In our previous article, Personal Injury lawyer Alice Church explained what Injury Scale Value was in relation to injuries suffered as a result of a motor vehicle accident.
This latest blog outlines what the Injury Scale Value threshold is and how it can affect you if you are injured in a car accident.
In motor accident claims, your entitlement to certain types of compensation such as non-economic loss, gratuitous services (voluntary assistance from your family) and future loss of earning capacity are subject to a threshold based on the overall Injury Scale Value (ISV) of your injuries.
Thresholds for compensation
The Civil Liability Act 1936 (SA) sets out the following thresholds for compensation which are specific to motor accident injury claims:
- Damages for non-economic loss (pain and suffering) are only available if the injured person exceeds an ISV of 10 points (i.e. 11 or higher).
- Damages for future loss of earning capacity are only available if the injured person exceeds an ISV of 7 points.
- Damages for gratuitous services are only available if the injured person exceeds an ISV of 10 points and they have been provided with care and assistance for a period of at least 6 hours per week for six consecutive months.
- Damages for loss of consortium are only available if the injured person exceeds an ISV of 10 points.
There are no ISV thresholds for damages for past economic loss, past paid care and assistance and past medical treatment and expenses.