Curious about the common personal injury claims in Australia? If you have suffered a personal injury, you know how it can upend your life. Thankfully, you can claim compensation when another person’s negligence causes an accident or illness that triggers a loss.
We all know that accidents happen, and the aftermath can cause significant physical and psychological injury, regardless of whether it was a car accident, work injury, illness, or slip and fall.
If this is your situation, an expert personal injury lawyer can help you know your legal rights and eligibility for fair compensation.
Common Personal Injury Claims
This article will examine the common types of personal injury claims and the ones that often lead to successful compensation payouts. By knowing more about the types of compensation and the legal process, you are better prepared for the path to justice.
In this article, we will discuss the following:
- Explore the concepts of negligence and liability.
- Review the common types of compensation claims.
- The steps for preventing injuries
Exploring Negligence and Liability in Personal Injury Cases
In Australia, the legal concepts of negligence and liability determine a successful personal injury claim.
Firstly, negligence refers to someone failing to take reasonable care to ensure your safety. In most situations, we owe each other a legal duty of care.
On the other hand, liability is our legal responsibility for our actions or failure to act.
Hence, for a valid personal injury claim, you must prove that the negligence of the other party and their actions (or failure to act) caused your injuries. Proving negligence relies on robust evidence like photos, videos, witness statements, medical reports, expert assessments, and other documents.
In this situation, preparing a solid compensation claim requires the support of an experienced personal injury lawyer. They will know how to build a robust case to secure your desired lump sum payout. Remember, the injured person carries the burden of proof, so it is crucial to submit your best claim.
What are the Common Types of Personal Injury Claims?
There are many kinds of personal injury claims for an extensive range of physical or psychological injuries, but some common types include:
- Head injuries: from traffic accidents, slip-and-fall accidents, and at work
- Back and Spinal Cord: from motor accidents, falls, or sporting injuries and resulting in long-term harm or paralysis.
- Whiplash: most often from rear-end car accidents.
- Product injuries: when faulty products cause harm
- Severe and catastrophic injuries
- Wrongful deaths and fatalities
- Psychological injuries: emotional distress and mental health claims
Car Accidents and Personal Injury Claims
Car accidents are one of Australia’s most common causes of personal injury claims. Despite increasing penalties, motorists still harm each other by speeding, driving drunk, ignoring traffic signals, and driving while distracted.
Injuries sustained in a motor vehicle accident include whiplash, broken bones, and, in more severe cases, spinal trauma or traumatic brain damage.
Types of Motor Vehicle Accidents
Personal injury claims from motor vehicle accidents happen with a range of vehicles, including:
Road Safety Tips
Stay safe on the road by taking precautions like:
- Keeping a safe distance from other vehicles
- Obey the traffic signs and signals.
- And never drive under the influence.
Most importantly, ensure you have insurance coverage to protect yourself financially if you have a motor vehicle accident on Australian roads.
Slip and Fall Accidents and Personal Injury Claims
Slip and fall accidents occur in various situations, but often in a shopping centre, store or while walking or jogging on a public footpath. These accidents frequently cause medical conditions like fractures, head wounds, sprains, and other soft tissue damage.
Protect yourself from a falling accident by:
- Staying alert to your surroundings
- Look up from your phone.
- Be aware of wet or slippery floors & uneven surfaces.
In the unfortunate situation that you have suffered an injury in a slip-and-fall accident, you should:
- Record the event with photographs and video of the scene.
- Report the incident to the venue owner or manager.
- Get medical help.
- Speak with a personal injury claim lawyer.
Workplace Accidents and Personal Injury Claims
You should be safe at work in Australia; still, workplace accidents happen in many industries. However, the most hazardous sectors for work-related injuries are construction, medical and health, agriculture and forestry, transportation, and warehousing.
Types of Workers Compensation Claims
Workers’ compensation claims financially support employees harmed on the job or while completing a work-related task. Unfortunately, injured persons often suffer physical and psychological damage or acquire a new or worsened occupational illness. In Australia, common types of work injury claims include:
Additionally, you could claim a compensation payout for permanent impairment when you have sustained severe injuries.
Next Steps for a Workplace Injury
If you have a job-related injury, you must immediately:
- Lodge an accident report with your employer
- Seek medical attention.
