What is the limitation period for compensation claims?
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, i.e. 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 to receive compensation?
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.