- For adults, the standard deadline applies under TAC claims, which is 12 months from the accident date.
It is critical to respond quickly since failing to meet these deadlines may result in the loss of your entitlement to compensation.
You may be able to obtain an extension of time from the court, but this is not guaranteed. Prompt action is recommended to avoid missing these important deadlines and to ensure you receive the compensation you may be entitled to under the Transport Accident Act 1986 in Victoria.
How to Claim TAC claim for Nervous Shock
To claim Transport Accident Commission (TAC) compensation for nervous shock in Victoria, follow these steps:
- Seek medical attention: Consult a psychologist or psychiatrist for diagnosis and treatment.
- Lodge a TAC claim: Submit a claim to the TAC within 12 months of the incident.
- Gather evidence: Collect medical reports, witness statements, and other documentation.
- Consult our lawyers: Speak with Maxiom Injury Lawyers to understand your rights and maximise compensation.
- Pursue statutory benefits: If the claim is accepted, you may receive medical expenses, income support, and other benefits.
- Consider a common law claim: You may be eligible for additional compensation through a common law claim.
There are two different types of lump sums available:
- An impairment benefit claim: This is based on the level of permanent impairment resulting from the injury.
- A common law damages claim: This includes compensation for pain and suffering and economic loss.
For more information on lodging a TAC claim, visit the Transport Accident Commission website, or reach out to our road accident lawyers in Melbourne for a more personalised consultation.
How, do you Prove Nervous Shock?
If you believe you may have a nervous shock claim, follow these steps:
- Seek medical attention: Consult a psychologist or psychiatrist for a formal diagnosis and treatment plan.
- Lodge a TAC claim: Submit a claim to the TAC as soon as possible, ideally within 12 months of the incident.
- Gather evidence: Collect medical reports, witness statements, and any other relevant documentation to support your claim.
- Consult our lawyers: Speak with one of our highly skilled TAC lawyers to be certain that you understand your rights and receive the maximum compensation possible.
- Pursue statutory benefits: If your claim is accepted, you may be entitled to medical expenses, income support, and other benefits.
- Consider a common law claim: In some cases, you may be eligible for additional compensation through a common law claim.
Steps to Proving Nervous Shock
To successfully prove a nervous shock claim, it is essential to establish the connection between the psychological injury and the transport accident.
This involves:
- Medical evidence: Obtain detailed medical reports from your psychologist or psychiatrist that clearly outline the diagnosis, treatment plan, and the direct link between the nervous shock and the transport accident.
- Incident evidence: Gather any documentation related to the transport accident, including police reports, witness statements, and any other relevant information that supports your claim.
- Ongoing impact: Provide evidence of how the nervous shock has impacted your daily life, including any ongoing treatment, therapy, or medication required.
Case Study: TAC Mental Shock Claim
Take a look at our client case study for a real-world example:
Incident
- Notification: A single mother received a distressing call from the hospital informing her that her daughter was in critical condition following a transport accident.
- Accident Details: The daughter and her son were passengers in a Ute driven by their father, who drove over an embankment while under the influence of drugs.
- Injuries: The daughter sustained life-threatening injuries.
Immediate Psychological Impact
- Mother’s Reaction: The mother rushed to the hospital, overwhelmed with fear that her daughter would die.
- At the Hospital: She was confronted with the traumatic sight of her daughter on life support, leading to severe nervous shock.
Psychological Condition
- Diagnosis: The mother developed Post Traumatic Stress Disorder (PTSD) as a result of the traumatic experience.
- Treatment: She began treatment with a psychologist and took anti-depressant medication to manage her condition.
- Work Impact: Despite her psychological struggles, she continued to work in a limited capacity to provide for her family.
Legal Action
- Driver’s Conviction: The father was convicted of reckless driving and sentenced to prison.
- Common Law Claim: The mother, with the help of Maxiom Injury Lawyers, made a common law claim for her psychiatric injury.
- Compensation: She was awarded $125,000 in common law damages for pain and suffering.
What is Covered under Nervous Shock Claim?
If you qualify for a nervous shock claim, the following expenses may be covered under your claim:
- Medical and Like Expenses: Coverage includes all necessary medical treatments related to your psychological injury. This can involve consultations with psychologists and psychiatrists, therapy sessions, and medication costs.
