What happened

The plaintiff was a passenger in a 2013 accident and still experienced back, neck and shoulder discomfort during heavier activities at trial. Breach of duty was admitted, leaving damages for determination, and the court found no psychiatric condition attributable to the accident.

The issues

The main question was how far a student without an established career could prove future loss of earning capacity. The court also considered the effect of medical assessment certificates under the Motor Accidents Compensation Act 1999 on the care claim and whether a further assessment was justified.

The court's decision

Although improvement was likely, the court accepted that symptoms could restrict some physical work, including part-time work during study. It allowed AUD 15,000 for future earning capacity, rejected care on both legal and factual grounds, and entered judgment for AUD 21,639.85 with costs.

Understanding the figures

The historical AUD 21,639.85 judgment comprised AUD 3,639.85 in past expenses, AUD 3,000 in future expenses and AUD 15,000 for earning capacity. Past expenses were net of AUD 3,766.20 already paid by the insurer. AUD 18,000 was directed to management until adulthood, with the remainder released to meet or reimburse past expenses.

What this case shows

An unsettled career path does not necessarily exclude future economic loss, but the amount must be tied to demonstrated restrictions and prospects of recovery. Under the legislation applied here, medical assessment certificates had a conclusive evidentiary effect beyond that of ordinary expert opinion.

Why another case may differ

This decision applies the Motor Accidents Compensation Act 1999 to a 2013 accident. Non-economic loss was excluded by the applicable impairment threshold, and the care claim lacked factual support as well as facing the certificates. The AUD 15,000 buffer is not a standard amount for injured children.

Applying it to your claim

Different facts, evidence or procedures, an appeal, or a change in the law may affect how this decision applies. This is general information, not a report of a case handled by Park & Co Lawyers.

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