Filing a personal injury claim in New South Wales can be daunting if you don’t know where to start. You may wonder if you even have grounds for claim or need a lawyer. If you aren’t well-versed in personal injury law, take the initiative and learn more about the process of filing a personal injury claim. Understanding the law can be difficult, but with a little knowledge and preparation, you can better comprehend how things work and what you should do.
Understanding Personal Injury Law
Simply put, a personal injury claim is a legal claim for damages (compensation), typically from an insurance company. The compensation you file for is meant to cover any financial losses you may have incurred from your injury.
You can file a claim for both physical and mental injuries resulting from an accident caused by someone else’s carelessness or outright negligence. It is normal for injured individuals to file for compensation because injuries often cause them to miss work and pay for medical expenses on their own.
Every personal injury case in NSW is different, primarily because each case’s circumstances are unique. Before filing a claim, it is imperative to think about the full impact an injury has had on your life.
The Compensation You Can Receive
The amount you can receive for a personal injury can range from thousands of dollars to millions. Several factors will affect the size of your settlement, including:
- The severity of your injuries
- Your health and age
- Your income and career prior to the accident
- How your injury prevents you from working
Less severe injuries will typically yield smaller settlements since they usually mean shorter recovery times and moderate medical expenses. More serious injuries can yield significant settlements since they result in higher medical bills and have a greater impact on an injured person’s life.
Questions To Ask Yourself
If you are wondering if you should reach out to personal injury lawyers in NSW, it helps to ask yourself the following questions first:
- Was your injury caused by someone else’s negligence or carelessness?
- Have you had to take time off of work to recover?
- Have you had to seek medical treatment as a result of your injury?
If you answered yes to the previous questions, you may have grounds for a personal injury claim. The easiest and quickest way to find out if you have a claim is to consult injury lawers with an established history of successful cases.
Types of Injuries
Many types of injuries qualify for compensation claims. They typically fall into one of the four following categories:
- Motor vehicle accidents: These accidents often result in injuries to drivers, passengers, cyclists, and pedestrians. Motor vehicle accidents can also include passengers on public transport. Compensation is usually paid by an insurance company.
- Work injuries: If you are an employee or subcontractor who was injured on the job, you are entitled to workers’ compensation, whether your employer is at fault or not.
- Medical negligence: Many surgical mistakes, birth injuries, defective implants, and misdiagnoses are caused by medical negligence. Doctors, hospitals, and other medical professionals have an obligation to provide patients with the highest quality care possible.
- Injuries in public buildings and places: Trips and falls, food poisoning, injuries from malfunctioning equipment, and injuries caused by falling objects may qualify for compensation.
When filing your personal injury claim, you may be able to recover damages for medical bills, lost wages, pain and suffering, travel expenses, and future financial losses (the income you would have earned if you hadn’t sustained an injury).
“Pain and suffering” refers to the compensation you are owed for your physical and psychological suffering. Injured individuals often struggle with a host of psychological problems in the wake of an accident, including depression and anxiety, which often impair their quality of life and ability to function.
The Importance of Hiring a Lawyer
You don’t want to start the personal injury claims process on your own. Look for an experienced lawyer with a history of successful personal injury claims. If you file a claim alone, you will be left to face the defendant and their own lawyers, who will diligently work to reduce your compensation. Working with a lawyer helps ensure that your rights are honoured and you receive the most compensation possible.
Contact a Lawyer With a Background in Personal Injury Law
If you think you have a personal injury claim, you should get in touch with Barwick Boitano Lawyers in NSW immediately. You may have a right to compensation for your pain and suffering.
Contact us today to learn more about personal injury law.