- Income Support: If your psychological injury impacts your ability to work, you may be eligible for income support payments. These payments help replace lost wages and ensure you can maintain financial stability while recovering.
- Lump Sum Impairment Benefit: If your psychological injury leads to a permanent impairment, you may qualify for a lump sum payment. This benefit compensates for the long-term impact of your injury on your quality of life.
- Travel and Accommodation Expenses: In some cases, you may need to travel for treatment or require accommodation during your recovery. The TAC can cover reasonable travel and accommodation expenses related to your medical care.
- Common Law Damages in Cases of Serious Injury: If your psychological injury is classified as serious, you may pursue additional compensation through a common law claim. This can include damages for pain and suffering, as well as economic loss due to reduced earning capacity.
- Funeral Expenses: In the tragic event that a transport accident results in the death of a loved one, the TAC can cover funeral expenses. This benefit helps alleviate the financial burden during a difficult time.
Understanding the range of compensations available can help you better navigate your claim and ensure you receive the support you need. For comprehensive assistance, consider consulting with Maxiom Injury Lawyers to explore your options and maximise your compensation.
Common FAQs About TAC Claims
Does TAC Cover Loss of Income?
Yes, the Transport Accident Commission (TAC) provides income support for eligible claimants who are unable to work or have a reduced capacity to work due to their injuries. This support is designed to help you maintain financial stability while you recover from your injuries.
The amount and duration of income support depend on the severity of your injury and your individual circumstances. It is essential to provide all necessary medical documentation and proof of income to ensure you receive the appropriate support.
What is the Current Common Law Test That a Plaintiff Must Satisfy in Order to Claim for Pure Nervous Shock? What is Reasonable Foreseeability in Nervous Shock?
To claim for pure nervous shock under common law in Victoria, the plaintiff must satisfy the following test:
- A Recognised Psychiatric Injury: The plaintiff must have a medically recognised psychiatric injury, such as Post Traumatic Stress Disorder (PTSD), anxiety, or depression.
- Proximity to the Incident: The plaintiff must have been in close proximity to the traumatic event, either by being present at the scene, witnessing the event, or being involved in its immediate aftermath.
- Reasonable Foreseeability: It must be reasonably foreseeable that a person of normal fortitude would suffer a psychiatric injury as a result of the defendant’s negligence. This means that the defendant should have anticipated that their actions or omissions could cause psychological harm to someone in the plaintiff’s position.
Reasonable foreseeability in nervous shock claims requires demonstrating that the psychological injury was a predictable outcome of the traumatic event caused by the defendant’s negligence.
Who is Considered a Dependent?
A dependent is someone who relies on the injured or deceased person for financial support or care. In the context of TAC claims, dependents can include:
- Spouse or Partner: A husband, wife, or de facto partner.
- Children: Biological, adopted, or stepchildren who are financially dependent on the injured or deceased person.
- Other Relatives: Parents, siblings, or other relatives who are financially dependent on the injured or deceased person.
Understanding Dependency Claims in Victoria:
In the context of TAC claims, dependency claims can be made by those who were financially dependent on a person who has been injured or killed in a transport accident.
Dependency claims ensure that the dependents receive financial support following the loss of their provider.
Qualifying as a Dependent:
To qualify as a dependent, the relationship and financial dependency must be clearly established. Dependents may be entitled to various forms of support, including:
- Income Support: Payments to replace lost wages of the injured or deceased person.
- Medical Expenses: Coverage for ongoing medical treatments and support services.
- Lump Sum Payments: Compensation for loss of financial support and other expenses
How Maxiom Injury Lawyers Can Help
Maxiom Lawyers is a team of experienced personal injury lawyers who understand the complexities of nervous shock claims and the profound impact these experiences can have on your life. Our experienced team of TAC lawyers can:
- Provide expert guidance on your legal rights and entitlements
- Handle all communication with the TAC on your behalf
- Gather and present compelling evidence to support your claim
- Negotiate for maximum compensation
- Represent you in court if necessary
We work on a No Win, No Fee basis, ensuring you can access quality legal representation without upfront costs. Our compassionate approach and deep understanding of TAC laws in Victoria make us the ideal partner in your journey towards compensation and recovery.
Contact Maxiom Injury Lawyers today for a free, no-obligation consultation and take the first step towards getting the compensation you deserve.
