In a legal context, ‘personal injury’ refers to injuries suffered for which another person or organisation is legally accountable, and compensation claimable. Personal injury constitutes both physical and psychological harm, and shouldn’t be confused with harm to a person’s property or reputation, which are covered by different legal actions. The best outcomes for a personal injury claim in Sydney are achieved under the guidance of highly qualified Taylor & Scott Personal Injury Lawyers.
Who can make a claim for personal injury damages?
Personal injury claims in Sydney are governed under the Civil Liability Act 2002. Personal injury arises from negligence when a person doesn’t undertake ‘reasonable care and skill’ in their duty of care obligations. Proving negligence in a personal injury claim is reliant on three major elements:
1: A duty of care existed between you and the negligent person or party;
2: The duty of care owed to you was breached by the negligent person; and
3: The damage or injury suffered by you was the result of the breach of duty of care.
Duty of care exists in all relationships where a person or organisation is expected to oversee the health and wellbeing of others, with examples including:
- Doctor to patient;
- Teacher to student;
- Land owner to tenant;
- Employer to employee;
- Occupier of land to visitor;
- Manufacturer to consumer;
- Road user to any other person nearby.
If you or someone you know has suffered a serious injury, and you believe it was caused by a duty of care breach, contact Taylor & Scott Lawyers for a free case assessment. If we believe your claim can be strongly supported we will offer a ‘no-win no-fee’ guarantee for additional peace of mind. This means you don’t pay us for our services until your case is won and compensation is paid.
The ‘no-win no-fee’ guarantee doesn’t apply in workers compensation cases as there are different laws involved. In such cases, we can make an application to the Workers Compensation Independent Review Office (WIRO) on your behalf for a grant to cover all costs related to your claim. Scenarios deserving of a successful personal injury claim supported by Taylor & Scott Lawyers include:
- Work related injuries;
- Motor vehicle accidents;
- Medical negligence;
- Product liability;
- Public liability;
- Victim of crime;
- Sexual harassment;
- Work discrimination;
- Professional negligence.
How long will a personal injury claim take in Sydney?
Strict time limits apply for making personal injury claims, and your Taylor & Scott Lawyer will guide you through the process, including notifying the negligent party that you are filing a claim for personal injury. Every case is different, and it’s not uncommon for employers, insurers and opposing legal teams to drag their heels or even oppose compensation altogether. Your Taylor & Scott Lawyer will immediately commence proceedings on your behalf for a timely outcome, while you focus on recovery and recuperation.
How do I make a personal injury claim in Sydney?
If you have suffered a physical or psychological injury due to a breach of duty of care, you deserve to be compensated. The amount you are eligible to receive is determined by taking the following factors into consideration.
- Financial loss suffered as a result of the injury;
- The extent of the injury, including ongoing effects;
- The impact of the injury on future earning capacity;
- Lifestyle, home and work alterations required as a result of the injury.
Personal injury claims in Sydney should be overseen by superior Taylor & Scott Lawyers who provide strong negotiation skills, greater legal knowledge and a case winning reputation to achieve a timely outcome on your behalf.
Is there a time limit for making a personal injury claim in Sydney?
Your successful personal injury claim is reliant on your filing your claim within the legal time frame. Time frames vary depending on the type of claim you make.
Motor Vehicle Accident
You have 28 days to file a report with the local police, and 3 months to file a claim with the compulsory third party (CTP) insurer of the vehicle responsible for the accident.
Other Claims
You have 3 years from the date of injury or from the time injury symptoms manifest, with allowance for up to 12 years overall. The 3-year and 12-year time frames are subject to review by the court and exceptions may apply in some instances.
To protect your claim for personal injury compensation, you should seek professional advice from Taylor & Scott Lawyers as soon as possible after being injured, or when injury symptoms manifest. You should also seek medical attention and contact your insurance company as soon as possible.
At Taylor & Scott, We Care For You.