Posted on: 28 May 2019
If you have incurred an injury due to the negligence of another person, you have the right to demand compensation. In the article below, you will learn more about personal injury claims.
When should you make a personal injury claim?
In Australia, personal injury claims made three years after the incident are considered void. Preferably, make the claim immediately after the incident or once you link your injuries to another person's negligence.
Do you need a personal injury solicitor?
A personal injury solicitor can significantly increase your chances of compensation. Below are a few benefits of hiring a solicitor.
- The solicitor will evaluate the legality of your claim. He or she might advise you to drop the case if there is little chance of winning.
- The solicitor will determine whom to sue. He or she might seek compensation from the insurance company, the party that caused the injury or both.
- The solicitor can help determine what damages you should claim. Other than hospital bills, you could claim loss current and future wages, loss of property, pain and suffering.
- He or she will help you decide how much compensation you should demand.
Provide your lawyer with evidence such as photographs, hospital bills, police reports and documents showing loss of earnings. Such information will increase your chances of winning the case.
How long do personal injury claims take to settle?
Personal injury suits can take a few months or even years to settle. Once your lawyer gathers sufficient evidence, he or she will contact the other party in writing to seek compensation for the injury. Most people prefer out-of-court settlements as they are cheaper and offer privacy. The process involves the exchange of letters and in some cases, a formal negotiation process. If you do not agree, you may initiate a mediation process facilitated by a lawyer specialising in personal injury. If this does not work, you will file the case in court. Once you receive compensation, you will sign a settlement contract that prohibits you from claiming further compensation for the same injury.
What are the costs?
Most law firms in Australia offer free consultation for personal injury claims. Some law firms have a no-win, no-fee policy. If you lose the case, you do not pay legal fees. If you win, your solicitor will take a small percentage of the compensation.
When making a personal injury claim, be mindful of time limits and hire an experienced personal injury solicitor. The claim process is lengthy; hence, you have to be patient.Share