If you haven’t already done so, we recommend you start by reading our article on what you need to know before you lodge a lump sum claim.
If you’re ready to start your application for a lump sum, this article will guide you through the process.
Step 1 – Check your eligibility.
As long as your injuries have been assessed as non-minor, and you weren’t mostly at fault in the accident, you can make a lump sum claim for past and future loss of wages.
If your Whole Person Impairment (WPI) has been assessed as being over 10%, then you’re entitled to claim lump sums for both income loss and pain and suffering.
SIRA has approved a limited list of doctors who can do a WPI assessment. However, it’s well known within the industry that some doctors are more likely to provide a lower WPI assessment than others, favouring the insurer. An experienced specialist CTP solicitor can help you make sure your WPI assessment is done fairly so that you don’t miss out on compensation you’re entitled to.
Step 2 – When to claim.
If your injuries are non- minor but less than 10% WPI, then you can only lodge a lump sum claim 20 months after the date of the accident. This is because SIRA wants to ensure that your injuries have stabilised (as much as possible) so that a true assessment of the injuries and the impact they’ll have on your life can be made.
If your injuries are above 10% then you can claim your lump sum at any time.
Because of these time frames, many people will never make a lump sum claim as they will have returned to work in some capacity and be earning an income, so they may not feel that it’s worth pursuing. But these amounts can be substantial, so don’t be that person!
Step 3 – How to lodge your claim.
Click Here to download the application form to submit your own common law damages claim for a lump sum.
You’ll see that the claim form doesn’t specify whether you’re claiming for income loss or pain and suffering – it’s simply one form, that’s assessed by the insurer to determine whether you’re entitled to income loss only, or to a pain and suffering lump sum as well.
If your WPI has been assessed as being over 10%, and you’re entitled to both income loss and pain and suffering, it’s especially important to get advice from a specialist CTP solicitor before you lodge your claim, otherwise you could miss out on a substantial sum that you should be entitled to.
Step 4 – Getting help.
Common law damages claims are complex, but the lump sum amounts can be substantial. If you’ve had your common law damages claim rejected, don’t assume that’s the end of the matter – talk to a specialist CTP lawyer and find out what your options are. Better still, you can call our free advice line before you lodge your claim, and one of our specialist lawyers will assist you. It’s a free service.
Lump sum compensation payments can be substantial, so it’s important to understand your entitlements and make sure you don’t miss out.