Compensation for any Personal Injury

Personal Injury Claims vary State to State

A personal injury claim is run under each State’s Government legislation.The Act’s differ state to state but generally claims may be commenced after an individual sustains a personal injury due to the negligence of another.  Each state’s legislation varies depending on the claim type.

QLD, NSW, VIC, WA, SA, NT, ACT, TAS

What classifies as a Personal Injury Claim?

• An accident caused by a motor vehicle including, vehicular and motorcycle accidents;
• An accident at work;
• An accident in a public place;
• An accident caused by a faulty product;
• Negligence by a registered health provider.

Each of these claims differs in each state and is generally called a Motor Vehicle Accident Claim, Workers Compensation Claim, Public Liability Claim, Product Liability Claim, Medical Negligence and Professional Negligence.

What do I need to show to prove negligence?

• The entity, company, or organisation did not take reasonable action under the lawful Occupational Heath and Safety Act’s standards and procedures;
• The entity, company, or organisation does not provide a duty of care;
• By breach of duty of care and reasonable action you have suffered a personal injury and damages.

Duty of Care

Objectively the "duty of care" standard examines what a "reasonable" person would do to prevent harm to others in the same situation.  Was the action avoidable?  Were there precautions taken to prevent or avoid the injury from occurring?

Standard of Care

What level of safety precautions should be owed to an entity in the claimant's particular circumstance?

Causation

Sometimes injuries take time to physically appear.  Symptoms can arise months or years down the track.  E.G. Whiplash from a Motor Vehicle Injury can appear months after the incident, pain in neck, shoulders and headaches are common.  The law may, depending on the case, recognisethat in some circumstances it is not always straightforward from the date of accident. 

This is why it is important to contact a no win – no fee lawyer as soon as possible after an accident occurs, so you understand what the State Government’s legislation entails for limitation periods.

Disclaimer: Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriately qualified lawyer.