ARTICLE · 31 DECEMBER 2024

Shouldering the Onus of Proving a Non-Threshold Injury

McCabes

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The onus is on the Claimant to demonstrate that the accident caused non-threshold injuries.

AustraliaLitigation, Mediation & Arbitration

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In Brief

A Claimant is not entitled to ongoing statutory benefits or common law damages where the only injuries sustained in the accident were threshold injuries.
The onus is on the Claimant to demonstrate, on the balance of probabilities, that the accident caused them non-threshold injuries.
Establishing causation involves both a medical determination (whether the alleged factor could cause or contribute to an injury) and an non-medical determination (whether the alleged fact did cause or contribute to the injury).

Facts

The Personal Injury Commission (PIC) published its decision in Toomey v Insurance Australia Limited t/as NRMA Insurance [2024] NSWPICMP 209 on 26 April 2024.

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