What damages can be recovered in a TAC common law claim?
There are 2 types of damage that can be recovered in a TAC common law claim. You can obtain an award for pain and suffering damages. You can also obtain an award for pecuniary (economic) loss damages. In rare cases, it is possible to obtain an award of damages for future medical costs (eg. see Question 20 above – Do I have to live in Australia to be covered by TAC?). However, in the vast majority of cases damages for future hospital, medical and like expenses are not recovered because the Scheme provides for an ongoing entitlement to have TAC pay hospital, medical and like expenses indefinitely, even after resolution of the common law claim. The maximum amount that can be awarded in a TAC common law damages claim for pain and suffering is currently $450,460.00. The maximum amount that can be awarded for pecuniary loss damages is currently $1,013,560.00. You should obtain expert legal advice in relation to the question of TAC common law damages.
