Saturday 17 November 2012

Brisbane Personal Injuries Law

By Guy McEntyre


Personal injury is the legal term for an injury to the body, mind, or emotions, as opposed to property injury. The most common types of personal injury claims are road traffic accidents, assaults, home accidents, product defect accidents and accidents that can occur while you are on holidays. The term can also incorporate medical and dental accidents; (medical negligence), and numerous conditions, eg. asbestosis, repetitive strain injuries, asthmatic conditions, occupational stress.... and the list goes on.

If you have had a car accident injury or work injury, or indeed any injury you believe may have been caused by wrongful actions or negligence by another party you may be entitled to compensation. Making a claim isn't as complicated as you may expect.

The amount of monetary compensation you might receive following a personal injury can depend how severe the injury was, for eg broken bones, brain damage, amputations, etc usually receive the highest settlements. Speaking with a solicitor to help you get through this ordeal and be compensated for your injuries may be your best choice. They can advise you on your legal rights, entitlements, and any other options that may be available to you. You must be able to prove the negligence of the other party in order to make a successful bid for financial compensation.

It can be extremely embarrassing to sustain a personal injury in a public place or a shopping centre. If this has happened to you and left you out of work and unable to do the things that you find personally enjoyable then commencing a claim may be for you. There is a claim that can be made for "loss of amenity" and this is to apply for compensation after sustaining injuries that have affected your life in a detrimental way, for eg a cricketer receives an injury that stops them playing the sport they enjoy. This is part of the claim for "pain, suffering and loss of amenity". There is also further compensation known as "loss of congenial employment" if the injured person can no longer work doing something they have previously enjoyed.

Queensland personal injury law applies strict time limits on claims for motor vehicle, public place injuries or workers' compensation. This also applies to most states and is usually 3 years. If you do not adhere to these time constraints you may lose your rights to make a claim for compensation, now and any time in the future. You must report the incident to the relevant department or management responsible. Lodging a claim to compensate you for loss of wages, medical expenses and any other out of pocket expenses makes good sense to protect you for your future. The Insurance company will pay or reimburse you for your expenses once the claim is accepted.




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