As is the case in many countries around the world, Australia has provision to compensate those who incur personal injury owing to the negligence of someone else.
This includes personal injuries caused in the workplace, damages caused by the use of defective products, falling in public places and health issues caused due to the negligence of healthcare workers to name a few. The party at fault is liable to pay for the damages caused.
Personal injury claim cases may be similar in nature, however, no two cases can be exactly the same. This is why the settlement amount varies from case to case. Hence, there is dire need of legal analysis and investigation. The settlement amount is only decided after proper and often, lengthy investigation. In order to ensure smooth completion of this process, the claimant must produce various documents and personal information.
Damages/ Injuries Liable for Compensation
Personal Injury Lawyer Gold Coast states following are common injuries/ damages that are liable for compensation:
- Loss of Income
In certain cases, a person is bed-ridden and cannot go to work for months because of the personal injury. This results in the loss of income. Besides, savings may also be drained in healthcare. These cases are liable for compensation. The injured person can also claim for the loss of superannuation linked with such loss.
- Damages for Pain and Suffering
The injured party can make a claim for pain and suffering caused at both a physical and mental level. The amount is calculated according to the severity of the injury.
- Injuries Caused due to Crime/Assault
A person can even claim for personal injuries/ damage caused due to an assault. Here, the injured party can claim for medical fees and also lodge a case for criminal assault.
- Damage/ Injury Caused due to Defective Products
Defective products can cause personal injuries. These products may include faulty electronic items, defective skin care products and so on. These can cause major/ minor health issues as well as unforeseen accidents that can lead to injury/trauma. The injured party has complete right to claim for the loss.
- Work Related Injuries
If a person gets injured while using equipment/machinery at workplace, then he or she can file for compensation. Likewise, if someone incurs a health issue due to the nature of his or her job, the person is also liable for compensation. Injuries caused while commuting to work may also call for a claim. These are often referred to as ‘Journey Claims’.
Applicable Conditions for Personal Injury Cases
An upper limit on the compensation to be provided for various aspects of claim has been set under the Civil Liability Act enforced in 2003.
A time limit has also been set to claim the amount. This limit is based on various factors including the urgency and necessity to claim. Hence, it may vary from case to case. It is advised to make a claim at the earliest point after incurring a personal injury to ramp up the chances of acquiring the claim amount well within the allotted time frame. It takes around 6 to 18 months to get the compensation after starting a compensation claim with your lawyer.