Personal injury is a type of civil law. As suggested by the name, personal injury claims arise after a person has been injured. Claims commonly occurs after a car accident or an injury at work. This application is usually against the insurance agency of the party at fault.
If you have been injured, you have the right to make a claim seeking compensation for the cost of your injuries. You are only able to bring a claim for an accident once (the ‘one and for all’ rule). This means that any future loss needs to be calculated and accounted for in your claim.
You can claim compensation for a range of losses:
This is determined by an injury scale value (ISV). An ISV is greater depending on the type of injury and the severity of the injury. The value is equivalent to a set amount of money dependent on the date of injury. It is important to remember that injuries may also include psychological conditions that arise from the accident.
You are entitled to claim for the cost of any required treatment you have undergone. This may include costs such as attendances to general practitioners or specialists, appointments at physiotherapists or osteopaths, or any medication required.
Should you have required time off work to be able to manage your injuries, you may claim for any lost wages.
If your injuries are likely to impact your future work you are entitled to claim for any potential loss. Impacts may include changes in your ability in performing tasks, to find work or get promotions.
If you have required care as a result of your injuries, you can claim the costs involved. Care may include nursing care at home, but may also include cleaners or gardeners if you are unable to perform household tasks.
It is likely that you will require future medical assistance. This may include anything from pain medication potential future surgery. If this is considered to be a possibility, you may claim for any predicted future expenses.
Throughout the process you will need to gather diagnoses and prognoses from doctors and keep receipts of any expenses and payslips. You may be required to get an independent medical assessment to provide an estimation of future expenses.
There are strict time limits to bring your claim so you should get advice immediately.
After you make your claim, negotiations will need to take place. If unsuccessful, then a formal application can be brought before the Court to allow a Magistrate or Judge to decide on the amount of compensation.
It is very important that you seek immediate legal advice as strict time limits usually apply. Our team of lawyers at Brooke Winter Solicitors have a wide network partnership and can assist you with Personal Injury related matters.
Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
Download our free eBook to learn some fundamentals about how the system works and what to expect.
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