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Personal injury Claims & Compensation

  • Apr 8, 2020

Personal injury Claims & Compensation

Personal injury claims, often called Public liability and/or slip and fall accidents, include accidents in public places or on someone else's private property, and accidents caused by third parties or products you have purchased.

For example, accidents caused at or by-:

  • Footpaths and parks
  • Roadways
  • Council land
  • Shopping centres
  • Private property
  • Domestic premises
  • Rental properties
  • Products used or purchased
  • Boats and planes
  • Worksites involving third parties
  • Schools
  • Contractors or unsafe signage
  • Hotels and restaurants
  • Recreational venues (including theme parks)
  • Entertainment venues and events

Negligence

Proving Negligence

In order to have a worthwhile claim you need to demonstrate that someone else contributed to or caused your injury i.e. you need to be able to prove negligence.

It is important to document the incident, including photographs of the accident location.

Medical Treatment

Following your injury, you should seek medical treatment as soon as possible and return for follow-up treatments and to obtain Medical reports on your injury.

Are you eligible for personal injury compensation?

If you have been injured in an accident of any type for which you believe you are NOT at fault, you should call expert personal injury lawyers to discuss your legal rights.

There are STRICT TIME LIMITS that apply to making a claim for personal injury in Queensland. Therefore, you should contact personal injury lawyers as soon as possible following your accident, in order to ensure that your legal rights are protected.

Often the owner or occupier of the premises where your injury occurred will have public liability insurance. Alternatively, if a business or organisation caused the injury, then they will also usually have public liability insurance. The claim is then made against the public liability insurer, who pays out the compensation upon settlement of your claim.

However, insurance companies are often uncooperative and may not provide you with advice or ensure that your legal rights are being protected. To guarantee that you obtain compensation and the maximum amount to which you are entitled, you should obtain legal advice as soon as possible.

Compensation

The law states that if you have been injured in an accident, which was not your fault, you may be entitled to claim compensation that could include amounts for-:

  • Economic Loss (or loss of income) – past and future;
  • Medical and Hospital Expenses (past and future);
  • Rehabilitation Expenses (past and future);
  • Pain and suffering (general damages);
  • Home modification expenses and/or personal care expenses (if required);
  • Travel costs; and
  • Lost superannuation and interest.

Find a personal injury lawyer who has a "No Win, No Fee" agreement, where they will not charge you unless or until a settlement is achieved.

Do not be pressured into signing a Client Agreement immediately until you fully understand the terms of the agreement and you have had time to make an informed decision.

Charging legal fees on a percentage basis of the settlement is illegal in Queensland for personal injury lawyers. There is also a 50/50 rule that ensures that even in small settlements lawyers cannot charge fees that are higher than what the client ends up with in their hands.

The best personal injury lawyers will provide a free case assessment and free initial advice on the prospects of success with your personal injury claim. They will only take on a claim after assessing that you have the prospect of a winning claim.

Use a personal injury lawyer who is registered with the Queensland Law Society.

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