When Can You Claim Compensation for Suffering a Personal Injury?


An accident that results in a personal injury can occur at any place and any time. Although we might not always consciously think about it, danger lurks everywhere, so we must always exercise caution, common sense and diligence to keep ourselves safe.

Even when being careful accidents still happen.

If you suffer an injury due to an accident and want to claim personal injury compensation, what needs to be determined is whether anyone was at fault or negligent, or whether the incident was purely an accident.

In this case, the best way to find out is to talk to somebody in the know, an experienced personal injury lawyer. A law firm that specializes in personal injury compensation cases will likely know your rights far better than you do, so it’s worth booking in for an initial face to face consultation to see where you stand.

Many personal injury law firms offer this first meeting for free as a way of determining whether you have a case or not.

Let’s look at some common scenarios where people claim compensation for personal injury.

Public Liability Slip Cases

This is often referred to as a “slip and fall claim”. A common scenario is slipping and falling in a supermarket due to a wet floor. The floor may have just been mopped, or something might have been split that wasn’t cleaned up right away.

This type of accident can occur in either a public place or private premises. Either way, you have a right to claim damages if the owner of the premises was negligent, and this led to your accident and resulting injury.

The public liability insurance is the one who will be sued for damages, not the owner of the premises. The insurer will make the compensation payments to the injured party.

A slip and fall accident could occur at:

  • A supermarket
  • Shopping mall
  • On a council footpath
  • In someone’s home
  • At school
  • In the park
  • And many other places…

Workplace Injuries

Your employer has a duty of care to provide a safe place for you to work. They are also expected to adhere to proper workplace health & safety procedures to ensure this.

Because we spend so much time at work, the workplace is one of the most common places where people suffer an injury. It could be an injury that’s the result of an accident, or an injury due to performing highly repetitive procedures over an extended period of time.

If you’re injured at work, not only do you suffer the painful consequences as a result, but chances are you won’t be able to work and will lose valuable income in the process. Then there are medical expenses for treatment on top of that.

You have a right to claim compensation for your troubles when you’re injured at work, so if you find yourself in this situation, don’t be afraid to take action and seek what you are entitled to.

Motor Vehicle Accident

If you’ve been injured in any sort of motor vehicle accident, even as a pedestrian, and it wasn’t your fault, you’re entitled to make a compensation claim for damages incurred as a result of that accident. This is covered under the Motor Accident Insurance Act 1994.

The cover for motor vehicle accidents is quite comprehensive, but to be sure you understand exactly what you’re entitled to, it’s best to get in touch with your personal injury law expert.

Just some things you can claim for include:

  • Any out of pocket expenses as a result of the accident
  • Loss of business profits or wages due to your inability to work as a result of injury
  • Rehabilitation and medical expenses for treating your injuries
  • Be compensated for your pain and suffering
  • And more…

All registered motor vehicles in Australia have a portion of the registration fee allocated to a Compulsory Third Party Insurance firm. Claims made for damages will be paid out by the third party insurer of the vehicle at fault.

In the case of a motor vehicle accident or personal injury suffered in any other way, the best course of action is to team up with an experienced law firm that can help you claim the compensation you’re entitled to.




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