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How To Claim Personal Injury And Accident Compensation?

by charlotelee
How To Claim Personal Injury And Accident Compensation?

In Australia, if you get injured at your workplace or in a public place because of negligence by another person, you can claim compensation in situations where you cannot remain active. These compensations are known as personal injury claims. If such an incident happens, get in touch with experienced Personal injury lawyers Perth who can help you make a claim. This blog discusses the types of personal injury compensation claims and the steps involved in making these claims.

Common types of personal injury claims

There are three common types of personal injury compensation claims in Australia, and they are as follows.

Work-related injury claims

Work-related injury claims must be made if you have sustained an injury in your workplace. For legal help, hire a workers compensation lawyer who can guide you through the whole procedure and work out the specific amount of money that you will receive in the end.

Negligence

A personal injury claim can also be made if you are a victim of medical and professional negligence. For the legal procedure, you will need to hire a medical and professional negligence lawyer.

Motor vehicle accidents

Claiming compensation is allowed for different types of accidents, which include:

  • Fatal car accident claims
  • Bicycle and motorbike accident claims
  • Hit and run compensation
  • Pedestrian accident
  • Truck and taxi accident compensation

Regardless of the circumstances, accident compensation attorneys can analyze the matter and help you receive the best outcome.

How should you make a personal injury claim?

For claiming personal injury compensation, you must remain compliant with specific procedural requirements. Here we provide a step-by-step procedure that you can follow.

Step 1: Report and notify about the accident and your injuries

The most crucial step of the whole procedure is reporting and notifying the appropriate authority or person about the accident you met. For example, if the accident happened in your workplace and you have sustained injuries, you must inform your employer as soon as possible.

Similarly, if you sustained injuries in a motor vehicle accident, you should inform the police and obtain the Traffic Incident Number. Civil Law Lawyers can help you understand what you can do to get the compensation.

If the injury is sustained in a public place incident, the local authority must be informed.

Step 2: Seek doctor’s advice

You can use all the diagnostic and medical reports, including medical certificates your doctor has provided you, as evidence to support your claim. That is why seeking a doctor’s advice is crucial for your health and making a compensation claim.

Step 3: Lodge a claim

Next, you should lodge the compensation claim with the appropriate authority in a proper way. In the case of claiming for workers’ compensation, you have to lodge the claim to your employer in the standard format. Ask your employer or attorney about how to do it.

If the injuries are sustained in a motor car accident, you must apply with the insurance company of the driver or owner of the car responsible for the accident.

When you lodge public liability claims, you have to lodge them with the authority’s insurance company or the person responsible for the injuries.

Step 4: Seek legal advice

Experts always recommend seeking legal advice from a certified personal injury lawyer so that you can be aware of some important information, including:

  • Your entitlements and legal rights in a personal injury claim
  • How you can proceed to make such a claim
  • How long the whole process may take

Usually, it may take a maximum of 28 business days for the claim to be rejected or accepted. If the appropriate insurance company accepts your claim, you will receive:

  • A weekly wage, the amount of which will vary depending on the state where the injury was caused
  • Out of pocket costs
  • Repayment of medical costs
  • Referrals to rehabilitation providers and medical specialists

However, if your claims face rejection, you have to explore the alternatives available to you. The reasons behind the rejection may include partial disclosure or non-disclosure, or incorrect disclosure of facts. Therefore, we recommend you should hire an experienced attorney from the beginning.

Step 5: Resolve necessary medical treatment

While pursuing a personal injury claim, make sure you receive all the necessary medical treatment.

Step 6: Settlement

In these cases, damages are usually awarded for:

  • Loss of income
  • Pain and suffering
  • Costs for medical treatment
  • Domestic assistance and care
  • Any other losses that may arise

If you receive any monetary compensation against your personal injury claims, you should seek advice from your solicitor.

How long should you take to claim for personal injury from sustaining it?

From the date of sustaining the injury, you should make your compensation claims within 3 years. This entire period will also include the time you spend fulfilling the pre-court requirements, including notifying the police and lodging complaints with the relevant authorities. If you fail to commence legal proceedings within this period, you may lose your right to claim injury compensation.

Who has to pay in a personal injury claim?

In most cases, the compensation needs to be paid by the person’s insurance company or any other entity at fault. However, if the person or the entity has no insurance support, you must take direct legal action against them to pay the compensation.

What is the average amount paid for a personal injury claim?

The amount you will receive as your injury compensation will depend on the extent of the situation and the injuries you have sustained. However, if you want to know an average amount, talk to your lawyer and mention details.

Final Words

There are many civil lawyers based in Perth who can help you with the court proceedings. For references, you can contact any top-rated lawyer firm. Injuries can not only be life-threatening but also make you restricted for a prolonged period. So, while hiring a lawyer, make sure you hire someone with proper certifications and an excellent career record in their field.

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