Personal injury is a broad term used to describe physical or psychological damage or loss sustained by somebody, usually due to the fault of another person or entity. Compensation law is designed to assist the recovery of those who have suffered personal injury by reimbursing their expenses, providing medical services and care, replacing lost income and/or awarding monetary sums.
Personal injuries can arise from somebody else’s negligence, a workplace accident or incident, a trip or fall in a public place, or a motor vehicle accident.
Public liability claims
If you have been injured in a public place, you may be entitled to compensation. In New South Wales a ‘public place’ is described as an area or property open to the public at large or to a category of people. Public liability claims are made against owners or occupiers of public spaces such as shopping centres, sporting facilities or theme parks. Claims can arise from circumstances such as slips or falls in shopping centres and walkways, injuries sustained due to faulty equipment, or dog attacks.
Workers compensation
If you have been injured during the course of your employment, it is important to understand your rights to workers compensation. It is your responsibility to claim compensation and failure to lodge a claim, no matter how small, may have an impact on the amount of compensation you can receive.
Workers compensation is aimed at supporting workers who are injured, aggravate an existing condition, become ill whilst performing their work duties, or are hurt during a workplace incident or (in some cases) while travelling to and from work.
Payment for workers compensation is determined on a case-by-case basis and depends on the extent and severity of your injuries. Compensation may include:
- weekly payments during incapacity to work
- expenses for medical treatment by medical professionals, supplies and equipment
- reasonable travel expenses for receiving treatment, medical examinations and attending medical assessment tribunals
- lump sum benefits
- return to work support for an injured worker who cannot continue with their current role but may be suitable for alternative employment
Motor vehicle accident claims
Many people think claiming compensation for motor vehicle accident injuries is an easy process, however it can leave you exposed to insurance companies who have plenty of experience in defending compensation claims. You have one shot at obtaining the best compensation outcome, so it is important to get it right!
Motor vehicle accident claims for injuries suffered by motorists, passengers, or pedestrians due to the fault or partial fault of the driver of a motor vehicle are made through the Compulsory Third Party (CTP) insurer of the at-fault vehicle.
If you have been involved in a motor vehicle accident you should obtain the other vehicle’s registration details, including number plate, make and model of the vehicle. If possible, obtain the name, phone number, address, and insurer of the other driver. You should also take photographs of the damage to all vehicles involved in the accident and the scene of the accident.
Even if your injuries are minor, you should seek medical treatment as some injuries may not cause you immediate injury or pain. You should ensure all your symptoms are noted on your medical record. This will help avoid any disputes with the insurer about the cause of your injury if or when you lodge a claim for compensation.
If you wish to lodge a CTP insurance claim for any injuries, you must complete a SIRA Online Claim Notification form. You can also call and lodge a claim over the phone. If you are in hospital due to your injuries, you can ask a hospital Patient Liaison Officer to lodge the claim on your behalf. We suggest obtaining legal advice to assist with your claim to ensure your rights are adequately protected.
If you have been injured in a public place, at work, or in a motor vehicle accident, it is important to obtain legal advice quickly, so you are aware of your rights and the relevant timeframes within which to lodge a claim for compensation. We can assess your eligibility to claim based on your circumstances and pursue the maximum amount of compensation payable to help you deal with your injuries and assist your recovery.
If you need assistance, contact one of our lawyers at [email protected] or call (02) 4987 3344 for expert legal advice.
FAQs
What is personal injury law?
Personal injury law provides compensation to individuals who have suffered harm due to someone else’s negligence or wrongful actions. This includes physical, emotional, and financial losses.
What types of personal injury claims do you handle?
We handle various claims, including motor vehicle accidents, workplace injuries, public liability claims, medical negligence, and catastrophic injuries.
How do I know if I’m eligible to make a personal injury claim?
If you’ve been injured due to another party’s negligence and have suffered losses such as medical expenses or lost income, you may be eligible. Contact us for a consultation to assess your case.
Is there a time limit for making a personal injury claim?
Yes, strict time limits apply to personal injury claims, typically starting from the date of the injury. These limits vary depending on the type of claim, so it’s important to seek legal advice promptly.
How much compensation could I receive?
The amount of compensation depends on factors such as the severity of your injuries, medical costs, lost income, future care needs, and pain and suffering. Our team can provide an estimate after assessing your case.
Do I need to go to court to resolve my personal injury claim?
Not always. Many personal injury claims are resolved through negotiation or settlement outside of court. However, if a fair agreement cannot be reached, litigation may be necessary.
What should I do immediately after an injury?
- Seek medical attention to prioritise your health and create a record of your injuries.
- Collect evidence, such as photographs, witness details, and incident reports.
- Contact a lawyer to understand your rights and next steps.
Can I claim compensation if I was partly at fault?
Yes, in many cases, you can still claim compensation even if you were partially at fault. However, your compensation may be reduced based on your level of responsibility for the incident.
How long does it take to resolve a personal injury claim?
The timeframe varies depending on the complexity of the case, the severity of your injuries, and whether the claim is settled out of court or goes to trial. Most claims are resolved within 6–18 months.
What evidence is needed for a personal injury claim?
Key evidence includes medical records, incident reports, witness statements, photographs of the scene and injuries, and proof of financial losses such as receipts or payslips.
What is the role of a lawyer in a personal injury claim?
A lawyer will assess your case, gather evidence, negotiate with insurers, and represent you in court if needed. Their goal is to secure maximum compensation while minimising stress for you.
How can Cunningham Adam Lawyers help with personal injury claims?
Our experienced team provides compassionate guidance and expert representation. We’ll help you navigate the legal process, ensuring your rights are protected and working to achieve the best possible outcome for your claim.
How do I get started with your personal injury services?
Contact us to arrange a free consultation. We’ll review the details of your case, explain your options, and guide you on the best course of action.
How can Cunningham Adam Lawyers assist with disputes?
Our team provides strategic advice and representation tailored to your unique circumstances. Whether resolving disputes through negotiation or advocating for you in court, we aim to achieve the best possible outcome efficiently and effectively.
How do I get started with your dispute resolution services?
Contact us to arrange a confidential consultation. We’ll review your case, discuss your options, and develop a strategy to resolve your dispute in the most effective way.