How does a Personal Injury Claim work?

A personal injury claim arises from an incident or accident causing personal injury as a result of an act or omission of another.

Victims of injury who have suffered as a result of someone else’s negligence may claim damages.

An overview of personal injury

The scope of the instances when personal injury laws apply is quite broad:

Accidents

When someone else’s negligence results in the physical or mental harm to another, particular rules governing the circumstances in which the injuries arose come into play. Instances of occupier’s liability, motor vehicle accidents, and workplace injuries are just a few examples.

Intentional behaviour

When there is a deliberate or intentional act resulting in harm to a person, personal injury law also comes into play. Assault and battery are two common examples of intentional wrongdoing.

Defective products

Anyone injured as a result of using a faulty or otherwise unsafe consumer product may have legal recourse against the product’s manufacturer or supplier through a product liability claim.

Who makes personal injury laws?

The common law often serves as the basis for modern personal injuries statutes. The term “common law” is used to describe the law made by judges in a court using previously determined matters as a precedent to decide how they will judge a case before them.

The parliament has also created statute law to vary or modify the common law and provide rules on what may or may not be claimed.

For instance, workplace injuries require certain thresholds to be met before a claimant is entitled to make a common law claim for damages.

There are also time limits on filing a claim with the court, which in most claims is three years from the date of injury.

How does a personal injury claim work?

As a result of the various statute laws relating to different types of injuries, no two personal injury cases will have the same outcome, because no two accidents are identical.

When an injury occurs, a variety of factors will determine what a claimant’s rights are and who is legally responsible for a claim.

If it is clear that a defendant has breached a duty of care that has caused damage to a claimant, discussions may be entered into with an insurance company to attempt a settlement out of court.

If a claimant accepts a settlement offer, the matter is completed forever.

If a claim cannot be settled, proceedings may be commenced. The parties can continue negotiating or can proceed to a determination of the claim via the relevant tribunal or the court.

Having a conversation with a personal injury lawyer about your circumstances is a good first step if you’re considering making a claim for a personal injury.

Please contact Anthony Frisina of Frisina Lawyers in Sydney on 02 9602 4999 for an initial obligation-free consultation.