Personal Injury Claims - NSW
Have you got a Personal Injury Claim in NSW?
If you've been injured as a result of someone elses negligence you could be entitled to compensation and have every right to make a personal injury compensation claim, but you have to lodge your claim quickly as strict time limits do apply.
You could be entitled to compensation for personal injury to:
Also, if your injuries are more severe (Total Permanent Disability) you could be entitled to compensation for much more!
Why do you need a personal injury lawyer?
Where could a Personal Injury occur?
An unfortunate accident leading to an injury has the potential to occur in almost any situation. Some of the most common situations and places where personal injuries occur include:
Personal Injury Claims - The First Step
The first step we recommend is sending a letter of demand to the person/s at fault. This will generally result in their insurer becoming involved. After discussing your situation and injury we will draft the letter of demand.
Following this we would enter into negotiations with the insurer in an attempt to settle your claim without the need to commence formal legal proceedings. Our goal is to ensure you get the best outcome as swiftly as possible, without the costs associated with going to Court.
Personal Injury - Legal Proceedings
If legal proceedings are necessary, we will work with you to prepare your legal proceedings, including obtaining evidence to support your claim and engaging a barrister to present your claim to the Court.
In our experience, most of these types of claims can be settled with the insurer for appropriate compensation, provided all the relevant evidence available is obtained and provided to the insurer in a timely manner and so long as you dont talk to one of the insurers investigators or let the insurer have you assessed by one or more of their doctors before you get legal advice from a compensation lawyer.
The insurers will doctor shop if you let them! (Read our article on 'Doctor Shopping' for more information).
Personal Injuries - The Occupier's Liability
If the personal injury occurs as a result of an accident on someone else's property (which could be any of the properties mentioned earlier) you may be entitled to receive compensation from the "occupier" of that property. An occupier of a property will generally need to have some form of public liability insurance cover that protects them from personal injury claims.
An "occupier" can be a business, company, landlord, council, tenant or any person that is deemed to have control over the property, premises or land where you sustained the personal injury. The compensation claim, and any associated legal proceedings, will be handled by the occupier's insurance company.
The occupier will only be held liable for the personal injury if it can be shown that they did not take reasonable care to ensure that visitors to their property, premises or land were safe. There are also a number of other factors that determine the success and likelihood of a favourable outcome for a personal injury claim, all of which can be discussed in your free first consultation with us.
Personal Injury Claims - Related Articles
Liability limited by a scheme approved under Professional Standards Legislation