When Can you Claim Compensation For A Personal Injury?

Updated: Jul 21



Photo courtesy: Sunny ng collected from Unsplash


If you are injured in an accident because of someone else’s action, you may be entitled to personal injury compensation. A personal injury claim is designed to provide financial compensation to you if you have suffered injury or harm due to someone else’s negligence or wrongful actions. There are many different types of personal injury. Personal injury law covers a wide range of situations that may make you eligible to claim compensation for your injuries. You must consult with a personal injury lawyer to find out how best to approach your particular case. You should take immediate legal action if you believe that you would be eligible for personal injury compensation.


In this article, I am attempting to provide you with the information where you can claim compensation for your injuries.



1. Motor Vehicle Accident( TAC)-


If you have been injured on the road or any of your family members has died in an accident on the road that involved a car, bus, truck, tram, train, scooter, motorbike or bicycle, you may be entitled to compensation.


Unfortunately, even the best drivers can find themselves in road accidents causing serious injury or harm due to the negligent actions of another driver. While it is impossible to eliminate this risk, there are steps you can take to make sure that you get adequate compensation. There are laws to ensure that you receive compensation for the suffering you may have endured due to another driver’s wrongful conduct.


Motor vehicle accident injuries are covered by personal injury compensation. You will need to get advice from a personal injury lawyer to discuss if your injuries meet the degree to which you are entitled to make a personal injury claim. You need to obtain expert medical opinions on the following:

  • nature and extent of your injuries ;

  • impact of those injuries on your daily activities and

  • chances of your condition may worsen over time.



2. Workplace Accident Compensation-


As an employee, you have the right to come to a safe work environment. You are entitled to perform your daily tasks without fear of injury or harm. If you are injured in a workplace accident, you may be entitled to receive personal injury compensation depending on how serious your injuries are.


To hold your employer responsible for your injuries to claim compensation, you will need to prove that:

  • there was a duty of care owed to you by your employer;

  • the duty was breached by your employer;

  • there was a clear link between the injuries or harm you sustained and the breach of the duty of care.



3. Slip and Fall in Public Places or Public Liability-


If you got injured in a private or public place due to someone else’s negligence, or due to a faulty or unsafe product, you may be entitled to compensation.


We have the right to feel safe in public settings like shopping centres, supermarkets, offices and schools. Owners of public spaces have obligations to take care of the safety of their patrons. They need to take all necessary precautions to make sure their patrons do not get injured due to any action or inaction(e.g. displaying wet floor signs). If you are involved in a slip and fall incident because of the careless actions of the owner of public premises, you should consider seeking personal injury compensation.


Slip and fall injuries can be quite severe depending on your situation. You may find yourself unable to work or complete your usual daily tasks. If you find yourself in this situation, it is important to consult with compensation lawyers on how personal injury claims work. You can get help in making a personal injury claim.




4. Medical Negligence-


Every patient has the right to expect the very best care from their physician Medical practitioners owe one of the highest degree of care towards their patients because of the nature of their profession. Medical malpractice is treated very seriously as it is a question of a medical practitioner’s quality of care and it involves the wellbeing of the society at large.


Medical negligence is an injury or consequence of medical treatment that could have been prevented or rectified. If you are involved in a situation where you suspect medical negligence, you should consult with a compensation lawyer.


Medical negligence is a medical practitioner’s failure to act reasonably when another doctor would have. Medical negligence covers situations such as:

  • Failing to diagnose a medical condition or misdiagnosing it;

  • Prescribing incorrect medication or dosage;

  • Failure to communicate what is involved in a procedure and what risks are involved with it;

  • Performing procedures without required qualifications for it;

  • Improperly administering anesthesia


5. Asbestos-


If you have suffered an injury due to asbestos exposure, you may have a compensation claim. In cases of asbestos-related injuries, your entitlement will usually include-

  • medical and associate costs;

  • a lump-sum payment;

  • a provisional payment of compensation with a right to sue for a further award of damages in the future;

  • Superannuation benefits. If you have taken out income protection as part of your superannuation policy, you may be able to make a claim. In addition, you are entitled to a Total and Permanent Disability (TPD) or Permanent Incapacity claim within your Superannuation Scheme.



6. Claim Against Superannuation Fund-


If you are unable to work due to injury or illness, you may have a claim against your superannuation fund. If you had an active policy at the date when you last worked or when you injured yourself, you will be able to claim the benefits from your super fund.

These benefits may include:

  • income protection which provides you with a regular income for some time while you are unable to work.

  • Total Permanent Disability benefit, where you are unable to work using your skills and experience due to the injury;

  • death benefit, payable to the policy holder’s beneficiaries in the event of their death.

  • trauma benefit for the illnesses like cancer, heart attacks and strokes. Your policy may give you entitlement to a lump sum payment where you suffer from the specific trauma.

If you had multiple superannuation policies, you may be able to make multiple Total Permanent Disability claims.


Every superannuation fund is different in its definitions, criteria and requirements for a claim. Your entitlements depend on both the terms of the trust deed and the specific insurance policy.



Which Losses can be covered by Personal Injury Compensation?


Personal injury compensations are designed to compensate for the loss or injury that you have suffered due to someone else’s negligence or fault. You will need to provide evidence of what consequences you have suffered as a result of your injuries. You can expect your personal injury compensation to cover:

  • Medical expenses

  • Loss of earnings

  • Physical and psychological suffering

  • Loss of enjoyment of life


How Law Circuit can Help You-


If you have suffered a personal injury, you may be entitled to receive compensation for that. You can find out your entitlement by consulting a compensation lawyer. In Law Circuit, we help our clients to find the lawyers who can give you the best legal advice on your compensation claim and help you to achieve the best outcome. If you need help with your personal injury claim in Victoria or you need to find a lawyer in Melbourne, please contact us at www.lawcircuit.com.au or call us on 0418631798 or email us at bonhi@lawcircuit.com.au


We are here to make your legal journey easier.


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