What is the legal definition of personal injury?
Personal injury is a legal term, referring to being injured to the body, mind, or emotions. This contrasts from most claims, which would be damage to property, whereas injury is about the damage the victim suffers. In most legal jurisdictions, injury refers to a type of tort lawsuit where the victim is suing the plaintiff for not taking due diligence and allowing the defendant to get hurt.
Who can claim a personal injury accident claim?
This kind of claim can be made by any person who has gotten injuries or suffered personal losses in an accident due to the negligence or fault of any other person. Furthermore, as per Australia’s laws, the dependent of any person who has suffered injuries can also file a claim.
How to claim personal injury?
The first thing you need to do is to seek expert advice. It is recommended to consult a specialist personal injury attorney to deal with your case. They will, at first, verify whether your claim is valid or not and then guide you with the other proceedings.
The key here is not to waste time. Take prompt actions as a delay in filing a personal injury claim can reduce your chances to get compensated. Furthermore, when filing a personal injury claim, share every major and minor detail of the accident that caused losses. Do not miss out on sharing any detail as even the minor of negligence on your part can prove to be fatal.
Once your attorney has all the required details and they are ready with the injury insurance claim, they will collect the necessary documents. These include your statement, witness statements, and medical reports etc. After that, they will file your claim through proper channels.
It is to be noted that a personal injury accident claim includes certain processes. Therefore, their proceedings may not happen in a matter of days. Getting compensated requires a lot of patience as it can take a long time.Â
What can be claims made for?
You can make a claim for the following things:
- Any medical expenses that you have born as a result of an accident
- Medical expenses you are slated to bear in future
- If the accident has caused loss of your earnings in the past, you can make a claim for it. Moreover, in case, you are certain that the accident can result in future loss of income, you can also file a claim for it as well
- Claims can also be made for non-monetary damages
- If, in an unfortunate case, a person died in the accident, their dependents are entitled to make a claim for funeral costs
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References
Apply for personal injury benefits
Personal injury benefits can be income support payments, medical expenses and/or vocational rehabilitation programs while you recover.
Institute of Trauma and Injury Management
Car Accident, Motor Cycle Accident in Australia?
What to do with your insurance if you suffer a slip & fall accident.
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