Do you have a personal injury claim?

Dec 7, 2022 | Publication | 0 comments

People often do not realise that they have a personal injury claim. There are all sorts of potential claims.  Perhaps you were involved in a motor accident or a work accident.  Or you suffered injury at a public or private place.  Or you were on the receiving end of someone else’s negligence for instance medical negligence.

Abuse including sexual abuse claims are on the rise following the recent Royal Commission.  These claims can be brought even though they relate to things that happened a long time ago.

Claims can be brought for the intentional or negligent actions of others which cause loss or damage.

Claims can also be brought when your relative dies as a result of the actions of others.  For instance, if a doctor or hospital makes a mistake which causes your relative to die, you may have a claim.

Lots of claims arise in shopping centres or public places.  They can also arise in homes or other places.

If a loved one dies in a motor accident, at work or in other circumstances, you may have a claim.

People often think that if a claim is made, it is necessary to go to Court.  Not so.  Most claims in Court settle without a Judge having to decide them.  And lots of personal injury claims such as motor accident and workplace claims do not go to Court at all – the process is decided by a less formal assessment.

Some people are scared by the thought of what a lawyer might cost.  At our law firm, McAuley Lawyers, we help clients with personal injury claims and do not charge for our time until the successful conclusion of the matter – i.e. when a settlement is achieved or when the court or assessment process awards money.

Another aspect which makes some people worried is the thought of the conflict of suing another person.  But most of the time there is an insurance company which looks after the other side.  Insurance companies are used to dealing with claims, have lots of claims to deal with and do not take it personally.  They also have deeper pockets than most other people.

When it is necessary to go to court, claims for amounts over $750,000 are generally filed in the Supreme Court of New South Wales.  Claims under $750,000 are generally filed in the District Court of New South Wales.

Superannuation and total and permanent disability insurance can often be claimed against when there is personal injury.  It is important to know and understand your rights.

There are all sorts of claims and if you have any hint of a claim, seek legal help about your individual circumstances immediately.  Time limits apply to bringing most types of personal injury claims. 

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

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