Matching Law With Medicine

A new Bill introduced into Parliament today will improve Victoria’s personal injury laws and provide fairer compensation to victims of negligence.

The Andrews Labor government changes come following recommendations made by the Victorian Competition and Efficiency Commission’s 2014 review of the Wrongs Act.

The Bill will remove some restrictions imposed by the Wrongs Act 1958 (Wrongs Act), offering better compensation for victims of negligence claiming damages for personal injury.

Victorians who suffer from spinal injuries will now have better access to compensation for non-economic loss, reflecting the fact that spinal injuries often have a major impact on a claimant’s overall quality of life.

Carers and parents who are injured will be given a limited entitlement to damages for loss of capacity to care for their dependants.

This recognises the value of carers in the home, and the significant financial stress that can be placed on families as a result of the injury or death of a parent or caregiver.

The Bill also seeks to increase the maximum amount of damages awarded for pain and suffering from $497,000 to $577,000, bringing it into line with the Victorian workers compensation scheme.

The Wrongs Act governs the regime for damages for personal injuries due to negligence or fault, such as falls in public places, or injury caused by medical negligence.

Quotes attributable to Attorney General Martin Pakula

“These changes provide a more just outcome for people who have suffered harm as a result of negligence.”

“This new bill will rectify some unfair limitations imposed by the Wrongs Act to ensure that deserving claimants will have improved access to compensation.”

“These amendments will lead to fairer outcomes for claimants in Victoria, without placing undue pressure on the price or availability of insurance.”