How Do You Know if You're Eligible for Personal Injury Compensation?


How Do You Know if You're Eligible for Personal Injury Compensation?

We’ve all seen those adverts on TV telling us that we can claim compensation for this, that and the other. But if you’ve been injured, how do you know if you’re actually eligible or not? What are the rules for making a claim, and how should you go about it? 
If you’re confused or unsure about your rights to personal injury, then here are the basics to get you started.

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How Do You Know if You're Eligible for Personal Injury Compensation?


How do I know if I’m eligible for a personal injury claim?

There are many different factors and aspects to consider when deciding if you’re eligible for a personal injury claim. Generally speaking however, if you have been injured as a result of someone else’s negligence or failure to act, then you are most likely eligible for a claim.

How long after the injury can I claim compensation?

Again, when it comes to making a claim there are many different factors to consider. Personal injury claims can come under a number of different laws and regulations depending on how and where the injury took place.

For example, was your injury sustained as a result of a motor vehicle accident? Or was it a slip and fall in a public place like a footpath, car park, shopping centre or rental property? Did the injury occur at work or was it as a result of medical negligence? Depending under which circumstances your injury occurred, there will be different rules to follow and strict time frames to adhere to.

Medical negligence or malpractice claims tend to have a three-year time limit under Australian law and public liability claims also have a three-year statute of limitations. This means that all legal action must be taken within three years of the day the accident or injury occurred.

In any case, making a claim as soon as possible will give you the best chance at success. Making your claim whilst your injuries and memories are still fresh will help you gather appropriate evidence and put together a strong case. 

The sooner you begin the legal process, the sooner you can get access to compensation that will help you to pay medical expenses and get the support you need. It’s therefore in your best interest overall to start the compensation claim as soon as possible after the injury is sustained.

Does it matter where the accident occurred?

Yes. The laws regarding your personal injury claim could also be affected by the location in which your injury took place. Although some laws are governed on a Federal basis and are therefore the same on a national level, others may differ from state to state. It’s important therefore to get advice from a local personal injury compensation lawyer who specializes in claims in your state.

How can I make a personal injury compensation claim?

Making a personal injury compensation claim can be a lengthy and complicated legal process. To give yourself the best chance at success, you should contact an experienced and reputable personal injury lawyer in your local area as soon as possible. They will be to help you evaluate whether or not you have a claim and advise you on the next steps in the compensation process.

Although hiring a lawyer may seem like a daunting and expensive prospect, it doesn’t have to be. Many fantastic personal injury lawyers offer a free trial period or a ‘no win no fee’ set-up. They also offer a free, no-obligation first consultation. 

The benefit of using these kinds of lawyers is that they will only take on your case if they believe that you can win. Because of the no win no fee factor, it’s in their interest to do everything within their power to make sure that they put forward the best possible case on your behalf.

Compensation claims can get complicated but if you sustained an injury because of someone else’s negligence, then you deserve to be compensated. To give yourself the best chance at success, contact a lawyer as soon as possible after the injury. They will be able to talk you through the entire process and ensure that you don’t get overwhelmed, confused or short-changed.

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