When an unexpected accident occurs and leads to injury, it can significantly affect all areas of one’s life. Thankfully, personal injury claims exist to help individuals get back on their feet. Such claims offer financial compensation to cover lost wages, medical treatment expenses, and sometimes even provide lump-sum payments. This article guides you through the personal injury claims process under Australian law.
Defining Personal Injury Claims A personal injury claim is a legal avenue that allows individuals to seek compensation for the financial costs incurred due to an injury caused by someone else. These injuries can either be physical—like fractures, ligament damage, and nerve damage—or psychological, causing conditions such as depression, anxiety, and PTSD.
Personal injury claims predominantly fall into four categories in the Australian context:
- Motor vehicle accidents
- Work or work event injuries
- Injuries occurring in public places (like supermarkets)
- Cases of medical negligence
Each personal injury case is unique, and it is important to seek professional advice to understand your specific situation.
The Australian Personal Injury Claims Process
Step 1: Immediate Medical Care The first priority after sustaining an injury is to seek medical treatment or first aid. The nature of this care will depend on the circumstances of the injury.
Step 2: Report the Injury It’s crucial to report your injury to the relevant authority as soon as possible. This could be your workplace manager or the police in the event of a motor vehicle accident.
Step 3: Doctor’s Assessment Have a medical professional assess your injuries to establish a formal record. This record is essential when claiming lost wages due to inability to work.
Step 4: Keep Detailed Records Maintain a comprehensive record of all information related to your claim. Include details like doctor’s appointments, pain levels, time off work, and activities you can no longer partake in because of the injury.
Step 5: Seek Legal Advice Consult a personal injury lawyer to guide you through the claims process. A lawyer can assist with lodging your claim, managing deadlines, and ensuring all relevant details are included.
Time Limits for Personal Injury Claims Different types of claims have specific time limits under Australian law:
- Motor vehicle accident: Lodge within 28 days for income support payments, and within three months to make a claim.
- Public liability: Three-year time limit to make a claim.
- Workers Compensation: Lodge within six months of awareness of the injury, with a three-year time limit to make a claim.
- Medical negligence: Three-year time limit to make a claim.
It’s important to remember that even if these timeframes have passed, it may still be worth consulting with a lawyer to see if you’re eligible to make a claim.
Understanding the personal injury claims process and its time limits is essential for securing the compensation you may be entitled to.
