It’s human nature. Accidents are never going to happen to us…………until they do!
If you’re injured in an accident, it’s important to know your rights and to make sure that you receive all the compensation you’re entitled to.
Whether you’ve been involved in an accident at work or an accident on the road, chances are you’ll be dealing with an insurance company.
While most insurers are reasonable, if an insurer thinks it has a chance to escape liability, it will try to do so.
If there is a range of damages, you don’t have to be a rocket scientist to know that the insurer will attempt to negotiate a settlement at the lower end of the range.
Don’t take the word of the insurance company as to what your claim is worth (it didn’t get its multi-storey city building by being over generous in the payment of claims).
Seek good independent legal advice.
Ian Roche of our firm spent many years as a Sydney barrister and is a very skilled and experienced litigation lawyer.
He will be able to assess your case and give you sound advice as to the prospects of success of your case and the likely range of damages.
Motor Vehicle Accidents
If you are injured as a result of a motor vehicle accident in which you were a passenger or a driver not wholly at fault, you may be entitled to compensation, as well as getting all your medical treatment bills paid.
Since the introduction of the Motor Accidents Compensation Act, the right of an injured party to claim damages for pain and suffering and the amount of damages recoverable have been limited and thresholds introduced. Timely and experienced advice should be sought to guide you through this complex system.
Time limits for claims are imposed.
Some claims (for example children) do not depend on fault of any kind.
As soon as an accident occurs is the time when you should seek advice.
Accidents have to be notified to the relevant CTP insurer within 28 days. You will require the help of your legal adviser from that time on to enable you to keep all records of treatment and assistance given to you by your family or friends. Costs are strictly regulated, and usually paid in part by the insurance company.
Workers Compensation Claims
If you an employee who is injured at work, you are protected by the provisions of the Workers Compensation Act and associated legislation.
In most cases, you will be entitled to weekly compensation payments while you are off work as a result of your injury.
In some cases, you may be entitled to receive a lump sum payment.
In all cases, your medical expenses will be paid by the insurer.
Don’t hesitate to seek our advice about your Workers Compensation Claim.
Generally speaking, when you visit places such as retail stores, hotels or motels, the operators of such establishments have obligations to keep the premises safe for customers and patrons. Falls do occur and people are often hurt through no fault of their own. If you require advice about claims of this nature, please call us to discuss.
If you are unsure about your rights or what to do please call us and we will help.