There are many types of personal injury claims. At times they involve the Courts and at other times they require a prompt response to process and procedure.
Personal injury claims may relate to injuries and/or death to a person/s caused by the fault of another and may involve claims resulting from motor vehicle accidents, work incidents, slip and falls, dog attacks or sexual abuse to name a few. Relatives of person may also have a claim for compensation relating to an incident where that person has passed due to the negligence of another. Claims for nervous shock may also be applicable in certain circumstances.
Generally speaking, a review of the relevant law, regulations and/or guidelines are required. Time limitations almost always also apply.
The best place to start therefore is seeking legal advice as soon as possible. Most legal advice for personal injury matters is provided on a no win no fee basis so that cost is not a deterrent for getting help.
Motor vehicle accident claims and workers compensation claims are usually process and procedure based. They are claims against insurers where disputes may be lodged with the Personal Injury Commission. In motor vehicle accident matters, where a common law claim has been made and liability and been disputed, the matter may go to Court. In workers compensation claims, matters which involve negligence and serious injuries may also be brought to a Court.
Claims for motor vehicle accident matters are to be lodged with the insurer within 3 months of the accident. Income claims must be made within 28 days from the date of the accident to claim income benefits from the day following the accident. Reporting of the accident to police must also occur within 28 days. Claims for workers compensation matters are to be made on the insurer within 6 months from the date of the incident.
Court proceedings for personal injury claims are to be commenced within 3 years from the date of the incident, but for injuries relating to childhood sexual abuse or serious childhood physical abuse. There is no time limitation period for those claims.
Motor vehicle accident claims and workers compensation claims are commenced with a claim form. Court proceedings are commenced with a Statement of Claim. A Statement of Particulars is also filed with the Court shortly thereafter to provide further details about the Claim.
For further information, please do not hesitate to contact us.
McAuley Hawach Lawyers
11 Fennell Street, Parramatta NSW 2124
Telephone: (02) 9633 1826
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