Key changes to Wrongs Act 1958

Key changes to Wrongs Act 1958

If you or someone whom you know has been injured, either in a public place or through medical malpractice, recent changes to the Wrongs Act 1958 passed by the Victorian State Government may apply to you.

Thanks to a detailed inquiry by the Victorian Government and the independent Victoria Competition and Efficiency Commission, along with other stakeholders, aspects of the Act have now been reformed.

Pentana Stanton Lawyers welcome these new changes which allow for the possibility of greater awards of damages, along with more generous terms of assessment. The Act regulates common law claims, including those arising from personal injury accidents in a public place or medical malpractice.

These changes include:

· An increase in the maximum amount of damages that can be awarded for non-economic loss (pain and suffering damages), from $497,780 to $577,050.

· Changes in the way in which economic loss is calculated for higher earners.

· A Court may now award compensation damages for loss of capacity to provide care to dependants in certain circumstances.

· A change in the impairment threshold for physical injuries, such as spinal injuries, when a person has suffered a significant physical injury.

· A change in the whole person impairment threshold for psychological injuries, where a person has suffered a significant psychological or psychiatric injury.

· Enabling the court to put a proceeding on hold until the individual making the claim provides a certificate of assessment and other documentation needed to pursue their claim.

As the new provisions apply to both new and existing claims, an injured person previously advised they have no claim, may in fact now have one.

Hiways lawyers

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