If you have been injured because of the actions or negligence of someone else, then you may be able to make a claim for personal injury compensation. We can help you with your compensation claim and our expert personal injury lawyers will guide you through the process.
If you’ve been injured at work, in a car, a transport-related accident or in a public or private place, then in a lot of cases you have a legal right to personal injury compensation and in many cases to sickness & accident insurance.
Do I Have a Claim?
To succeed in a personal injury claim you must prove three things:
- You were owed a duty by the person who injured you
- A breach of that duty
- The breach caused your resulting injury
How Much Can I Claim?
You can recover financial compensation to the extent the person or entity is at fault, has been negligent, or has breached a statutory duty owed to you. If “fault” can be proved, medical evidence is needed to show your injury has resulted from it.
Personal injury can cause you pain and disability, affect your employment or cause you and your family financial distress. Compensation is payable for all of those things. Our compensation calculator can help you estimate your compensation entitlement.
Is My Claim Worthwhile?
Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.
There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.
Carter Capner Law has special expertise in liability issues associated with severe brain injury and spinal injury accidents for children and adults. We also have the depth of knowledge and professional connections to formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.
What are Common Defences Against a Compensation Claim?
Common defences against an injury compensation claim include, provocation, self defence and consent. If a defence to a claim for damages is successful, then a case may fail entirely.
In the case where you have contributed to the negligence causing your injury, your damages awarded may be reduced to the extent of your contributory negligence.
How Quickly do I Need to Make a Claim?
There are strict time limits to take action on personal injury claims. You should act quickly to ensure that your right to claim damages for your injury is not lost.
For most claims there is an absolute cut-off of 3 years from the date of accident, but in many cases onerous “pre-court” steps must be taken earlier.
Different time limit rules apply to children and persons under a legal incapacity (e.g. unsound mind). For airline related injury claims, the cut-off date is 2 years.
How is a Claim Investigated?
A specialist personal injury lawyer at Carter Capner Law will work with you to thoroughly investigate all aspects of your claim.
What evidence do I need to keep and collect?
To assist your lawyer with the investigation, it is important to try to do the following:-
- Make notes of your recollection of all events relevant to the accident
- Record names and addresses of witnesses
- Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
- Take photos and video of any product, equipment or object that injured you
- Take photos of your injuries
- Keep any defective product which caused an injury
- Collect contractual records. For sporting injuries, this includes club membership application forms and sign-on forms. For injuries in a car park or theatre this includes the entry ticket
- Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
- Keep all invoices and receipts for medical, chemist etc expenses
- Record details of assistance provided by friends and family members
- Keep details of your absences from work caused by the injury
- Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes
How is a Medical Injury Assessed?
Each personal injury compensation claim requires a medical investigation. The extent of your injury determines the amount of damages you can claim as compensation. The investigation process involves obtaining all medical records and usually reports from your treating doctors.
We will need to obtain specialist medical opinion to establish the extent of your injury and loss of earning capacity. The at-fault party may also require you to be examined by a medical specialist.
No-Win No-Fee – Getting Started
For more information on personal injury law or to get started on a compensation claim please fill out this enquiry form.
On logging your enquiry, one of our friendly Brisbane team will give you a call to help establish the urgency of your claim. We will go through some simple questions with you relating to the cause of your accident, who might potentially be at fault, the extent of your injury, Civil Liability issues, contributory conduct, employment status and medical history.
From that initial contact, we will arrange a meeting with you at one of our Brisbane or Gold Coast offices, or at your home. At our meeting we can give you more information about the claim process and chat with you about the viability of your compensation claim. We will also confirm your eligibility for no-win no-fee terms to pursue your case.
For expert advice and professional support – Contact us today!