NSW Personal Injury Claims – Your Guide

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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.

How To Proceed With a Personal Injury Law Claim

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Personal injuries can be traumatic. They include any damage that occurs due to someone else’s negligence. The parties most often responsible for personal injury law claims are reckless drivers, business and property owners, and employers.

First Course of Action in a Personal Injury Law Case

After an injury disrupts your life, you are likely to be unsure what steps to take next. A legal claim should be in your future for injuries due to someone else’s negligence.

Seek Medical Care

Your priority should be medical care. Before you can seek out injury lawyers, document your healthcare journey from the time of the accident until recovery. With injuries that cause disability, full recovery may not be an option. For instance, if you suffer an injury that causes the loss of function in your lower body, it can affect your ability to work or continue to receive the same income you grew accustomed to. The impact of your injuries on your personal, professional and financial life is critical to making your claim.

Seek Help From Personal Injury Lawyers

Personal injury lawyers provide guidance and support to victims of negligence. Following damages from someone else’s negligence, you have a right to compensation. Look for a personal injury lawyer to discuss your claim with. The lawyer can determine whether you have a relevant claim for compensation.

Personal injury law is complex, but law professionals have experience proceeding through compensation claims. They can walk you through the process.

Types of Personal Injury Claims

A number of different types of claims fall under the injury law umbrella. There are various injuries and compensation schemes, and without a lawyer to guide you, you may not understand which avenues to pursue.

Motor Vehicle Accidents

Motor vehicle accidents are traumatic events for many people. The financial repercussions can include medical expenses, motor vehicle damage, and loss of income, and there is also the pain and suffering to consider. Many car accidents involve serious, life-threatening and life-changing injuries.

In addition to the traumatic experience, car accidents are complex because they require you to prove fault and to make a claim as quickly as possible.

Public Liability Injuries

You may be able to file a public liability compensation claim if you experienced injuries at someone else’s home or business. The injury had to occur because of the owner’s negligence or because of an unsafe situation that the owner contributed to, such as if the owner or controller of the property did not make reasonable attempts to reduce the hazard that caused the injury.

Work-Related Accidents

Personal injury law also covers workplace accidents. It is your employer’s responsibility to ensure the safety of all workers. Workplace injuries occur at or because of the activities the job requires. People with work-related injuries can suffer from:

  • Musculoskeletal disorders
  • Psychological injuries
  • Burns
  • Wounds
  • Fractures

The most serious claims generally involve injuries to the joints, muscles, tendons and ligaments.

Finding Personal Injury Lawyers

Every case is different. The right lawyer for you should be someone with a specialty in your case’s area of law. For instance, some personal injury lawyers specialise in motor vehicle accidents, whereas others specialise in workplace incidents.

Examine Reputation and Reviews

When looking at different injury lawyers, consider their reputations. An attorney in personal injury law has to be able to work well with others and to negotiate a settlement on your behalf. The majority of injury claims settle before going to trial. If your lawyer does not have a good reputation with other attorneys, insurance companies or clients, they may not be suitable for your case.

In addition to finding out more about the lawyer’s reputation, check testimonials. The firm’s website may provide testimonials from other clients.

Discuss Fee Structures

A personal injury can devastate your finances, and you may fear that fighting for compensation will cost more than the overall injury. The fee structure is crucial when choosing between personal injury lawyers. Some lawyers do not demand legal costs upfront for personal injury. Instead, they ask for contingent costs after they win the case. You do not have to pay if the lawyer fails. Most lawyers can estimate the fees you would pay no matter the case’s outcome.

Choose Lawyers Who Can Guide You Through Personal Injury Law

Personal injury law is complex. To have a better chance at a good outcome, you may require the help of professional personal injury law attorneys. At Barwick Boitano Lawyers, we understand that personal injuries can turn your life upside down. Contact us today to learn more about how we can help your case.

How Specialist Personal Injury Lawyers Can Help You Get Results Quicker With Less Stress

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Have you or a family member been injured because of the negligence of another party? There are more than 83,000 lawyers in Australia who practice in many different areas of the law.

A personal injury lawyer specializes in cases where their clients suffer injuries or death resulting from another party’s negligent actions. Hiring a lawyer to handle your personal injury claim can make a difference in how your case resolves.

Read on to learn how specialist personal injury lawyers can help you get the results you want!

Training as a Trusted Advocate

A personal injury attorney is trained to be an advocate you can trust to handle your case. It’s crucial to have a lawyer to represent your interests against a negligent party and their insurance company.

When you hire a lawyer, it sends a message to the other side that you are serious about your claims. An attorney with experience will know the best way to present your case to a judge or jury.

Persuasive Presentation and Negotiation Skills

The law firm you pick to handle your case must have lawyers with persuasive presentation and negotiation skills. The art of persuasion is an important trait for your lawyers because they must be able to present your case in the light most favorable to your position.

A lawyer can do this by having strong knowledge of the law and how to apply it to the facts of your case. Their negotiation skills are important before a lawsuit is filed and during litigation, as you seek to settle on your injury case.

