Injured and it Wasn’t Your Fault? What Next?
All over the world, accidents both big and small take place every day. New South Wales, is no different and its citizens find themselves in minor injuries, major accidents, and every incident in between both at work, on the roadways, in the hospitals, and even just on public property. Luckily, no matter where you are injured or how serious the accident, you may be entitled to receive compensation…even if the accident was your fault! Here we go over four of the most common types of compensation claim, however, it is in your best interests to contact a professionally trained lawyer to represent your claim and answer all of your questions.
Road injuries are some of the most common accidents that can happen, but they can happen in many different ways. You can be injured in motor vehicle accidents, motorcycle accidents, or while on your bicycle. If you are injured while on the road, you will be affected by the recent changes enacted in New South Wales: The Motor Accident Injuries Bill 2017 NSW.
This Bill changes how the mandatory compulsory third party insurance scheme works. Entitlements used to primarily go towards covering the no-fault party in the accident, now statutory benefits will extend to any party injured in the accident (including the one at-fault). Additionally, the bill has reduced the amount that can be claimed by the no-fault party and for parties involved with blameless accidents (i.e. heart attack, seizure, and etcetera). There have been many other changes caused by this Bill, so if you or someone you love has been in a motor vehicle accident you should contact a lawyer as soon as possible as there are many strict time limits involved in accident compensation claims.
If you are injured while on the job it can be a frustrating and confusing time, especially because you will need to work with your employer for the insurance claims process. You might find yourself missing work, unable to earn income, or incapable of going back to work for a great deal of time. However, you should be able to receive this lost income back by filing a worker’s compensation claim, no matter what type of employee you are (casual, part-time, full-time, volunteer, or student).
There are several steps and time limits that you will need to abide by if you are going to succeed in your claim, including: proving your injuries, demonstrating that it/they happened in the course of your employment, the extent of your medical expenses, and the impact of these injuries on your ability to work. This is not an exclusive list, but your lawyer will be able to help you navigate the requirements as you move forward.
These claims can be very complicated as they rest in several different types of legal theory and require a lawyer with specialized skills. Medical negligence claims are so complicated because these injuries are the result of negligent care given to you by a healthcare practitioner (usually a doctor, but this would also include many different health care practitioners).
To prove a medical negligence claim, there are several basic elements you would have to prove, the first of which is that the offending medical professional breached their duty of care to you, the patient by demonstrating that their actions were unreasonable or inappropriate in the attendant circumstances. The second basic element that needs to be demonstrated is that the claim meets the thresholds for medical negligence claims required by a law, a determination that your lawyers will get to by working with several medical experts. Many of these claims are settled outside of court so as to ease the burden on the injured party.
If you are injured by someone else in a public area, you should be able to receive compensation by demonstrating the at-fault party’s negligence and that their negligence was the cause of your injuries. Product liability is similar, except you would be demonstrating a company’s liability for a faulty product which was the cause of your injury. These compensation claims are limited by time periods, legal thresholds, and payment caps but a practiced lawyer will be able to handle these obstacles to the best of their ability and with your important interests at heart.