An accident can change your life in an instant. A car crash on the way to work, a fall in a poorly maintained shopping centre, an injury on a worksite, or a mistake during medical treatment can leave you facing pain, time off work, mounting expenses and an uncertain future. If someone else’s negligence caused your injury, you may be entitled to compensation, and understanding your rights is the first step toward recovery.
At Owen Hodge Lawyers, our personal injury team helps people across Sydney and New South Wales pursue the compensation they are entitled to. This guide explains how personal injury law works in NSW, the most common types of claims, the process involved, and why acting promptly matters.
What is personal injury law?
Personal injury law allows a person who has been hurt physically or psychologically because of another party’s negligence or a breach of duty to seek compensation for their losses. The aim of compensation is not to punish the person at fault, but to put you, as far as money can, in the position you would have been in had the injury never occurred.
In New South Wales, personal injury claims are governed by a mix of legislation and common law, including the Civil Liability Act 2002 (NSW), the Motor Accident Injuries Act 2017 (NSW), and the workers compensation legislation. The scheme that applies to your claim depends on how and where you were injured, which is one reason early legal advice is so valuable.
Common types of personal injury claims
Personal injury is a broad area of law. Some of the most common claims we assist with include:
Motor vehicle accidents. If you are injured in a car, motorcycle, bicycle or pedestrian accident on a NSW road, you may be able to claim under the state’s Compulsory Third Party (CTP) scheme. The scheme provides statutory benefits such as payments for medical treatment, care and loss of income (often regardless of who was at fault), and may also allow a common law damages claim where another driver was negligent and your injuries meet certain thresholds.
Workplace injuries. If you are hurt at work or develop a condition because of your work, you may be entitled to workers compensation, which can cover medical expenses, weekly payments while you cannot work, and lump sum compensation for permanent impairment. In limited circumstances where your employer’s negligence caused a serious injury, you may also be able to pursue a work injury damages claim.
Public liability claims. These arise when you are injured in a public place or on someone else’s property, for example: slipping on a wet supermarket floor, tripping on a broken footpath, or being hurt at a venue or event. If the occupier failed to take reasonable care for your safety, you may have a claim.
Medical negligence. When a doctor, hospital or other health professional fails to provide a reasonable standard of care and you suffer harm as a result, you may be entitled to compensation. These claims are complex and require careful investigation and expert medical evidence.
Total and Permanent Disability (TPD) and superannuation claims. Many Australians hold TPD or income protection cover through their superannuation without realising it. If an injury or illness stops you from working, you may be able to make a claim on these policies.
How the claims process works
While every claim is different, most personal injury matters follow a broadly similar path:
First, we assess your situation, confirm which legal scheme applies, and advise you on the strength of your claim and any deadlines that apply. Next, we gather evidence including medical records, incident reports, witness accounts and expert opinions. This is to establish what happened, who was responsible, and the extent of your losses. We then lodge the relevant claim and negotiate with the at-fault party or their insurer on your behalf. Many claims are resolved through negotiation or a settlement conference. If a fair outcome cannot be reached, the matter may proceed to a court or tribunal for determination.
Throughout this process, having an experienced solicitor on your side means you are not left to deal with insurers and complex legal requirements alone while you focus on your recovery.
Time limits: why acting quickly matters
One of the most important things to understand about personal injury claims is that strict time limits apply. As a general rule, many personal injury claims in NSW must be commenced within three years of the injury, but shorter deadlines and early notification requirements often apply, particularly for motor accident and workers compensation claims, where forms may need to be lodged within weeks or months of the accident.
Missing a deadline can mean losing your right to claim altogether. Evidence can also fade over time; memories dim, records are lost and injuries become harder to link to a specific event. For these reasons, we strongly encourage anyone who has been injured to seek advice as soon as possible, even if you are unsure whether you have a claim.
What can you claim compensation for?
The compensation available depends on the type of claim and its severity, but may include:
- Past and future medical, hospital and rehabilitation expenses
- Loss of income and loss of future earning capacity
- The cost of care and assistance you need because of your injury
- Out-of-pocket expenses such as travel to medical appointments
- Compensation for pain, suffering and loss of enjoyment of life, where the relevant thresholds are met
A lawyer can help you understand what you may be entitled to in your particular circumstances and make sure nothing is overlooked.
How Owen Hodge Lawyers can help
Personal injury law is technical, and the schemes that govern it are designed to be difficult to navigate without help. Insurers have teams of lawyers and claims managers working to limit what they pay. You deserve someone in your corner doing the same for you.
Our personal injury team can:
- Assess your claim and explain your rights in plain language
- Identify every avenue of compensation available to you, including super and insurance entitlements you may not know about
- Handle the paperwork, evidence-gathering and negotiations on your behalf
- Deal directly with insurers so you can concentrate on getting better
- Fight for a fair and full settlement, and take your matter to court if necessary
Many personal injury matters can be run under a “no win, no fee” arrangement. Ask us about how our costs work when you get in touch.
Get advice today
If you or a loved one has been injured because of someone else’s negligence, don’t wait to find out where you stand. The sooner you get advice, the more we can do to protect your rights and preserve the evidence your claim depends on.
Contact Owen Hodge Lawyers today to arrange a consultation with our experienced personal injury team. We’re here to help you understand your options and move forward with confidence.
This article provides general information only and is not a substitute for legal advice. Personal injury laws differ between states and territories and change over time, and the outcome of any claim depends on its individual facts. For advice about your specific circumstances, please contact Owen Hodge Lawyers or another qualified legal practitioner.