How can a Personal Injury be claimed in Australia? Evidences and Compensations
Personal injury claim is one of the most common legal situations and is a suit for compensation of injuries incurred by a party owing to the negligent actions of another party.
What can I Claim For?
Personal injury damage awards are calculated based on grounds of the type of claim and the circumstances. For example, a cash value is placed on the difference between one’s projected life’s path before the accident, and one’s present life path following the accident. Personal injury settlement Top of Form
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varies from accident to accident.
Compensation may include:
- Material damages
- Funeral costs
- Loss of earnings
- Non-monetary damages
- Medical expenses
Making personal injury claim:
The claim process can take between 6 to 12 months. The process involves following steps:
- hiring a personal injury advocate who would determine whether the claim is valid.
- Lawyer shall render personal injury legal advice before engaging in the process of collecting all relevant documents, statements, and medical reports.
- In various cases, hiring personal injury solicitors is not necessary.
- For example in motor vehicle accidents, a case can be fought through a Compulsory Third Party (CTP) division.
What Evidence Should You Collect?
Personal injury accident claims are proven by gathering all the relevant documents and affidavits. For this, the following are required:
- Financial records to show the cost of medical treatment
- A medical report by the physician describing the injuries sustained due to the accident and the treatment required
- An estimate of future medical costs that are considered to be necessary
- Insurance assessment of the amount of material damages that have been suffered Police reports
- A psychological report detailing whether injured party has from posttraumatic stress disorder or any other psychological trauma.
Against whom the claim lies:
As per the personal injuries, claim can be made against:
- party that caused the injuries or
- one insurance provider,
- or both.
If one is completely free from blame, his or her insurance provider will claim compensation from the at-fault party’s insurance service and if the party is not insured, one can claim compensation directly from the insurer.