If something unforeseen has occurred and you have been left injured, you may be eligible to file a personal injury claim. This process can be daunting and stressful, especially since you are likely still dealing with the repercussions of your injury.
However, personal injury claims don’t have to be difficult. By choosing a professional personal injury claim lawyer like Dam Lawyers early in the process, you can receive tailored support and guidance.
In this blog, we will cover what you can expect from the personal injury claim process step by step.
What Can I Expect From A Personal Injury Claim?
Work Out Who You Are Claiming Against
The first step to file a personal injury claim is to work out who is at fault for your injury or illness. This may not be obvious at first and the claim may be made against someone unexpected.
For example, if you are injured at work due to faulty equipment, you may not claim against your employer. You might instead claim against the equipment manufacturer if they are legally liable.
- A driver (via CTP insurer) in motor accidents.
- An employer (via WorkCover) for workplace injuries.
- A property owner/occupier for public liability injuries.
- A manufacturer/distributor for product liability.
In some cases, the claim will be made against the at-fault insurer, rather than the party themselves. Your personal injury lawyer will help you figure out who your claim is against. To aid them in this step, it is important you give them as much information as possible.
Gathering Information About The Accident
One of the most important steps is gathering information about the accident. Your personal injury lawyers will ask:
- How the accident happened
- When it happened
- Where it happened
- What you were doing before the accident
- What you did following the accident
- Who you think was responsible for the accident
Gathering Evidence
Your personal injury lawyer will work with you to gather evidence to build your case. This can include:
- Medical records
- Accident reports
- Financial records
- Photographic evidence
- Police records
- Witness accounts
- CCTV
- Health and safety assessments
- Expert opinions
Assessing Your Injuries
To strengthen your case, your personal injury lawyers will assess your injuries and how they’ve impacted you. If you’ve visited your GP or the hospital, we can request your medical records.
You will also need your injuries to be assessed by an expert. The party you are claiming against may also ask for you to be seen by their own expert.
Photos will need to be taken of your injuries, such as cuts, bruises, and scars. A specialist will then be consulted to ascertain how long your injuries will take to heal and the long-term impact.
It is important for your injuries or illness to be assessed because it helps put a valuation on your claim. This will help you get the compensation you deserve.
Calculating Your Compensation
Now that the evidence has been collected, your compensation will be calculated. This will be based on:
- Your injuries, suffering, and pain
- Travel costs from medical appointments related to the injury
- Lost income if you were unable to work temporarily or permanently
- The cost of medical rehabilitation, therapies, or treatments
- Care costs from family members or professional care providers
- Adaptable equipment such as prosthetics, wheelchairs, or mobility aids
- Items damaged in the accident, such as your car, clothing, or bicycle
Negotiating The Settlement
Based on the factors above, your personal injury lawyer will try to secure the best possible settlement for you. This will require agreement with the at-fault party.
Settlements are typically reached through informal offers, mandatory conferences, or Calderbank offers.
Your lawyers will take on the negotiation for you, but it will be up to you whether you accept any given offer. The aim is to reach a satisfactory settlement to avoid the stress of going to court.
If both sides can’t agree, the case will be taken to court. The evidence will be considered by a judge, who will decide the compensation amount. You may need to attend court to give evidence. Court action is rare and only necessary if settlement fails.
Payout From Your Case
Once you’ve accepted an offer, the last step is to decide how you will receive your compensation.
Usually, you will receive your compensation as a lump sum, minus any interim payments. However, sometimes the court will dictate monthly or yearly payments (known as periodical payments), especially if the injury is long-term.
Most of the time, the money will be paid directly to you or into a trust in your name.
How Much Do Most Personal Injury Cases Settle For?
What is the average payout for a personal injury claim in Australia? Personal injury claim payouts in Queensland vary based on the circumstances and severity of the injury.
In Queensland, general damages are calculated using the Injury Scale Value (ISV), which rates injuries from 1 to 100. Each ISV score corresponds to a range of compensation for pain and suffering, but your total payout also includes medical costs, lost income, care, and other losses—meaning settlements are usually much higher than the ISV figure alone.
How Long Does a WorkCover Claim Take in QLD?
WorkCover aims to make a decision on claims within 20 business days, as outlined by legislation. The speed of your claim will depend on how quickly you and your employer send in evidence and information.
Looking For a Personal Injury Lawyer in Queensland?
Dam Lawyers is a personal injury lawyer in Brisbane. We pride ourselves on our reliable and quality service. Our commitment is to empower our clients, providing them with the confidence and control they need to navigate their legal matters effectively.
If you have a case and would like a free quote, call 07 3303 4402 for support and advice.
