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Personal InjuryThe Personal Injury Act covers quite a number of areas with minor variations here and there. Some of the important areas covered under the Personal Injury Law are:
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It must, however, be noted that the statutory time limit for lodging a complaint for personal injury and also the amount of compensation varies from state to state in Australia.
Generally the compensation amount depends upon the severity of the injury and its impact on your ability to work. For example, a loss of speech may become a severe handicap for a teacher, but not for a tailor. As a victim of personal injury, you can claim compensation for the loss of:
If you have been injured while working in a factory or traveling in connection with your duty, then a no-fault scheme may apply and you are entitled to compensation regardless of how the injury was caused. You can also claim personal injury compensation, if you are injured while attending training. Workers’ personal injury compensation is not a fault based scheme and you are entitled to receive workers compensation payments, medical expenses, travel expenses to and from your treatment center and a lump sum payment from the workers compensation insurers. You are entitled to compensation even if you were injured three years back or still earlier.
You may have suffered personal injury in a motor vehicle accident as a driver, a rider, a passenger or pedestrian. You can claim compensation under the vehicle's CTP Insurance.
You may suffer a personal injury as a result of a crime.
The first thing you need to do is to report your case to the police as soon as possible. This is a mandatory requirement for you to be considered for compensation. Moreover there is a strict time limit for reporting the injury to the police who must be convinced that your personal injury is due to a criminal act committed by some one. As a victim of a crime, you are entitled to be treated with respect, courtesy and compassion all the time. You also have the right to be informed about the availability of health and counselling service. You must be assured of privacy and protection and should be informed about how the criminal will be brought to justice.
Your personal injury may have been caused by medical negligence or malpractice of a ssdoctor or any other member of the medical staff or hospital including a nurse, dentist, midwife, pharmacist and so on. There may have been a failure to perform the surgery properly, report the test results correctly, provide the skilful post operative care, diagnose a condition correctly, refer the case to the specialist, advise on the risks and the procedures associated with the treatment, perform the ‘duty of care’ and so on. Consequently, you may have experienced great pain and suffering, lost your present and also the future income besides having paid the costs of treatment involving medication, nursing services, rehabilitation courses and so on.
You can engage a lawyer on "No Win, No Fee" basis, or at least at substantially discounted fees. Your case for compensation can be filed in the court or may also be settled out of the court. In a majority of cases, the compensation claims are settled out of the court. It is gratifying to note that the personal injury cases that could be settled in 3 to 7 years in the bygone times take about one to one and a half year from the day the claims are filed. The only thing important is to act immediately.