Things You Should Know About The Personal Injury Claim In Australia

October 6, 2021    civillawyersblog
Things You Should Know About The Personal Injury Claim In Australia

The Australian government is very protective of all the residents, and therefore, if anyone gets injured in an accident, they can make several injury claims. However, many people cannot gather enough courage to ask crucial questions to make such a claim. There are civil law lawyers for legal proceedings, but this blog discusses some of the most frequently asked questions that mainly arise at the start of a proceeding.

What Are The Different Types Of Claims You Can Make?

There are various types of claims that you can make when suffering an injury in an unfortunate incident.

Workers Compensation Claim

Workers compensation claims can be made against the employer and the workers' compensation insurer if someone gets injured while working.

Motor Vehicle Accident Claim

Are you injured in a motor car accident? If so, claims can be made against the at-fault driver's Compulsory Third Party insurer.

Public Liability Claim

Suppose you sustain an injury in a private residence or a shopping centre. In that case, you can claim compensation against the owner or operator of the property or a third party responsible for the damage.

Medical Negligence Claim

If the injury results from medical negligence, you can claim damage against the hospital, treatment provider, or doctor.

Common Law Assault Claim

If you suffer injury because of physical assault, you may claim against the individual who assaulted you. If an organisation or a company played a role in it, you may claim against them also.

Sexual Assault Claim

Suppose you are psychologically or physically injured due to sexual assault. In that case, you can make a claim against that individual who conducted that crime or any company that had a crucial role in it.

TPD (Total And Permanent Disability) And PPD (Partial Permanent Disability) Claim

For an injury or illness resulting in disability, you can get the PPD or TPD insurance benefit in the form of a one-time lump sum payment from the insurer of your superannuation fund.

Income Protection Claim

If an illness or injury makes you unable to work, you can receive income protection benefits. You can receive payments from the super fund's insurer or any other insurance policy you have paid premiums. These payments are usually made weekly.

What Do Tribunals Or Courts Will look After The Matters?

For different claims, you have to choose specific courts or tribunals.

Workers Compensation Claims

  • The specialist tribunal that handles cases involving workers injured in the workplace is the Workers Compensation Commission.
  • For a Commonwealth Agency worker, the workers' compensation disputes are handled in the Administrative Appeals Tribunal.

Motor Vehicle Accident Claims

  • Motor vehicle accidents occurred before 1 December 2017 are handled by the Claims Assessment Resolution Service or CARS.
  • Accidents that occurred after 1 December 2017 are handled in the Dispute Resolution Service (DRS).
  • If children are involved in the accidents, those are referred to the District Court.

Other Claims

Claims including medical negligence, common law assault, public liability, sexual assault, and common law assault are referred to the Supreme Court or the District Court.

How Long Does The Claim Take?

The time the claim takes to be processed depends on a range of factors, including

  • the process of obtaining evidence,
  • whether the injuries are stable,
  • the difficulty of gathering the evidence, and
  • Whether the liability is disputed or accepted.

Consulting top-rated personal injury lawyers from Perth will undoubtedly increase your chances to get the claims in a quick time. Here we provide a comprehensive guide of the time each claim takes to process.

Workers Compensation Claims

Once the injuries become stable, you can make your workers compensation claims. These claims usually take 6 to 12 months. However, this time frame depends on the number of dispute issues and the insurer's acceptance or denial of liability.

Motor Vehicle Accident Claims

The general duration is 6 to 24 months. If your claim is lodged with the CARS, the time may be 3 to 6 months. On the other hand, for lodging claims for accidents that had occurred after 1 December 2017, you have to wait for 20 months from the date of the accident to bring damage claims.

District Court Matters

A strict timetable is followed for these matters, and they are finished within one year of statement filing.

Supreme Court Matters

Depending on the complexity, these matters may take about two years or more.

How Can Your Case Be Resolved?

A case is usually solved in two main ways - settlement and court case.

1.    Settlement

In the case of settlement, an agreement is reached between the involved parties, where they compromise on their parts. Here, you cannot appeal a statement.

2.    Court Process

When the matter reaches a court, the final decision will be made by the judge. Here, you can appeal the decision, but it will depend on the type of court or tribunal.

Conclusion

If you want to go with court hearings, you should always hire an experienced and highly reputed professional. For references, you can contact Civil Lawyers Perth WA.

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