Valuable Trial Experience

Even the best-negotiating lawyers in Parramatta can’t guarantee that you will resolve your case short of a trial. Whether your lawyer must try your case or not, their trial experience can play an important part in how the other side treats your claims.

Many defendants will seek to avoid a trial because of the costs and uncertainty of putting a case before a judge or jury. These concerns are even bigger if they know your attorney has a reputation for going to trial.

Less than five percent of civil lawsuits end with a trial but don’t overlook the importance of hiring a lawyer with trial experience. A trial lawyer can have a big impact on the final outcome of your case.

Hire the Best Personal Injury Lawyers Today

The best personal injury lawyers will make your case a priority and stay in contact with you from start to finish. They will also be willing to take the time to speak with you about the strengths and weaknesses of your case.

At Barwick Boitano Lawyers, we are a group of experienced personal injury solicitors serving clients in Sydney’s West since 1991. We are trial lawyers who are dedicated to serving the needs of our clients.

Contact us today to learn more about our services and to discuss your case with our lawyers!

7 Tips About Public Liability Compensation in Australia

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Did you know that every Australian business has to have some form of public liability insurance by law? If you have had an accident while in a public place it probably happened somewhere covered by a policy. But how do you go about getting the compensation you deserve?

Unfortunately, it is not simply a case of lodging a claim. If you are waiting for a public liability payout, or you have an accident you think may be covered by it, then we can help. Read on as we discuss everything you need to know about public liability compensation.

1. Keep a Conversation Record

Any professional telephone conversation with a business will tell you it is being recorded for quality and training purposes. However, even companies can get it wrong sometimes and it is important to keep your own record of calls. These records can help back up your claims and show that nothing gets missed.

Start by noting down the time and date of the correspondence. Write down the name of the person you spoke to, and with the time and the nature of the discussion. You should also make a note of the general outcome or decision made.

Note that it is unlawful to record a call without giving permission, so don’t use any apps or devices to record the conversation. Instead, keep a written record of what went on. You can always request the recordings from the service if you later have a discrepancy.

2. Know What It Does Not Cover

There are a number of instances when public liability will not cover you. The most common of these are below.

  • Aircraft products
  • Asbestos
  • Liquidated damages
  • Gradual pollution
  • Product recall
  • Punitive damages

One of the most common and often misunderstood are damages obtained under an employer. These fall under workers’ compensation.

3. Be Eligible for a Public Liability Claim

You are only eligible for a public liability claim if negligence can be proven. This means you have to prove your damages occurred as a result of the company not doing their job correctly or assuming a role of care to customers.

Once you have proved negligence, you must then show that this impaired your ability to live a normal life for at least seven days after the incident. Other than this, incurring medical expenses, as a result, may entitle you to compensation.

4. Know the Difference Between Public Liability and Workers’ Compensation Insurance

As mentioned above, public liability and workers’ compensation are two different things. It is important you know the difference so you do not attempt to make a claim in the wrong area. A lawyer will help you understand the difference.

Public liability insurance is in place to protect a business from damages it causes to the public while operating. Public liability claim examples may include someone tripping over boxes in a shop and injuring themselves.

Workers comp covers people who work for a business when they suffer damages doing that job. For example, this may include someone who injures themselves by lifting the boxes in a supermarket while under employment and causes a lasting injury.

5. Know Time Frames for Settling

Getting an exact timeframe for settling a claim is tough. This is because it all depends on the extent of your injuries and any residual impact. In some cases, it can take years to know the full extent of any damage.

When your claim is for minor injuries that do not have a long-lasting impact, you can expect to receive compensation and have the claim resolved within twelve months to a year. The full extent is ascertained when the injuries have begun to stabilize.

Claims will face longer delays if liability becomes an issue. This is when the party or the insurer will not claim responsibilities for your injury. When this occurs, the circumstances have to be visited in-depth and you should get a professional lawyer on public liability to assist you.

6. How Is Compensation Assessed?

The level of compensation sought depends on a number of circumstances. The first of these is the evidence provided by medical reports. These will determine the current impact, future impact of the injuries, and if they have stabilized enough to make a strong assessment.

If you have been left with a permanent disability or are unable to do a job, the financial burden of this is also taken into account. It is recommended you don’t accept claims until the full extent of your injuries can be determined.

7. Lodging Claims in the Given Time

For anyone over the age of 18 at the time of the accident, there are 3 years from the date of the incident to place and settle a claim. If no settlement occurs in the time period, then a court proceeding must be filed before the 3 year period expires. This is known as the statute barred date.

If you are under 18 years of age, you have 3 years after your 18th birthday to start court proceedings. You do not have to wait until your 18th birthday as parents and guardians can represent you before this and bring claims on your behalf.

Getting the Public Liability Compensation You Deserve

If you have had an accident in the last three years that you believe was not your fault, you could be eligible for public liability compensation. Collate all documents and details, then speak with a professional.

Barwick Boitano Lawyers should be your first stop. We deal with all facets of compensation law, from public liability to workers’ compensation. Contact us here to discuss your claims and let us get the payout you deserve.