Personal injury claims arise when one person suffers harm from an accident or injury, and someone else is legally responsible for causing that harm. These claims allow the injured party to seek compensation for their losses, including medical expenses, lost wages, and pain and suffering. This article will discuss three important aspects of personal injury claims in New South Wales:
- Types of personal injury claims,
- Types of compensation available, and
- Process of application.
Many types of personal injury claims exist. These include car accidents, slip and fall accidents, medical malpractice, and workplace accidents. Each type of claim has unique challenges and legal requirements, so it is essential to work with a lawyer who has experience with the specific type of claim.
Types of Personal Injury Claims and Time Limits for Lodging a Claim
1. Motor Vehicle Accident Injuries. A motor vehicle accident injury typically happens to passengers, drivers, pedestrians, and cyclists. In NSW, the CTP (Compulsory Third Party) insurance scheme manages personal injury compensation. The final deadline for lodging your car accident injury claim is three months.
2. Work Injuries. Employees and subcontractors are eligible for workers’ compensation benefits whether they were at fault for the accident or injury. Generally, parties must submit workers’ compensation claims within six months. However, a workers compensation claim can be extended to three years in certain circumstances and more than three years if the injury results in death or severe and permanent impairment.
3. Injuries in Public Places and Buildings. Slips, trips, falls, injuries from flying objects, food poisoning, and injuries from defective equipment are a few examples of this. The general limit is three years from when the injury happened, but in some cases, you are allowed to file a claim up to three years from when you became aware of the injury.
4. Medical Negligence. Medical negligence includes surgical errors, medical professional incompetence, birth deformities, implant failures, misdiagnosis, and delayed diagnosis. The period to file a claim is three years from the date of the injury, diagnosis, or medical reports. However, exceptions are given to children and persons with disabilities.
If you fail to lodge a claim within this time limit, you may lose your right to compensation. Therefore, seeking legal advice as soon as possible after an accident or injury is crucial to ensure that you do not miss the deadline.
Types of Compensation Claims Available
A serious sickness or injury may significantly impact your finances. While recovering, you might need to take time off work, pay for medical expenses, and deal with various additional out-of-pocket costs. Even if the occurrence was an accident, you could be eligible for compensation if someone else was to blame for your injuries.
Under NSW liability rules, you may be entitled to compensation for any economic and non-economic losses due to someone else’s carelessness. There are two types of compensation available for personal injury claims:
1. Economic loss. This includes compensation for past and future income loss, medical expenses, and other financial losses directly related to the injury. For example, you may be entitled to compensation for lost income if you cannot work due to your injury. If you require ongoing medical treatment, you may be entitled to compensation for medical expenses.
2. Non-economic loss. This covers payment for discomfort, diminished quality of life, and other intangible damages. For example, suppose your injury has caused you to lose the ability to participate in activities you previously enjoyed. In that case, you may be entitled to compensation for loss of enjoyment of life.
Process of Applying for Personal Injury Claims
If you suffer a personal injury and file a claim for compensation, an insurance company will most likely foot the bill. However, the insurance company has lawyers working for it, and they will hunt for methods to decrease the amount of compensation you receive.
If you have a competent personal injury attorney on your side, you can be sure that your case will be prepared in great detail, and you will have a much better chance of receiving a much larger compensation. After you have selected an attorney to represent you, you will undergo the following phases during the personal injury claims process:
- Assessment of claims: Your attorney will investigate the circumstances of your injuries and guide you on how to proceed with a claim for compensation.
- Preparation of claims: Among these steps is obtaining medical papers to support the validity of your injury claim.
- Settlement of claims: Your claim for personal injury benefits will typically be paid out by the insurance company if it is accepted. Moreover, your personal injury attorney will make a recommendation regarding the amount of the settlement.
- Dispute resolution or litigation: If the insurance denies your damage claim or you are unable to settle with the company, you have the option to file a lawsuit. During the legal proceeding, your attorney will represent you in court to help you claim the compensation you deserve.
Personal injury claims can be complex and challenging. It is crucial to seek legal advice from an experienced personal injury lawyer to ensure that you understand your rights and obligations. Remember, there are strict time limits for lodging a claim, so it is essential to act quickly. You may be entitled to compensation for your losses if you have suffered an injury due to someone else’s negligence.
Importance of Seeking Legal Representation
Seeking legal representation is crucial for anyone considering filing personal injury claims. A personal injury lawyer can help navigate the complex legal process, negotiate with insurance companies, and advocate for the injured party’s rights. Without legal representation, injured parties may struggle to receive the compensation they deserve.
Our Personal Injury Lawyers Can Represent You
If you think you have an injury claim for compensation due to negligent or wrongful actions, you must act quickly to instruct solicitors and obtain sound advice before the expiry of the Limitation Period.
Our skilled lawyers at JB Solicitors can assist you with filing a personal injury claim. They can represent you in court to ensure that they protect your rights and interests.
Contact us today if you want more information and help regarding personal injury law.
