If you ever wonder what happens to those suffering the consequences of wrongful actions, in Australia, compensation may be awarded to those in need to ease their pain and further financial difficulties. In personal injury claims, the court will decide if the injury was the result of the defendant’s negligence or not. For this reason, professional representation is strongly suggested as these claims require in-depth investigation. Though the extent of the compensation largely depends on the circumstances, victims can generally receive monetary damages for their past and future loss of income, medical expenses, and lump sum payment if the capacity to perform daily tasks, and the earning capacity is significantly decreased after the accident.
What is a personal injury?
Personal injury relates to the bodily or mental harm taken as a result of wrongful or negligent action. However, to be eligible to make a claim, these injuries should arise out of someone else’s negligent behavior, acts or omissions. To reach a successful conclusion, the other party’s action that caused the victim’s injuries should be demonstrated during the process. This can be done either by gathering necessary documents or evidence or by requesting legal help from an experienced personal injury lawyer. Although the process sounds easy to handle, planning the steps, proving the negligence, and providing the court or the insurer with sufficient evidence is challenging.
How can I recover my loss?
It is advised to request legal help from a professional to evaluate your claim and see if you have a valid reason to make a claim or not. Personal injury claims are focused on negligent behavior or actions of others which resulted in harm to the victim. This means, if the victim is suffering the consequences of his/her own recklessness, compensation may not be awarded. Laws clearly state that the inherent and natural risk factors in personal injury claims are the determining factor in the court’s decision. However, this rule does not apply to all. Injured workers and motor vehicle drivers/passengers/pedestrians can make a claim and benefit from the entitlements regardless of faultiness. In worker’s compensation claims, the injured worker’s fault or negligence isn’t taken into consideration and the worker may receive a lump sum payout. In motor vehicle accidents, income replacement payments, medical expenditures, and some other benefits can be awarded to the party at fault. However, these benefits will be available for a limited time. To be eligible to receive a lump sum payout, the claimant shouldn’t be wholly at fault and his/her injuries should be assessed as more than minor injuries.
On what occasions one can make a personal injury claim?
If the victim sustains injuries due to a motor vehicle accident, workplace or work-related accident, accidents in public places or properties or due to medical malpractice, depending on the situation, the victim may have a valid reason to make a claim. It should be understood that not every accident is the result of the person in charge or at duty at the time of the accident. The court or the insurer will evaluate the situation and will let you know if you have a valid reason to make a claim or not. The insurer will act on goodwill whilst evaluating the situation. Nevertheless, it is suggested to discuss the situation with a lawyer as a professional is likely to be more competent in similar complaints.
A personal injury lawyer will ensure you understand your rights and do everything they can to maximize the compensation you may receive. Such compensation is critically important to prevent any further financial difficulties due to lack of earning capacity.