Personal Injury Claims: Expectations vs Reality Ticking the Right Boxes

2022-06-17T17:08:49+10:0017/06/2022|Injury|

Personal Injury Claims: Expectations vs Reality

True Story. It was bucketing rain with flooding everywhere, saturating the ground and overflowing the rivers. A phone call comes into our office. A young person has just purchased takeaway food at a local Multinational Fast Food Outlet. She walked outside, slipped on the wet path, and fell, hurting her wrist. She rang us hoping for a significant compensation payout.

We asked the questions to tick the boxes:

  1. Have you been to the doctor or hospital?
  2. Are you employed, and will this injury stop you from working?
  3. Will this injury impact your life long-term?
  4. Was there anything that this place could have done to prevent your accident?
  5. The accident has happened anywhere in Queensland.

In this particular personal injury claim she had not seen a doctor (and did not intend to). She was unemployed, so the sore wrist would not impact income earnings. And with the heavy rain falling over the suburb, causing wet surfaces everywhere, there was nothing the Fast Food Giant could have done to prevent the fall.

To make any personal injury claims

  • There must be an insurer of the premises or facility you had the accident at.
  • There needs to be fault by the owners or occupiers of the premises. They should have / could have done something reasonable or within their duties to prevent your accident.
  • The injury has caused loss to you. It might be a loss of wages, employment or lifestyle.

We are not the lawyer for you if you want to scam an insurance company.

But we know accidents happen, and if they do, we can step in and advocate for you whilst you return to the best version of yourself. Some injuries cause permanent damage, and other injuries can eventually repair with surgery, medication, physiotherapy, counselling and other treatments over time. Whatever type of injury you have had, we are in this for the long haul with you and for you.

If you have had an accident, give us a ring, and we will chat. There are time limitations in making a personal injury claim so don’t hesitate too long!

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Time limitations on injury compensation claims

2022-06-06T09:49:38+10:0020/04/2022|Injury, Uncategorized|

Time Limitations On Injury Compensation Claims

The injuries you suffer can have a dramatic effect on your life. Personal injuries have the potential to impact your family, work and burden you with large medical expenses. The good news is that you may be entitled to make a personal injury claim against the person or organisation responsible for your injury. 

 

When you make a claim for an injury that occurs at work, in public or while driving, you can seek money to cover the value of your damages. In most cases, this means you can claim compensation for things like medical expenses and lost wages, but in cases of severe injury, you may also be able to claim damages to cover undue psychological suffering. The severity of your injury and the setting where it occurs will have an impact on the claim you can make, especially in the form of time limits. In this blog, we will cover how much time you have from the date of your injury to lodge and resolve any claims you need to make.

 

Workers’ Compensation Claims Time Limits

If you are injured at work, then you may lodge a claim with WorkCover Queensland within 6 months of the injury occurring. Queensland’s Workers’ Compensation system has a ‘no fault’ scheme that means you are entitled to apply for compensation, regardless of who caused your injury. The 6-month time limit may be waived by WorkCover in special circumstances, such as:

  • Where a WorkCover medical tribunal decides that your case involves special circumstances of a medical nature.
  • Where WorkCover is satisfied that your failure to lodge a claim was due to a mistake, your absence from Queensland or for some other reasonable cause.

 

Public Liability Claims Time Limits

When your injury occurs in a public place and is due to someone else’s negligence, you must lodge and resolve your public liability claim within 3 years of the injury occurring. Despite the name, public liability claims also cover injuries that occur in private places, such as at sporting fields and shopping centres. Public liability claims are often lodged for the typical slips and falls but may also cover more unusual injuries such as food poisoning.

The most common types of public liability claims in Queensland include:

  • Injuries at parks, leisure centres or other public places
  • Injuries at rental properties
  • Injuries on private properties such as shopping centres
  • Injuries at schools and universities

Proving your public liability claim will usually include showing that the owner of a property owed you a duty of care and that they failed to meet an appropriate standard of care.

 

Motor Vehicle Claims Time Limits

Car accidents are an unfortunate reality of driving on Brisbane’s roads. If you are injured in a car accident, you can claim a personal injury within 3 years of sustaining the injury. Due to the severity of car accidents, it is important to seek legal advice as soon as possible. Minor injuries can worsen significantly over time, and if you miss the 3-year window to lodge your claim, you may not be able to claim any damages at all. Some types of injury also have much shorter limitations placed on them, so speak to your Revolution Lawyer as soon as possible.

 

What Happens if I Miss the Time Limit on a Claim?

Depending on where and how your injury occurred, you may still be able to make a claim after the nominal time limit has expired. These extensions are usually only granted in exceptional circumstances and are at the full discretion of the court. If you suffer a personal injury at work, in public, while driving your car, or at any other time, it is important you seek legal advice as soon as possible.

 

Do You Have a Personal Injury Claim? Revolution Law Can Help

Injuries can have a major impact, but lodging a personal injury claim can help you manage the difficulties and keep your life on track. Due to the complex nature of personal injury matters, it is important that you seek legal advice as soon as you can. Any claims you need to make will be subject to a time limit, and courts are not always able to grant extensions if the limit has expired.

Speak to Revolution Law about any work-related or personal injuries, and let our team provide the help and support you need. We will assess your case and determine whether you have a viable claim, and then walk you through the process of correctly recording and lodging your claim. Get in touch with us today and let your Revolution Lawyer help you work towards the best possible outcome for your situation.

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