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.