The importance of your injury/s being ‘stable’ before pursuing a personal injury claim
Published on January 17, 2025 by Charles Harrison and Hillary Tsang
When pursuing a personal injury claim, a crucial element – and one your legal team can assist and advise upon – is ensuring that your injury/s have stabilised to the required degree.
This means that the stage of your injury/s have reached a point of maximum medical improvement. This may mean a full recovery for some and for others it may mean they have a more permanent or ongoing injury and / or disability for which a compensation claim can be pursued.
This is important because an entitlement of an injured individual to damages or compensation – whether in respect of a workers compensation claim, a motor vehicle accident claim, a public liability claim, or a medical negligence claim – is that you can only be compensated once. Therefore, you are ordinarily unable to make a further claim once your claim settles or is ruled upon by a Court and, equally, if your injuries improve into the future, the insurer/defendant involved is unable to come back to you seeking repayment of a portion of the compensation previously paid. It is consequently essential that an injured individual’s injuries have stabilised – out of fairness to both the injured individual and the defendant and / or insurer involved.
What Does “Stable” Mean?
One helpful example to understand the concept is this; if you intend to undergo medical treatment or surgery which may significantly alter the nature of the injury, then your injury is not yet “stable”. In legal terms, an injury is generally considered “stable” when it is unlikely to improve or deteriorate further to any significant extent within the next year, with or without medical treatment. Accordingly, if you are currently receiving or will receive further treatment, your solicitors are generally unable to meaningfully progress a compensation claim until the injury in question has stabilised. An injury being regarded as “stable” allows medical professionals to assess and evaluate the extent of the injury including its level of permanency in the future, its impact on your daily life, and predict any long-term effects.
How long it takes for an injury to stabilise depends on the nature of the injury. Some injuries will reach the point of stability quicker than others. This can vary depending on whether your injury is of a physical nature, a psychiatric nature, or involves loss of a limb (by way of examples).
The Wrongs Act 1958 (Vic) – the governing rules for compensation claims outside of workers compensation and motor vehicle accident claims – provides in Part VBA (‘Thresholds in relation to recovery of damages for non-economic loss’) that the relevant degree of whole person impairment assessment in this Part can be undertaken even “if not all of the injuries to the person have stabilised.”[1] This is relevant where you have sustained multiple injuries and some injuries have stabilised and others have not.
The Importance of Stability in compensation claims
- Accurate Assessment: When your injury/s are stable, it becomes easier to document your medical condition including whether it is likely to be permanent in nature. This clarity assists your solicitors in presenting a compelling case and to illustrate the real and actual consequences of your injury. Understanding the full extent of your injury/s is vital for calculating damages including medical expenses, lost wages, and pain and suffering.
For example, regarding workers compensation impairment benefit claims in VIC, the Victorian WorkCover Authority or relevant self-insurer has powers to suspend such a claim “because the condition of the injury of the worker is not stable[2].”
- Fair Compensation: If your injury/s are still fluctuating—meaning it could improve or worsen— it’s challenging to determine the extent of your suffering and financial losses. Compensation paid based on an unstable condition may lead to inadequate settlements, as future medical needs or lost income might not be fully considered. Therefore, if your injury significantly worsens after you have already received compensation for the injury, you will be unable to pursue further compensation that you otherwise may have been entitled to.
How to Achieve Stability
This is ordinarily evidenced by way of a report from an approved medical practitioner (which your lawyer can seek on your behalf).
Achieving a stable condition can and does require the passage of time and thorough medical treatment. Engaging with healthcare professionals, following treatment plans, and participating in rehabilitation are crucial steps. Documenting your recovery process and maintaining regular communication with your medical providers will also aid in establishing the stability of your injury.
Conclusion
In summary, the stability of your injury/s is an essential aspect of pursuing your personal injury claim and ensuring that you receive the fair and just compensation which you deserve.
If you have any questions, please get in contact with Carroll & O’Dea Lawyers.
We have an excellent team of personal injury specialists to assist with your claim and will act on a ‘no win no fee’ basis.
Please note that this article does not constitute legal advice. If you are seeking professional advice on any legal matters, you can contact Carroll & O’Dea Lawyers on 1800 059 278 or via our Contact Page and one of our lawyers will be able to assist you.
[1] Wrongs Act 1958 (Vic), section 28LH(2).
[2] Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), section 200(1)(b).
