The most common legal claims in Australia are personal injury claims. You can make a personal injury claim when you sustain an injury due to someone else’s negligence either at your workplace or in a public place.
There are three types of personal injury claims that can grant you compensation:
- Claims for an injury you incur from an accident
- Work-related injury claims
- A personal injury you suffer from medical negligence
But what steps do you have to follow to ensure that you receive compensation? Just like any other claims, there are several procedural requirements that you need to follow to receive compensation.
Here is a quick guide to help you.
Step 1: Report about the Accident and Injury
An essential step when lodging a claim is to first report about the accident and injury that you sustain to the relevant authorities. If you attain an injury at your workplace, you should notify your employer.
Likewise, if you suffer from a motor vehicle accident, you should report to the police and receive a Traffic Incident Number. Any other injury you incur at a public place should be reported to the relevant local authority.
Step 2: Get the Necessary Medical Help
Your health is of utmost importance more than the compensation you seek to receive. You should, therefore, get immediate health services after incurring an accident. You should not assume you are okay even if you do not feel any immediate symptoms after the accident.
Sometimes the discomfort and pain do not settle in immediately, but a year later, you may find yourself in serious trouble. An examination is, therefore, imperative.
The medical and diagnostic reports, together with the medical certificates you receive from your doctor, will act as evidence that can support your compensation claim.
Failing to seek medical treatment may play to your disadvantage since the insurance company of the party responsible may question the severity of your injury, jeopardizing your claim for compensation.
Step 3: Get the Help of an Experienced Personal Injury Lawyer
A minor accident may be easy for you to settle on your own. However, if you are involved in a severe accident that requires you to receive multiple treatments for your injuries, you may need the help of a professional personal injury lawyer that can help you recover your entire medical costs.
The right personal injury lawyer will help you navigate your legal rights and entitlements advising you on how to proceed and how long the entire process will take before you receive compensation.
Step 4: Lodge a Claim
The next step is to inform the person responsible for your injury and their insurance provider that you plan on filing a compensation claim. If you were a victim of a motor vehicle accident, you should lodge your claim to the insurance company of the driver at-fault of the accident.
If you are claiming for workers’ compensation, it is your employer that you should contact. Likewise, if it is a public liability claim, you should direct the petition towards the insurance company of the party responsible.
Step 5: Negotiating for Compensation
The negotiation process for compensation is very similar to any other financial transaction negotiations. Your attorney has a bottom-line figure of how much they are willing to accept for your sake. The insurance company of the party at fault also has a value of how much they are ready to relinquish.
Both parties go through a back and forth process until they arrive at an agreeable amount. If not, your lawyer may file a suit and take the case to court for a trial.
Step 6: Settlement or Trial
If the negotiations with the respondent are successful, your attorney will accept the offer that they make. However, if the respondent does not make a satisfactory offer, with the advice of your attorney, you may seek legal action for you to get the compensation you need.
You should bear in mind that you can lose your right to claim your compensation if you do not begin your court proceedings within three years from the date of occurrence of the injury. If it is a motor vehicle accident, you have to file a report with the local police within 28 days and file a claim with the insurance company of the driver at fault within six months.
Step 7: Filing a Lawsuit
Most personal injury cases do not go to trial. However, if the talks do not result in a settlement, your lawyer will prepare for a lawsuit. An excellent personal injury lawyer will help you understand the whole process and help you make the right decisions to increase your chances of winning and getting the compensation you deserve.
If you have any questions regarding personal injury claims, you can contact the Foyle Legal Personal Injury Law Perth. It is a top-rated law firm that will help you fight against insurers to ensure you receive the maximum compensation for your claim.
Kim Hemphry is a passionate expert in the areas of Legal Matters, learning and education. She has been featured on over 50 leading Legal and education sites and is a modern thought leader in the field.