Personal Injury Rights

A personal injury can occur anywhere and at any time, even through no fault of your own, so it’s worth knowing your personal injury rights. If you have suffered physical or psychological damage due to the negligence of another person or organisation, you have a right to compensation for assisting recovery and achieving a sound financial footing moving forward.

What are my rights associated with personal injury?

There are laws in NSW that assist anyone suffering from a serious personal injury to claim compensation. The situation and setting resulting in the personal injury will determine the claim type you will need to pursue, and most importantly, you will need to prove your injury was caused by negligence or a breach of duty of care by another person or organisation. Instances where you will have personal injury rights for compensation include:

Motor transport accidents (car, bus, train, ferry, etc);
Work related accidents (workers compensation claims);
Medical negligence;
Public liability;
Product liability;
Workplace discrimination;
Sexual abuse or harassment;
Professional negligence.

Strict time limits apply for accessing monetary or other personal injury claim entitlements, so it is important to seek legal advice and assistance as soon as possible after sustaining a serious or debilitating injury.

Can Taylor & Scott Lawyers help advise me of my legal rights?

If you are considering pursuing a personal injury claim, it’s highly advisable to employ the assistance of an accredited and highly experienced personal injury lawyers. Taylor & Scott Lawyers understand personal injury law inside-out and will provide a clear picture of your legal rights, while also giving you the best possible chance of achieving appropriate compensation outcomes.

Your Taylor & Scott representative is an active participant in your personal injury claim process. We offer our famous ‘no-win no-fee’ arrangement to free you of financial stress, and you won’t need to reimburse us for legal fees and disbursements until your case is complete. If you are successful, the insurer will be liable to pay 65-70% of your fees. Taylor & Scott Lawyers are on your side, supporting your legal rights and entitlements in ways that include:

Providing advice and assistance related to laws, evidence and the claim process;
Interviewing witnesses and collecting statements related to your accident/injury;
Corresponding with experts and compiling reports that strengthen your case;
Collating and submitting all evidence in a timely manner;
Corresponding with insurers, opposing legal teams and other invested parties:
Issuing court documents and preparing for mediation, settlement or hearing;
Managing the finalisation of all settlement documentation.

What are my rights if we lose the case?

Your Taylor & Scott Attorney will strengthen your case to increase your chances of a winning claim. However, nothing is 100% guaranteed, and you will be expected to present a convincing evidence-based case for compensation. Your chances of a successful claim will be jeopardised if you provide false information related to your claim, or don’t make your claim within the relevant time limits.

You may be ordered to pay the opposing party’s legal fees if you lose the case, so the more evidence you can provide, the greater chance of a successful claim. If you lose the case, your Taylor & Scott Lawyers will inform you of your chances of success should you challenge the decision or take the matter to a higher court for hearing. Here are a few ways you can improve your personal injury claim.

Verify details related to the accident or injury;
Take photographic evidence if possible;
Obtain witness statements;
Retain all medical and treatment reports;
Obtain police reports where applicable;
Make a travel log of all medical and other appointments related to your injuries;
Detail how your life has been negatively affected by the injury;

Armed with the right information and with the best Taylor & Scott guidance, your chances of gaining appropriate damages are dramatically improved, and we will continue to support your rights even if you lose the case.

What rights do I have to receiving compensation if we win?

Personal injury compensation aims to re-establish you on a financial footing similar to pre-accident conditions. Your Taylor & Scott Lawyer will investigate every means of maximising your claims potential, while also saving you money along the way. When your case is won, your rights for receiving compensation can include: