- within Privacy topic(s)
- with Senior Company Executives, HR and Finance and Tax Executives
- with readers working within the Business & Consumer Services, Insurance and Metals & Mining industries
What is a personal injury claim?
A personal injury claim is a legal claim for compensation when you have been injured. This may include physical injuries, psychological injuries or a combination of both. In most cases, a claim arises when you are injured due to someone else’s negligence or fault. However, some personal injury claims can be for “no fault” injuries, including statutory workers compensation and some statutory CTP benefits.
What types of personal injury claims are there in NSW?
Personal injury claims in NSW may arise from motor vehicle accidents, workplace injuries, public place accidents (such as slips and falls), medical negligence, recreational activities, intentional acts and other incidents where a person is injured, often (but not always) due to negligence.
How do I know if I am eligible to make a claim?
Eligibility depends on the type of injury, how it occurred and the applicable compensation scheme. In many cases there are thresholds, time limits and procedural requirements that must be met before a claim can proceed. A Carroll & O’Dea lawyer can advise you on your eligibility to make a claim.
Is there a time limit to make a personal injury claim?
Yes, strict time limits apply to personal injury claims in NSW and these vary depending on the type of claim. If you miss a deadline, you may lose your right to compensation so it is important to seek legal advice as soon as possible after an injury.
What compensation can I claim for a personal injury?
Compensation may include medical and treatment expenses, loss of income, care and assistance needs and in some cases compensation for pain and suffering. The types of compensation available depend on the nature of the injury and the relevant legislation.
Do I have to go to court to resolve my claim?
Not necessarily. Many personal injury claims are resolved through negotiation, compulsory dispute resolution processes or mediation. Court proceedings are generally a last resort if a matter cannot be resolved earlier.
What should I do after being injured?
You should seek medical attention as soon as possible and report the incident to the relevant authority or insurer. Keeping records such as medical reports, expenses and incident details can be important if you later make a claim.
When should I speak to a personal injury lawyer?
It is best to seek legal advice as early as possible after an injury. A lawyer can explain your rights, help you understand the relevant compensation scheme and guide you through the claim process.
Will my personal injury claim cost me money upfront?
In some circumstances we may act on a ‘no win no fee’ basis for personal injury matters, meaning legal fees are generally only payable if the claim is successful. The specific arrangements for your circumstances can be discussed with our lawyers before proceeding.
How long does a personal injury claim take?
The time it takes to resolve a claim varies depending on the type of injury, the complexity of the matter and whether liability is disputed. Some claims are resolved within months, while others may take longer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
