How would I know if I am entitled to Compensation? To be entitled to compensation, you must have proof that you have been in an accident or received an injury that was caused by someone’s action or negligence. For example: slipping at work and breaking your ankle due to someone not displaying the ‘wet floor’ sign. This action may allow you to claim compensation if the injury was due to the negligence of another person. However, the injury cannot be a minor wound. Eg. a bruise from falling off the stairs at work , when it was not wet and/or in perfect condition.
Do all States/Territories of Australia have the same time limits and entitlement restrictions in personal injury law? No, all States/Territories in Australia have different entitlements. Many States/Territories differ in the time made available for making a claim.
How much compensation am I entitled to if I suffer a personal injury? The amount of compensation available to you depends on the severity of your injury and the effects that the injuries will have on your future ability to work, future medical expenses, pain and suffering etc.
I don't think I can afford to pay a lawyer, so should I forget about a claim and just try to get better? No. This is a serious issue that requires rectification. Many personal injury lawyers are aware that people cannot afford legal fees associated with the personal injury matter, especially if the claim is progressed to Court/Tribunal. Today, there are many lawyers that work on “No win, no fee” basis. Many also offer fee discounts depending on each case. In our firm, we follow a “No win No fee” policy, subject to our own discretion whether or not we would follow such path . At City First Solicitors, our Principal Solicitor counts over 15 years of experience in personal injury matters.
I am afraid to make a claim for compensation, as I don't really want to go to Court. What should I do? It is stated that only about 10% of cases are taken to Court. For most people who wish to claim for compensation, the odds are in their favour, as the injured party.
I'm not even sure that my injury is serious enough to make a claim. Should I leave it, and wait to see if it gets any worse? Making a claim now may not seem to be beneficial; however, in the future it can be advantageous. So, even though the injury may not be serious now, the extent of the injury may have significant after term effects. Therefore, it is prudent to lodge your claim now, given the limitation period to bring in action. If you try to claim compensation later, the odds may work against you due to the elapsed time constraints and other reasons.
How long will it take to settle my claim? This varies from case to case. Usually a personal injury lawyer specialist lawyer will try to settle the matter within 18 months, but it depends on the matter.