Personal Injury - Frequently Asked Questions

Q: What are the major areas covered by personal injury law?
A: There are many variations , but those most experienced are as follows. Click on each area for more useful information:

Q: How would I know if I was entitled to compensation as a result of one of the above situations?
A: The important thing which must be able to be proven for a person to make a claim ,is that the injury was caused by some-one else's actions or neglect. There are some guidelines attached on each of those mentioned . However, information provided should not be solely relied upon as legal advice, and we recommend if YOU are injured , immediate contact with a personal injury lawyer is imperative.

Q: Do all states of Australia have the same time limits and entitlement restrictions in personal injury law?
A: No. Many states differ in the time available for making a claim . The actual details of this point are too varied to mention in this space. Contact with a personal injury lawyer in your State or Territory is most important in advising you of your rights.

Q: How much compensation am I entitled to if I suffer a personal injury?
A: This will depend upon the severity of your injury and the effect the injuries will have on your future ability to work. For example, the loss of a finger may not limit a teacher's future working ability, but may mean an eye surgeon couldn't work to the same previous capabilities. Your lawyer will be best served to answer this question upon receipt of all the medical and supporting information of your injury.

Q: I don't think I can afford to pay a lawyer, so should I forget about a claim and just try to get better?
A: Definitely Not. The majority of personal injury lawyers these days, understand that most people could not afford the legal fees associated with bringing a personal injury claim to court. Particularly, if they were to pay the fees as the claim progressed. You will find many lawyers now taking cases like these on a "No Win, No Fee" basis, or at least at substantially discounted fees to those seen in previous years. You should ask this question of the Lawyer whom you first make enquiry with.

Q: I am afraid to make a claim for compensation, as I don't really want to go to court. What should I do?
A: While some claims do end up in court of course, the majority of at least 90% of cases, settle out of court. For someone who has a substantial claim for compensation, these odds are definitely in favour of the injured party.

Q: How long will it take to settle my claim ?
A: This of course, is a difficult question to answer accurately. However, as this area of law is now more particularly managed and represented by specialist "personal injury lawyers", most claims are settled between 12-18 months from when the claim was first made. This is a far cry from cases of yesteryear, where for a similar case claim, 3-7 years and even longer were experienced.

Q: I'm not even sure that my incurred injury is serious enough to make a claim. Should I leave it go, and wait to see if it gets any worse?
A: The answer to this question has 2 parts;

The first is, although your injury may not seem as serious to you at this time, due to the extent and nature of the injury itself, it may pose more serious problems for you long-term if left untreated or ignored now.

The second part of the answer, relates to your eligibility to make claim for personal injury compensation later. If you chose to decide now that the injury was not serious enough, and in a number of years you had a major relapse or recurrence of the injury you are now suffering, then your ability to claim what should have rightfully been yours at the time, may be lost due to an elapsed time constraint.

Due to recent changes in Government legislation relevant to advertising services provided by Queensland & New South Wales law firms, this website and all of the information contained within it, is provided for assistance to residents and/or injury claimants across Australia (excluding Queensland & NSW).We sincerely apologise for any inconvenience caused by these changes.

Please Note: Information provided in all areas above, has been done so with the utmost care. However, such information should not be relied upon solely as accurate and up-to-date legal advice. A Personal Injury Lawyer in your State and nearest location can provide you with the details you now require to commence your claim enquiry.