Personal injury law is complex, and the process can be confusing. Here are some of the questions we encounter most often:
Who can make a claim?
Anyone who has suffered an injury due to the negligence of someone else is entitled to file a personal injury claim. A payment could be awarded to compensate you for financial losses you incurred as a result of the injury and the pain and suffering you experienced.
If you believe you have suffered an injury due to the negligence or recklessness of another individual, you should contact one of our personal injury lawyers to determine which course of action is best for you.
Sometimes these issues can be settled between the involved parties outside of court in a settlement. Other times, full legal proceedings are necessary to ensure you are compensated fully for the incident. In either case, the complex can be lengthy and arduous so it’s best that you seek professional counsel.
For what kinds of injuries do people usually file claims?
Claims can be filed for a variety of injuries, including:
Are there any time restrictions involved in the process?
In New South Wales, you have three years from the time the incident takes place during which you are allowed to initiate legal proceedings. This may seem like a long period, but we highly recommend that if you feel as though you have a legal claim to compensation you don’t hesitate in starting the process. There are a number of pre-court procedures that must be carried out before the actual legal process can formally begin.
There may also be time limits on when you can file the claim itself, although these restrictions vary depending on which time of personal injury claim you are filing. Contact us for more detailed information on your specific case.
How long will the process take?
This varies greatly, depending on the nature of your injury and what type of legal process you’re willing to pursue. You can often make a settlement with the insurer within a few weeks, if you want, but generally the price you pay for speed is a low compensation total that won’t cover all of your injury-related expenses and may leave you feeling cheated. The negotiating process for a settlement will require some legal representation and may take longer—but you are almost guaranteed to get a better deal at the end of it. If the settlement doesn’t look like it’s going to work out to your satisfaction, the actual legal process can and probably will take at least 12 months. The upside of this is that you will be sure to get all the compensation that the law allows.
How much can I expect to receive from my claim?
This is another issue that varies from case to case, and cannot be discussed without knowing the full details of your situation. Generally, the worth of a claim cannot be determined until injuries stablise, which usually takes six to twelve months.
Once the extent of the injury has been assessed, medical records and legal statutes have been consulted, and the impact of the injury on your life in the long term has been determined, numbers start to appear. Until that time, all bets are off.
When and how will I receive my payment?
If you settle outside of court, it will take up to three months usually for you to receive your compensation. If you go to court, the payment will take longer to process and be delivered. Payments can either come all at once (lump sum) or in what’s called a “continuing payment” that is distributed over a longer period of time. If you consult with our legal team, you will get more information on what to expect for your payment and how long it will take for you to receive it.
How much should I expect to pay during the claims process?
NSW Compensation Lawyers operate on a No Win, No Charge basis, meaning you will only be responsible for legal fees if your claim is successful and you receive your compensation. This serves as another guarantee that you have a strong case for both you and us.
We will need to assess your claim in the early stages of the process and determine its legal merit—and if we agree to accept the case, you can be sure that we have high hopes for our success.
These are brief answer to complex questions, and all of these topics can and should be rigorously examined before you decide what course of action you’d like to take regarding your injury.
Please contact us with any further questions, and we’d be happy to discuss the details of your specific situation with you. Call us now on 02 9601 0088.