If you have suffered an injury, you may be wondering whether you are eligible for a personal injury claim. This process can feel daunting and confusing.
This is why appointing a personal injury claim lawyer, like Dam Lawyers, early on is important. They will be able to guide you through the process.
In this blog, we will cover the most common types of injuries involved in personal injury claims. We will also cover the procedures around making a claim.
What Is A Personal Injury Claim?
A personal injury claim is a legal process where someone seeks compensation after being harmed due to another party’s negligence or wrongdoing. The claimant may seek compensation for medical costs, lost income, and emotional distress.
The individual may also wish for negligent parties to admit their faults and take accountability, preventing future incidents. This can provide a sense of closure and validation after a traumatic event.
Common Reasons For Personal Injury Claims
Here are a few of the most common reasons why people have made personal injury claims:
- Car accidents
- Motorcycle accidents
- Workplace injury / workers compensation claims
- Mining and quarry injuries
- Professional negligence injuries
- Heavy freight vehicle injuries
- Public liability incidents
- Psychological and psychiatric injuries
- Emotional distress and nervous shock
- Hearing or eyesight reduction or loss
- Building site injuries
- Spinal injuries or back pain
- Upper body injuries
- Internal organ injuries
- Fractures, broken bones and dislocation
- Lower limb injuries
- Diseases caused by an incident
- Burns and other permanent scarring
Can I Get Compensation For A Personal Injury?
Whether you can receive compensation depends on the circumstances of your accident.
Personal accident insurance – Some people may also have a personal accident insurance policy. This is a no-fault cover that pays benefits after an accident regardless of who was responsible. It is different from a personal injury claim, which requires proving fault.
Personal injury claim – This is where your injury was caused by the negligence or fault of another party, such as a careless driver, an unsafe workplace, or a property owner who failed in their duty of care. These claims cover both physical and psychological harm.
Personal accident insurance:
- Refers to events that cause physical harm or injuries unexpectedly. The event is unintentional and unforeseen, so no other party is held responsible.
- Focused solely on physical injuries, not psychological or emotional aspects.
- No blame is assigned and no party is held liable.
- Compensation may be offered without needing to prove fault.
Personal injury claims:
- Encompass both physical injuries and psychological/emotional impacts arising from an event.
- Establish that injuries were caused by negligence or misconduct of another party.
- By proving fault, the injured person may receive compensation for both physical and psychological harm.
How To Make A Claim
Step 1: Document your injury
The first step is to gather evidence around the incident that occurred. You should document the event’s timing and the circumstances leading up to the injuries.
It is also important to gather any photographic evidence you may have. This could include photographs of the accident scene, the injury, and any other elements that might have contributed to the injury. Likewise, collecting the details and testimonies of any witnesses is vital. Lastly, you should include any correspondence with involved parties or insurance companies.
Step 2: Access medical attention
It is important to begin documenting your injuries immediately by seeking medical attention. This will establish a paper trail and solidify a link between the incident and subsequent health issues. Keep a note of all medical appointments and treatments you are given, in addition to the impact the injury has had on your life. Follow all medical advice, as gaps in treatment may weaken your claim.
Step 3: Appoint a lawyer
It is important to appoint a specialist personal injury lawyer to help push forward your case. They will advise you on the strength of your case and likelihood of gaining compensation. They will engage with the other parties and insurers on your behalf and will attend court if required.
Step 4: Preserving the evidence
Be sure to keep all evidence associated with the incidents safe, as these will help fight your case. Additionally, keep all documentation organised, whether that is on paper or digitally.
Settlements vs Court
Not all personal injury cases reach court. Instead, many cases end in a settlement. This is where both parties negotiate how much compensation is appropriate outside of court.
This prevents the stress and expense of having to go to court. Ultimately, it is up to the injured party whether to accept any offers made, but their lawyers will advise them on whether the sum is appropriate.
If the injured party decides against a settlement, the case will then go to court. Here their lawyers will fight for the maximum compensation possible. The judge will come to a decision based on the evidence and will order the at-fault party to pay appropriate compensation.
What Is The Average Payout For A Personal Injury Claim In Australia?
You might be wondering how much do most personal injury cases settle for?
In Queensland, minor claims may settle under $10,000, moderate claims often range from $30,000 to $200,000, and severe injuries can exceed $1 million. Every case is different, and compensation depends on injury severity, recovery, and financial impact.
Looking For A Specialist Lawyer in Brisbane?
If you are looking for a lawyer for personal injury claims, Dam Lawyers can help. We will be involved in your personal injury claim every step of the way and we will protect your legal interests at the highest level possible.
For a free case review, click the button on our website or call 07 3303 4402 today.
