Over recent years, the number of Australian citizens who find themselves seeking hospitalisation for personal injury has been steadily rising. In fact, the Australian Institute of Health and Welfare reports that the number of hospital visits has increased over the past few decades. Likewise, personal injury claims have risen, making it imperative that everyone have a basic understanding of what personal injury law will cover and how to file a claim. If you or a loved one have suffered serious harm from the wrongful or negligent actions of another, you may be able to receive compensation through a personal injury claim.
Types of personal injury claims: Personal injury claims are the most commonly handled compensation claim and they cover a wide variety of accidents ranging from motor vehicle injuries, public slip and falls, negligence, on-the-job injuries, and more.
- Motor vehicle: Extremely common, personal injury claims arising from motor vehicle accidents happen daily. These claims involve all manner of vehicles, including cars, buses, trucks, motorcycles, mopeds, and may involve drivers, passengers, or pedestrians. When involved in a motor vehicle accident, you should contact the police, report to your insurance agency, and seek medical attention right away in order to best support both your claim and your health moving forward.
- Workers’ compensation: Provided to employees, workers’ compensation exists to protect workers from hazards in the workplace and prevent employer negligence by maintaining safety practices. You may be able to receive workers’ compensation if you are injured in the course of your employment or whilst present on the work site. It is important to remember that you are free to file a workers’ compensation claim without fear of reprisal, as that is a right secured to you by law. You should note that workers are able to file claims for immediate injuries as well as long term injuries including: diseases, aggravated pre-existing conditions, injuries sustained whilst travelling for work, and injuries sustained whilst receiving treatment for another work injury.
- Medical negligence: Often a source of very serious injuries, medical negligence occurs when a medical professional fails to act with the same level of care a reasonable medical professional would under the same circumstances. Because of the high level of training they receive and the importance of their profession, medical practitioners are held to a higher standard of care than the average citizen. Misdiagnosis, failing to appropriately inform a patient of potential risks, incorrectly prescribing medicine, incorrectly performing a procedure, and incorrectly interpreting medical results can all give rise to a claim for medical negligence.
- Public liability: A broad area of personal injury law, public liability covers a range of injuries. From slip-and-falls at the supermarket to psychological injuries, you may have the foundation of a claim if your injury was caused by the negligence of another. If the owner or proprietor of a public space has failed to expend the right amount of care to protect the safety of their customers, they will likely be held responsible.
Most important to know is that there are strict time limits to bring any type of claim, ranging from 28 days to three years.
If you or someone you know has any questions regarding a recent injury or possible personal injury claim, please do not hesitate to contact a lawyer today. They will have the experience, training and legal savvy to advocate for you and ensure you receive the compensation you deserve.