- Contact an expert workers’ compensation lawyer to know your rights.
- Lodge a workplace injury claim.
Remember that Australian workplace health and safety legislation guarantees all workers the legal right to a safe and healthy workplace.
Medical Negligence and Personal Injury Claims
Medical negligence happens when a healthcare provider fails to give you sufficient medical care; hence, a patient suffers a loss. Some common examples include surgical errors, misdiagnoses, incorrect diagnoses for a severe medical condition, and incorrect medication.
Generally, a high degree of legal expertise is required to prove a duty breach for this type of personal injury claim. Typically, you will need expert assessments, medical evidence, and testimony to have a chance of a successful outcome.
If you have suffered from medical malpractice, please contact a compensation lawyer specialising in health litigation. When you want the best outcome, build a compelling case with their expertise and personal injury claim process knowledge.
Public Liability Claims & Personal Injury
Public liability claims for personal injuries happen when a manager or property owner fails to ensure the safety of people using their premises. However, Australian Civil Liability Legislation covers the right to financial compensation in a wide range of circumstances, including:
- Accidents in public spaces like shops, hotels, casinos and other venues
- Theme Park, gym and recreational injuries
- Faulty products
- Accidents on council property
- Rental property injuries
- Animal attacks
- Food poisoning
- School, university and childcare accidents
- Travel and transportation accidents
If you have a public liability injury, you could have a successful claim and receive a personal injury settlement for lost wages, medical costs, travel expenses and lost quality of life.
Product Liability and Personal Injury Claims
Product liability is the legal obligation of manufacturers, distributors, and retailers to provide customers with safe, defect-free products. Hence, you could be owed financial compensation when faulty equipment like a dodgy car or vehicle part, a defective toy, or a dangerous pharmaceutical drug causes an injury.
There are generally three main categories of product injury claims
- Design errors before manufacture
- Manufacturing defects
- Warning failures
If a product has harmed you, try to keep the goods in their current state and then contact an experienced lawyer to know your right to make a personal injury compensation claim.
Checklist for Personal Injury Compensation
When you suffer an injury triggered by the negligence of another person or party, consider these three questions:
- Did someone else wholly or partly cause you harm?
- Was medical care necessary for your recovery?
- Could the at-fault party have prevented your harm?
- Did the damage cause you a financial loss?
If you answered yes to these four questions, you could seek a personal injury claim payout. Contact an experienced compensation law firm now for a free case review.
What are Common Law Damages?
Common law damages (compensatory damages ) are the financial payments awarded to injured persons to compensate for their loss. Furthermore, a damages payout is recognised as a personal injury claim’s complete and final settlement.
What are Heads of Damages?
Heads of damages are the compensatory components considered when determining the value of a personal injury claim settlement. Calculating the payout amount involves assigning a monetary amount for each ‘head of damage’, thus deciding your lump sum compensation payment.
A claim for damages considers these elements:
- Past and future medical expenses
- Pain and suffering (lost enjoyment of life)
- Past and future economic loss
- Care and assistance
- Property damage
Steps to Take After a Personal Injury Accident
Knowing the steps after an accident can help protect your legal rights, speed your recovery, and build a stronger personal injury case.
- First, seek immediate medical attention, even if your damage seems minor.
- Second, report the incident to the appropriate person, e.g., your boss, the police, or the shopping centre manager.
- Next, begin gathering evidence for a compelling case
- Finally, get expert legal advice from a reliable injury lawyer.
How to Protect Yourself from a Personal Injury Claim
By taking an active role in your safety and ensuring your home and place of employment are secure, you can protect yourself from personal injury. Here are a few easy steps:
- Obey the road rules and traffic signs
- If you have a swimming pool, maintain a secure fence.
- Let your employer know when you recognise a workplace hazard.
- Wear personal protective equipment (PPE) when required.
How a Personal Injury Lawyer Helps With Negligence Claims
When you want to file a successful negligence claim against a party at fault, personal injury lawyers are a crucial source of assistance. They will guide you step-by-step through the claim process to your desired compensation payout.
Typically, an insurance company finances your personal injury compensation payment, making it difficult to obtain compensation for injuries. They often seek to increase your liability while decreasing theirs so that you receive a smaller payout. This is where an expert litigation lawyer can assist.