How to make a personal injury claim: 6 steps
In order to claim compensation for personal injury, you need to comply with certain procedural requirements.
Step 1: Report and notify about the accident and the injury sustained
The most essential step in the claim process, is to report and notify the relevant person or authority about your accident. For example, if you’ve been injured in the workplace, you need to inform your employer.
Similarly, if you are a victim of a motor vehicle accident, the police should be notified and a Traffic Incident Number (TIN) should be obtained. Our car accident lawyers can tell you more about this should you have any questions.
Lastly, if you have received a personal injury in a public place, you should declare your injury to the concerned local authority.
Learn more:
Step 2: Seek the advice of your doctor
Medical and diagnostic reports, including medical certificates obtained from your doctor, are evidence which can actually support your claim. Therefore, consulting your doctor is imperative both for your well-being as well as for making a claim for compensation.
Step 3: Lodge a claim
You should lodge a compensation claim with the relevant authority in the appropriate manner. You may lodge a claim in the specified format to your employer if you are claiming for workers’ compensation.
If you’re claiming for workers’ compensation, you may need to do so in a specified format. Speak to your employer or your lawyer about how to do this.
To lodge a claim for a motor vehicle accident, you will need to apply with the insurance company of the owner/driver of the motor vehicle at fault.
For Public Liability claims, you will need to lodge your claim with the insurance company of the person or the authority at fault.
Step 4: Seek legal advice
We highly recommend seeking legal advice from a personal injury specialist so you’re aware of:
- Your legal rights and entitlements in a personal injury claim
- How to proceed while making such a claim
- How long the entire process might take
A note about the acceptance or rejection of your claim: It might take up to 28 business days for your claim to be either accepted or rejected. In case your claim is accepted by the appropriate insurance company, you may receive:
- a weekly wage, the amount of which depends on the State where the accident happened or the injury was caused;
- out of pocket expenses;
- repayment of your medical expenses; and
- referrals to medical specialists and rehabilitation providers.
However, if your claim is rejected, you should explore the options available with your lawyer. Your claim may have been rejected due to non-disclosure or partial disclosure or wrongful disclosure of facts, so it’s important you involve an experienced lawyer from the get go.
Step 5: Receive necessary medical treatment
You should get all the required medical treatment you need while pursuing a claim for personal injury.
Step 6: Settlement
In personal injury claims, damages are awarded for:
- Pain and suffering
- Loss of income
- Medical treatment expenses
- Domestic care and assistance
- Any other losses which may arise
Seek your solicitor’s advice in case you receive any monetary compensation against your claim for personal injury. This will prevent you both from relinquishing your right to a further claim of damages or receiving an amount less than your actual entitlements.
How long do you have to make a claim for personal injury?
Compensation claims for personal injury should be brought within 3 years from the date of occurrence of the injury. This 3 year period also includes the time you spend complying with the Pre-Court requirements a.k.a informing the Police and/or lodging complaints with the appropriate authorities.
Your failure to commence Court proceedings within the limitation period will take away your right to claim compensation.
Learn more: personal injury claim time limits
If you’re looking for the law firm Sydney residents trust, look no further. You can bank on the advice of our personal injury lawyers in Sydney. Contact Owen Hodge Lawyers on 1800 770 780 for any matter relating to your personal injury claim.
Personal injury claim FAQ
Who pays in a personal injury claim?
In most cases, the at-fault person/company’s insurance company. However, if the person/company doesn’t have insurance, you will need to take legal action against them directly to get them to pay the compensation.
What is the average payout for a personal injury claim?
It ultimately depends on the extent of your injuries and on the situation, so we cannot give an exact figure. However, if you are looking to make a claim and want to know how much compensation you’ll receive, talk to the lawyers at Owen Hodge.
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