Personal Injury Claims - NSW

Have you got a Personal Injury Claim in NSW?

If you've been injured as a result of someone else’s 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:

• cover you loss of income, medical and related expenses
• cover any expenses relating to the provision of domestic assistance and care required as a result of your injury
• compensate you for the pain & suffering you are experiencing because of your injuries

Also, if your injuries are more severe (Total Permanent Disability) you could be entitled to compensation for much more!

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:

• slipping, tripping or falling down (anywhere, i.e. a public footpath or park)
• within a shopping centre, or any retail environment (Supermarket Claims)
• at a learning institution (school, TAFE, University or college campus)
• while participating in or attending a sports event / game (both the players and crowd)
• while riding in or driving a form of transport (motor vehicle, motorcycle, truck, etc)
• at the premises of a company or business (Workers Compensation Claims)
• as a result of medical negligence (hospital, surgery, Doctors, etc)
• at a place of health and fitness (gym or swimming pool)
• as a result of a product malfunction
• at an entertainment venue (pub, restaurant, nightclub, movie theatre, etc)
• on a private property or residence (car park, apartment complex, housing estate, etc)

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 don’t talk to one of the insurer’s 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 and 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.

For a friendly, no-obligation, confidential chat with you about your rights and what compensation you might be entitled to, please call us on 1800 994 279. We operate on a "No Win, No Fee" basis and your first consultation with us is always free!

Our Personal Injury Team in NSW:

• Kimberley Sharpe
• Genevieve Gilmore
• Gavin Hanrahan (Managing Partner)
• Laura Baker

Our Promise:

• Highly professional and friendly service at all times
• Highly qualified team
• Complete confidentiality at all times
• Fast, efficient and courteous service

Personal Injury Claims - Related Articles

1. Occupier of retail shop not liable for the actions of a "suspected fraudster"
2. Coles must pay the following failed appeal
3. If you've been injured in NSW as a result of a criminal act of violence...
4. Don't become the victim of an insurer "Doctor Shopping"
5. Newcastle worker awarded $100,000 after falling through a roof