This is a growing collection of topics aimed at developing a broader understanding of personal injury claims to assist professionals in the medico-legal industry. While these are generally accepted principles, there may be differing opinions.

2 Accidents

There may be cases where the claimant is involved in 2 motor vehicle accidents and can claim loss of earnings for each.

The following scenarios may arise:
  1. The claim is for the 1st accident only, and the claimant does not have a claim for the 2nd accident (e.g. the claimant was at fault). In this case the 2nd accident should be treated like any other event that would have occurred in both the uninjured and injured progressions. There should be no loss attributable to the 2nd accident.
  2. The claim for the 1st accident has been instituted (and possibly finalised). The claim with respect to the 1st accident has no bearing on the claim with respect to the 2nd accident, and the uninjured earnings used to calculate the claim for the 2nd accident are those present just before the 2nd accident occurred (i.e. the injured earnings used for 1st accident).
  3. The claim for the 1st accident has not been instituted. If this claim has not prescribed, then the claimant can still institute a claim for the 1st accident. The uninjured earnings should be based on the earnings potential had neither accident occurred. The injured earnings should take into account both accidents. 
The attorney should specify whether the Industrial Psychologist and Actuary reports should address the 1st, 2nd or both accidents.

Industrial Psychologists should indicate which accidents and earnings progressions their report pertains to and provide the correct uninjured and injured progressions thereto.
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