I had a car crash and have had a few back spasms, is it worth making a claim? I’ve had a few medical expenses nothing large, but am still out of pocket, due to the accident.

If you have been injured in a car crash it is worth making a claim for personal injury compensation.

Personal injury compensation will cover the medical expenses you have already incurred. However, the main reason to make a personal injury claim, is that back injuries can deteriorate over time. If you have made a claim for personal injury compensation, you will be covered for any expenses that are caused by your back injury in the future,  such as specialist medical expenses and reimbursement of lost wages, if you need to take time off work because of your back injury.

How long do I have to make a claim for compensation?

In New South Wales there are two methods of receiving compensation for injuries inflicted by a car crash. For immediate financial assistance following the accident of up to $5,000 to cover your medical treatment and loss of earnings, you need to lodge an Accident Notification Form. The Accident Notification Form needs to be lodged with the insurer of the car that caused the accident within 28 days of the accident. To be eligible to receive this payment, you need to ensure that you report the car crash to the police and make a record of the police event number for the accident.

If you anticipate that your costs are going to be more than $5,000, or you didn’t lodge an Accident Notification Form within the required 28 days, you are still eligible to make a claim for personal injury compensation. This is done by lodging a, Personal Injury Claim Form, with the insurer of the vehicle that caused the car crash. The Personal Injury Claim Form needs to be lodged within six months of the date of the car crash and you need to ensure that the car crash is reported to the police within 28 days of the accident.

What compensation can I receive?

The amount and type of compensation you receive will depend on how severe your injuries are and whether you contributed in any way to your injuries such as not wearing a seatbelt.

Compensation can include the following:

(a) Compensation to cover your past and future hospital, medical and rehabilitation expenses;

(b) Compensation to cover any attendant care you require or any home modifications you may need to be made to your home on account of your injury;

(c) Compensation to cover your past and future loss of income including compensation if the length of your working life has been reduced as a result of the car crash;

(d) Compensation for pain and suffering in the event that the car crash has resulted in you suffering a whole person impairment of over 10%.

Do I need legal advice?

The motor accident compensation scheme has strict time limits and requires people seeking compensation to follow the procedure set out in the Motor Accidents Compensation Act, in order to access compensation. If you have been injured in a car crash it is a good idea to get legal advice on what personal injury compensation you are entitled to receive.

If you have suffered a personal injury from an accident on our roads and need advice on making a claim for personal injury compensation call Barwick Boitano today on (02) 9630 0444 or email on fjb@bblawyers.com for an appointment.

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