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How to Make a Personal Injury Claim.
Andrew Byrnes Law Group • April 23, 2020
Work-related injuries and illnesses are a common occurrence in Australia. Population-level surveys indicate that over half a million Australians experience at least one of these situations every year. Surprisingly, however, very few of these people are aware that they are entitled to make a claim to receive compensation and very few of them actually do make a claim.
We have assisted many clients in pursuing their personal injury claims, and are able to guide you through the relevant legal claim process in order to get the best possible result. In this article, we explain the process of making a personal injury claim.
If you have experienced a work-related injury—or any other type of personal injury sustained by the fault of another—then we hope this article will shed light on your situation.
The Legal Definition of Personal Injury
In the legal context, a personal injury refers to injury or harm to a person caused by another person or organisation. Personal injuries can (but don’t always) operate on the basis of fault, that is, establishing the responsible party (or their insurer if applicable) is liable for payment of compensation due to the injury being brought about by some sort of negligence or wrongdoing.
Personal injury can constitute both physical and psychological harm. Some of the most common examples of personal injury claims in Australia include motor vehicle injuries, workers compensation claims for work-related injuries and illnesses, public liability claims for injuries occurring on a property, medical negligence claims, and injuries resulting from the use of defective or faulty products.
Commencing a Personal Injury Claim
Given that a personal injury claim can be technical, the overwhelming majority of personal injury are best run with the assistance of a lawyer. The process of commencing a claim can take anywhere from a few months to a number of years, depending on the nature of the case and the parties involved.
A high proportion of the claims are settled before legal proceedings in Court take place. If you want to be part of this group, you will need to gather enough strong evidence and information in order to facilitate the process.
What You Need to Provide
In order to better guarantee that your claim is processed quickly and resolved successfully, your lawyer and you must be able to gather sufficient evidence to support it. These may include:
- An accounting of the medical expenses you have incurred and will continue to incur for your treatment.
- A medical report from a suitably qualified specialist outlining the cause and extent of your injury.
- A psychological report detailing any psychological trauma you have suffered due to the injury.
- A financial report indicating any past and future loss of income should your injury prevent you from going back to work.
- Any expert evidence to prove the negligence or wrongdoing of the liable party.
You must also be able to communicate with your lawyer other important information that might be relevant to your claim. These can include, but are not limited to, the following:
- Any injuries you have sustained before and after the incident in question. This will allow your lawyer to identify the proper extent of your claim.
- Whether you are filing for bankruptcy or divorce, as any compensation you receive from your claim might be subjected to those legal situations.
Conclusion
The amount of compensation you receive will vary depending on several factors. In any case, it is in your best interests to seek the help of an exeprienced lawyer who can guide you through the entire claim process and its steps in order to set things right.
We are personal injury lawyers serving Canberra, Wollongong, and surrounding locations in Australia. We can fight to make it right. Get in touch with us today if you need our help.
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