Do I Have a Personal Injury Claim?

If you’ve been injured due to an accident or someone else’s actions, you may be wondering if you have a personal injury claim in New South Wales (NSW). Personal injury law can be complex, but understanding the basic concepts and steps involved can help you determine if you’re entitled to compensation. Below, we break down key points to consider when assessing whether you have a personal injury claim. 

Common Scenarios for Personal Injury Claims 

There are a few situations where people commonly ask if they qualify for a personal injury claim in NSW. These include: 

1. You’re about to make a claim
   If you’re planning to pursue a personal injury claim, it’s important to understand the steps involved. The first step is figuring out what compensation you’re entitled to and how to file the claim. 
2. You’re unsure if you qualify for a claim
   Many individuals aren’t sure if their injury qualifies for compensation, especially if the accident happened years ago. In some cases, you may still be able to claim for injuries sustained in the past, as long as you file within the required time limits. 
3. You’ve already filed a claim but feel you might not be getting everything you deserve
   It’s not uncommon for people to come to us after submitting a personal injury claim, only to discover they may be entitled to more compensation. For example, there might be additional lump sums or special allowances that weren’t considered in your initial claim. 
4. Your claim has been rejected
   If your claim has been denied, don’t immediately accept the decision. It may be possible to challenge the rejection, often more easily than you think.
   

How Much Compensation Can You Receive? 

The compensation you can claim depends on several factors, including the severity of your injuries, the extent of your recovery time, and how your injuries affect your ability to work. In general, the more serious the injury, the higher the compensation. For example, minor injuries that require a short recovery may result in settlements in the tens of thousands of dollars. Serious injuries that prevent you from returning to work or require long-term medical care could lead to settlements in the hundreds of thousands, or even millions. 

Do You Qualify for a Personal Injury Claim? 

To determine if you’re eligible for a personal injury claim, ask yourself the following questions: 

• Did you suffer an injury in an accident, or due to negligent medical treatment? 
• Have you had to take time off work due to the injury? 
• Did you undergo treatment or surgery as part of your recovery? 

If you answer yes to any of these questions, you likely have grounds for a personal injury claim. 

Signs You May Have a Personal Injury Case 

It can be tricky to know if you have a solid personal injury case, but there are key factors to consider. In most personal injury cases, victims must prove that another party is legally responsible for their injuries. This typically involves showing that the defendant was negligent. Here’s what to look for: 

• Duty of Care: The defendant must have owed you a duty of care. For example, drivers owe a duty to drive responsibly and not cause accidents. 
• Breach of Duty: The defendant must have breached that duty, such as by driving under the influence or failing to fix a hazardous condition. 
• Causation: You must prove the defendant’s actions directly caused your injury. 
• Damages: You need to show that you’ve experienced actual harm, like medical expenses or lost wages, due to the accident. 

Statute of Limitations in NSW

In NSW, there’s a time limit (statute of limitations) for making a personal injury claim. Generally, you have three years from the date of the injury to begin legal proceedings. However, this period can be extended in certain cases, such as when the injury’s full impact isn’t immediately apparent. 

Consulting a Personal Injury Lawyer 

If you’re unsure about whether you have a claim or how much compensation you could be entitled to, it’s always wise to consult a personal injury lawyer. An experienced lawyer can help assess your case, ensure you meet all deadlines, and guide you through the process of filing a claim. They can also negotiate with insurance companies on your behalf to secure the best settlement possible. 

In conclusion, if you’ve been injured due to someone else’s negligence, it’s important to understand your rights and the legal process involved in personal injury claims in NSW. Get in touch with our specialist personal injury team at Owen Hodge Lawyers on 1800 770 780.