If you have been recently involved in a car accident and received a personal injury through no fault of your own, then you may be eligible for compensation. You can usually sue the person or the organisation that is responsible for the injury to claim damages. In cases where the party responsible for the damages isn’t clear, you can still make a claim and get compensation through the Government.
Types of Accident Claims
A person can suffer roadside injury in one of two main ways.
- They are driving a vehicle or motor cycle and get hit by another vehicle or object that causes an injury or sends their vehicle out of control causing the injury.
- The person is a pedestrian and gets hit by a vehicle, motor cycle or any other object that causes and injury.
The person who suffers the injury is entitled to make a claim for any losses incurred as a result of the accident.
What Can You Claim
People injured in an accident can file for car accident compensation claim for the following.
- Medical Expenses and Hospitalization fees
- Extra expenses that they have to bear due to injury such as travel fares
- Loss of Earning due to injury
- Expenses incurred for domestic assistance required due to injury
- Compensation for permanent injuries or disabilities due to he accident
- Any payments made for future economic losses caused by the injury
- Injury compensation for pain & suffering caused due to the accident
- Funeral costs in case of death of a passenger
The different states and territories in Australia have their own laws, thresholds and entitlements which apply in different circumstances. A personal injury lawyer from your state can guide you best on the particular compensation procedure and amount in your state.
Who Can Make A Claim?
Any person who is injured within Australia as a result of another party’s negligence can make a claim for compensation. In some cases, you can make a claim even if you believe that the accident was caused due to your fault or you are partly to blame for the accident.
Length of the Claim Process
The claim process does not get settled in days. Sometimes it can take months and even years before you get compensated. You should be patient during the court proceedings and consult with your lawyer on things are going.
You should initiate the claim process as soon as you can after the injury. The longer you delay it, the more difficult it can become to prove liability and get compensated. Many law firms offer a free first consultation to determine your case and take the case if there is a strong chance of winning.
Who Pays the Compensation?
This will depend on the circumstances. In some cases, the person responsible for causing the injury will be determined as liable to pay the costs. In other cases, the court may determine that the organization that caused you the injury should compensate you.
It is also possible that your insurance company is ordered to compensate you for the injury. This can happen depending on your insurance policy and whether you are determined responsible wholly or partly responsible for the accident.
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