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Fortune Manning Discuss Compensation for Injuries Caused in an Accident

Friday 28 April 2017, 11:18AM

By Beckie Wright

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In New Zealand we do not have the type of litigation system that they have in the USA, where victims are able to sue for large sums of money when they have been injured as the result of an accident.  As Fortune Manning Lawyers explain, the introduction of ACC closed many avenues of seeking compensation by victims of a crime, which also includes motor vehicle accidents.  Any compensation was limited to the payments made by ACC.  However, this has now changed.

Fortune Manning say, if you have been a victim in any crime, which includes being injured in an accident where someone has been charged for causing it, you are entitled to seek your losses as reparation, which is a big step in the right direction.  This includes any loss of earnings.  Loss of earnings are usually the biggest component of a person's loss.  However, ACC only covers 80% of a person's salary after a stand-down period.  This is, however, capped at $1,877.89 per week.  For those earning above this sum, a claim for reparation is now possible through the Courts.  You can also claim for other losses that have not been covered by ACC or any other insurance.

For those who are injured it also means that there is an ability to be compensated for their losses.  Fortune Manning have seen that the prosecution in many cases have failed to properly apply the changes in the Sentencing Act at sentencing.  The focus needs to shift from achieving the maximum sentence possible to achieving the best outcome for the victim.  That is why reparation has been given priority in the Act.  Victims are incorrectly being told to pursue civil remedies that would defeat the purpose of the reparation regime.  So if you are a victim, Fortune Manning strongly suggest that you obtain proper advice before preparing a Victim Impact Statement.

For those who have been charged with a driving offence causing injury or death, the likelihood of high reparation awards against them is now a reality.  However, it is likely that their motor vehicle policy will cover the likely costs.  So if you are charged with careless driving or dangerous driving causing injury or death, you need to call Fortune Manning immediately so they can not only advise you on your charges in Court but also your entitlements under your insurance policy.

For more information on Fortune Manning and their legal services, please visit the website at http://www.fortunemanning.co.nz .