What is the impairment threshold?

• In order to file proceedings most states will require the victim to be assessed by an approved independent medical specialist to determine the extent of their injuries.
• If the injuries are deemed serious enough to meet an ‘impairment threshold’ then the person will be entitled to sue for damages.
• In NSW and Victoria the impairment threshold is measured by a percentage of whole person impairment. Whole person impairment is defined as an alteration to a person’s health status that is pain, damage or malfunction that is fixed, stabilised and unlikely to change substantially over the next year.
• In other states and territories impairment thresholds are determined by quantifying the loss that has been suffered since the negligence was discovered.
• You need to check the relevant legislation in your state and territory as the rules are different in each jurisdiction.