1. Who can make a claim?
Any person who has been injured within Australia, as the result of another party’s negligence can claim for compensation.
When the injured person is under 18 they do not have the legal capacity to bring a claim in their own right. Any claim must be brought by a ‘Tutor’ on behalf of the child. This is usually a family member.
2. Are there any time restrictions involved in the process?
This depends on the type of personal injury claim, for example in a Motor Accident Claim the accident must be reported to the Police within 28 days of the accident and you must file your claim form within 6 months of the accident, whilst for other types of personal injury claims you have three years from the time the incident takes place during which you are allowed to initiate legal proceedings.
3. I am not sure if my injuries will be permanent; should I contact a Lawyer?
Yes, your injuries will need to be properly assessed by a medical practitioner. Often the latent effects of an injury do not manifest themselves until 6-12 months times. By contact us we will ensure your medical bills are paid up to the point of liability.
4. How long will my claim take?
This depends on the type of personal injury claim. Generally, a claim can take at least 12 months to finalise this allows time for your injuries to stabilise, proper investigations of the degree of impairment to be undertaken and settlement negotiations to take place. If the matter is to go to Court, add a further 6-12 months.
5. How much is my claim worth?
The value of your claim is based on the extent of the injury. We are unable to start giving you figures valuing your claim until after we have expert medical evidence assessing your level of impairment. Be weary of any solicitor suggesting your claim is worth $$$ who hasn’t seen evidence of you actual level of impairment.
6. I am no longer working but my hearing loss sustained at work has continued to cause me problems. What should I do?
Contact your lawyer firstly who will advise you to do a hearing test with an Audiologist. You may be entitled to hearing aids and/or lump sum payment, depending on your level of hearing loss. If you are still working, your claim will be against your current employer. If you are retired, your claim will be against your last noisy employer. Your Lawyer will apply for a grant from the Workers Compensation Independent Review Office (WIRO) so that your legal costs and disbursements are covered.
7. What should I do if I am injured in a public place?
You should notify the responsible party as soon as possible, such as the store owner, centre management, local council or an authority. It is also recommended that you take photographs of the incident site for evidentiary purposes. Seek medical treatment as soon as possible following the accident, before arranging to see your solicitor for advice.
8. How much will it cost to have a solicitor act for me in my personal injury claim?
We operate on a contingency (No Win, No Fee* basis), meaning you will only be responsible for legal fees if your claim is successful and you receive your compensation.
Workers Compensation Claims including Industrial Deafness Claims may be covered by the Workers Compensation Independent Review Office (WIRO) who provide funding for legal costs and disbursements if your claim has reasonable prospects of success.