Personal Injury – Compensation

When a person suffers an injury due to negligence or a breach of duty by another person or organisation, compensation can be claimed. Personal injuries are commonly experienced on the roads and in workplace accidents, although serious and debilitating injuries can occur anywhere and at any time. A personal injury lawyer can strengthen your case for financial compensation to cover lost wages, medical expenses and other needs to ensure adequate care, optimum recovery and establishment of a reasonable quality of life.

How to claim compensation for personal injury?

For a successful personal injury claim you will need to satisfy insurers, opposing legal teams or the court that the party at fault was negligent or that duty of care requirements were not met. An examination of the effort made by yourself and the perpetrator to reduce the risk of harm will also be undertaken. If it is determined that physical or psychological injury was the result of the other party’s negligence, compensation will be ordered to be paid to you.

Most personal injury accident claims can be settled without the need for expensive court hearings. Your Taylor & Scott Personal Injury Lawyer will represent your best interests by taking all evidence into consideration and making an ‘Offer of Settlement’ with the other party and their legal representative. We take charge of negotiations, allowing you to focus on recovery and recuperation.

Strict time frames apply for making personal injury compensation claims. Personal injuries are caused in numerous ways, with application time frames varying according to the cause and nature of the injury. For this reason, it’s highly advisable to contact Taylor & Scott Lawyers as soon as possible to ensure your claim is heard and processed in a timely manner according to compensation law guidelines.

Korean injured by garbage truck

Can I claim personal injury compensation?

Claims of negligence in NSW are governed under the Civil Liability Act 2002. Negligence arises when a person does not exercise what would be considered ‘reasonable care and skill’ in their duty of care obligations. Proving negligence 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 many relationships, such as:

  • Employer to employee;
  • Doctor to patient;
  • Teacher to student;
  • Land owner to tenant;
  • Manufacturer to consumer;
  • Occupier of land to visitor;
  • Road user to any other person nearby.

If you have suffered a serious injury and believe it was caused by the negligence of another person, contact Taylor & Scott for a free case assessment. If we believe your claim has a good chance of success, we will offer our ‘no-win no-fee’ guarantee for additional peace of mind. The ‘no-win no-fee’ guarantee doesn’t apply in workers compensation cases as there are different laws involved, although we can make an application to the Workers Compensation Independent Review Office (WIRO) on your behalf for a grant to cover all workers compensation claim costs. Situations resulting in physical or psychological damage and deserving of personal injury compensation include:

  • Work related injuries;
  • Motor vehicle accidents;
  • Medical negligence;
  • Product liability;
  • Public liability;
  • Victim of crime;
  • Sexual harassment;
  • Work discrimination;
  • Professional negligence.

If you believe you have a valid personal injury claim, contact Taylor & Scott Lawyers for negotiating the best possible compensation outcomes.

Is personal injury compensation taxable?

Compensation and settlement payments are not taxable. You are not required to disclose personal injury compensation payments when lodging your tax return with the Australian Taxation Office. In addition, Taylor & Scott Lawyers cover the fees and costs associated with your claim while it is in progress, and we don’t accept payment until your compensation case is won and the money is deposited into your bank account.

How much compensation for a personal injury claim?

Compensation claim payment amounts are established according to the evidence provided, and every person’s injuries are different. However, there are some basic guidelines for determining a reasonable estimate of expected compensation, and Taylor & Scott Personal Injury Lawyers can assist you with the math. Here are a few steps in making a compensation estimation.

  1. Provide a thorough overview of the injuries suffered.
  2. Confirm the personal injuries with medical and other evidence.
  3. Provide your own judgement as to the severity of your injury and resultant impairments.
  4. Provide information regarding lost earnings (past, present, future) due to the injury.
  5. Additional expenses incurred including medical, travel, repairs and care.

Taylor & Scott Lawyers have been assisting personal injury compensation victims achieve favourable outcomes since our firm was established way back in 1905, and we are ready to help you too.

At Taylor & Scott, We Care For You.