In case of an injury suffered due to someone else’s negligence then he is liable to claim in Australia. Circumstances of causes can be related to various types such as motor vehicle accidents, workplace accidents, slips and falls in public places and negligence involving a registered health care provider.
To be compensated with following personal injury law, you need to prove that the person who was responsible for your injury could have averted the accident. The personal injury claim is a suit for compensation of injuries incurred due to the negligence of another party. So, to understand the different types of personal injury claims, the grounds of making a claim, and the implications involved in the process you will need to hire Law Advice Lawyer to represent the case on your behalf.
Hereby we mention you 5 steps on how to get your personal injury claim:
1. Opt for an experienced personal Injury Lawyer
Hire an experienced lawyer who can represent you in court and will do several things to ensure that you receive your rightful compensation. Dealing with insurance companies is puzzling and complex, it is advisable to use the services of a lawyer and get proper law advice. Getting legal assistance will prove to be your important weapon when dealing with anything that concerns personal injury. Be always transparent with your solicitor in providing a detailed statement about the circumstances of your injury and your personal history. These statements can be proven as a shred of important evidence in assisting the solicitor to advise you fully for the success of your claim.
2. Process of Personal Injury Claim
In Australia claiming compensation for personal injury cases is limited to three years since the day of personal injury. After lodging a claim, you will be entitled to receive the claim if the insurance company accepts your proofs of the accident. In the meantime, you will have to commence all the legal proceedings of informing the police, lodging an FIR, obtaining a medical report, etc. You can file a personal injury claim only if you feel that another party is responsible for your injuries and he could have prevented that fatal accident on that given day.
3. What can I Claim For?
A personal injury claim can be calculated differently based on the type of claim and your circumstances. There are no specific personal injury settlement amounts since the damage in accidents varies widely. You can compensate for the below expenses –
- Funeral costs
- Material damages
- Vehicle damages
- Non-monetary damages
- Loss of earnings or job
- Medical expenses
4. Important evidence that you should collect
- Financial records of the expenses incurred in medical treatment
- An estimate of damages caused to your vehicle or belongings
- A medical report by the physician describing the injuries you sustained due to the accident
- A psychological report detailing whether you have suffered from posttraumatic stress disorder
- Insurance assessment of the number of material damages you have suffered
- Police reports with photographs and detailed report of the accident
5. Precautions to be taken to avoid getting your personal injury claim rejected
- To make your claim successful, always comply with procedural requirements
- Consult your doctor as it is imperative for your well-being as well as for claiming compensation
- For public liability claim, lodge your claim in a manner as specified by the insurance company showcasing the other party at fault.
- Be aware of partial disclosure or wrongful disclosure of facts regarding the accident in front of insurance officials or your claim might get rejected.
- Seek help from law advice lawyers to get actual entitlement of your compensation against your claim.
- If your claim is rejected, explore the other options available with the help of personal injury lawyers to advise you further on how to obtain compensation.
- Resolve your personal injury claim by way of mediation or an informal settlement conference.