Sustaining a Personal Injury in a public place or in shopping centre can be quite embarrassing, but if you have sustained a horrific injury leaving yourself out of work and not being able to do the things that you used to love doing, commencing a claim may crucial for you. Speaking with Claims Australia can put you in touch with Claims Solicitors to help you get back up on your feet after sustaining a Personal Injury and get you compensation for the damages sustained. At Claims Australia, we offer legal advice and case reviews to provide you with free information about Personal Injury Claims. Obtaining information from a Claims Solicitor can be of assistance to you to provide advice in relation to what you should do after you have sustained a personal injury, your entitlements, legal rights to compensation and what other options are available to you.
What is my Limitation period within which to claim compensation? +
Generally in most states you have three (3) years from your date of injury to commence legal proceedings for a lump sum claim. In saying this, it is vital to instruct a lawyer well before the expiration of this limitation date as there are pre-court procedures that must be followed prior to commencing legal proceedings. Failure to commence court proceedings in time may result in your claim being statute barred ie. you lose your right to claim compensation forever. Different rules may apply where there is late diagnosis of your injury or for injuries which are sustained over period of time. It is vital that you obtain legal advice as to the limitation date for your injury based on your specific circumstances as soon as possible.
In most states and for most types of injuries there are also limitation dates for lodging a claim form. Whilst this can sometimes be extended with a reasonable excuse for the delay, lodging the form outside the limitation date may result in unnecessary delays with your claim and further costs. There is also a risk that the excuse will not be accepted by the Insurance Company
Who is entitled? +
If you have been injured as a result of another person’s negligence then you must first report the incident to the appropriate department or management responsible for the property.
This may include accidents caused:
- by a motor vehicle including, vehicular and motorcycle accidents;
- at work;
- in a public place;
- by a faulty product;
- from negligence by a registered health provider.
If you have been injured in any of these circumstances then you may be entitled to pursue a claim for damages.
What is a Common Law Claim? +
If you could answer these three questions, then commencing a claim for damages (Common Law Claim) may be for you:
- Was someone responsible for your injury?
- Do you require medical attention and on going treatment for your injury?
- Could your injury been prevented in any way?
Obtaining legal advice and pursuing your personal injury matter with Claims Solicitors may get you compensation for past and future economic loss, medical expenses you will incur in the future, pain and suffering and also a lump sum payout. Pursuing a Common Law Claim is more beneficial as it looks at your past and future loses, and of course the pain and suffering sustained due to the account of the incident, this are factors that the insurance companies do not take into consideration. If you have sustained a personal injury where it has left you with a permanent disability as it was someone else’s fault, then commencing a Common Law Claim may be for you.