Personal Injury Compensation: All you Need to Know


Many Australians suffer a personal injury, which might be the result of a road traffic accident or a fall at work, and in some cases, it is possible to claim for personal injury compensation. There are many ways that a person might suffer an injury, and if they feel that a third party was negligent, it might be possible to claim compensation for the injury, which would be paid for by the third-party’s insurance.

Road Traffic Accidents

If a person suffers whiplash injuries due to a rear-end collision, the driver of the vehicle that caused the collision would be liable to pay compensation, and should the driver be found to be negligent, then their insurer would have to pay the injured person a sum that is either set by a court or is agreed in the form of an out of court settlement. A court might, for example, rule that a third party was partially liable for the injury and would therefore order than a portion be paid to the injured party.

Proving Negligence

Simply put, if your legal representative can show conclusively that the third party was, in fact, negligent and this resulted in you suffering personal injury, then the court would rule in favour of the claimant and fix a sum of money to be paid by the third party’s insurer. Here is a very useful online compensation payout calculator to help you find out how much you can claim.

Approaching a Personal Injury Claims Lawyer

Fortunately, the personal injury claims lawyer would be happy to offer you a free evaluation of your case, and should he or she feel that you have a strong case, they would take on the claim on a no win-no fee basis. This means you would not be put in the situation where your claim was unsuccessful and you had to lay a large legal bill, which has been known to happen.

If the legal expert feels that your case is a strong one, they would ask you to provide evidence that can be presented in a compensation court, which might include the following:

  • Video footage of the incident that caused the injury.
  • Still images of the scene, or the injury.
  • Medical and doctor reports, X-rays, or other medical data, including doctor statements.
  • Witness statements – People who witnessed the incident might be prepared to act as a witness in the case.
  • Medical bills and other injury-related costs you may have incurred.
  • A personal statement.
  • Loss of income – Details if you have suffered a loss of income as a result of the injury.
  • Details of dialogue between you and the third party.

Out of Court Settlements

More often than not, the third party does not dispute negligence and their insurer would rather settle the claim out of court, which saves everyone a lot of time and legal costs, and this is where the skills of your lawyer come into play, as the professional would do their best to secure a satisfactory outcome for you.