In Victoria, Australia, if you’ve suffered a personal injury, the process to seek legal advice and pursue a claim generally involves these steps:
- Identify the Type of Claim: Your claim might fall under different categories such as WorkCover claims, TAC (Transport Accident Commission) claims, or the Wrongs Act, depending on the nature of your injury.
- Time Limits: There are specific time limits for submitting your claim, which depend on the type of claim. For example, WorkCover claims should be submitted within 30 days of the injury occurring, TAC claims should be submitted within one year of the accident, and claims under the Wrongs Act should be submitted within three years of the injury. There are exceptions and extensions to these time limits in certain circumstances.
- Lodge Your Claim: The settlement you might receive depends on your specific situation, such as how much time you’ve missed at work, whether you’re able to return to work, and the impact of your injury on your mobility. If you lodge a claim for WorkCover and TAC, you may initially be able to access up to 95% of your wages, as well as treatment and medical costs.
- Consider the Nature of Your Claim: If you’re making a lump sum claim, factors such as your future income earning potential and likelihood of needing further medical treatment will be considered. If you’re making a claim for pain and suffering, it’s important to note that this is subjective and depends on the extent of your physical or psychological impairment.
- Tax Implications: Personal injury claims are separate from your regular income, so if you receive income support payments, or a lump sum claim, it isn’t necessarily taxed. Note that receiving income support payments might affect other benefits you receive, such as Centrelink payments.
- Seek Legal Advice: Speak to a lawyer who specializes in personal injury claims. They can help guide you through the process, and you’re likely to get a higher compensation payout with the right lawyer on your side. A lawyer can also assist you with gathering evidence, keeping medical records, and navigating the claims process.
- Appeal If Necessary: If your claim is denied or the offer isn’t reasonable, you can appeal. A personal injury lawyer can assist you with the dispute process.
It’s always best to consult with a legal professional for advice tailored to your specific circumstances.