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Do I have a personal injury claim?

by APSense News Release Admin
Do I have a personal injury claim?

The extent of personal injury includes any form of bodily harm caused by negligent actions or omission of another person. This includes injuries occurred from motor vehicle collisions, workplace and worker injuries, medical negligence, permanent impairment and superannuation claims, injuries in public places including schools, governmental buildings and to an extent, private properties. While the soft tissue injuries, occurred from any form of negligence-based accidents, is likely to be recovered in a short period of time, non-minor injuries might cause a decrease in earning capacity permanently. Consequences of such injuries are likely to make a negative impact on the quality of one’s life. For this reason, the loss related to the accident is compensable. However, to avoid the life-changing effects of such severe injuries, compensation claim should be made within the relevant timeframes.


Do I have a legal reason to make a workers compensation claim?

Workers compensation claims in Australia can be made by those who have suffered an injury during their employment. As workers compensation is designed on the no-fault scheme, negligence is not necessarily looked for. However, the employer’s behaviour and commitment to their responsibilities are important. The workplace should be designed based on workplace safety regulations. If the accident occurred from the negligent action of the employer, the worker can make a work injury damages claim. Please note, in personal injury claims, the victim’s contribution to the accident will reflect on the damages that may be received.

Do I have a valid reason to claim motor accident compensation?

Although it is commonly named as motor accident compensation, pedestrians, cyclists, and passengers can also make a claim if they are suffering consequences of recklessness. In personal injury law, the determining factor for negligence is the duty of care. Which can be briefly explained as a legal obligation to provide a service or act at acceptable standards. Judgement is made by comparing the behaviours of a reasonable person on similar occasions. The duty of care in motor vehicle accidents is the attitude of drivers against others and their responsibilities to obey the traffic rules and regulations. Ignoring speed limits, endangering the others, joyriding, and disobeying traffic signs are among the many examples of breach of duty, in motor vehicle accidents.

Can I make a medical negligence claim?

Each negligence-based accident should be examined professionally and separately, as in each situation, there are a lot of variables that will make an impact on the claim. Medical negligence is defined as the situation where the medical attention of a healthcare professional makes a negative impact on the patient’s health condition. However, medical treatments generally involve inherent risks. In this case, the issue that should be examined is the treatment method applied and the medical professional’s commitment to the procedure. In medical negligence, the duty can be breached by surgical errors, failure to warn the patient on natural risks of the treatment, administration of medication errors, prescription of wrong medications and harm to the patient from faulty medical equipment.

Personal injury legal advice

In personal injury claims, the behaviour of peer professionals on similar occasions will be taken into consideration while determining liability. However, these claims require professional management as proving the liability is a complex process. In this case, it is advised to have your situation evaluated by a personal injury lawyer as small details can make big differences. On the other hand, the financial consequences of such severe injuries might be tough. For this reason, you get into contact with a lawyer acting on no win no fee basis. No win no fee lawyers guarantee you that nothing will be charged until compensation is successfully claimed.


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Created on Jan 28th 2021 14:52. Viewed 245 times.

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