Personal injury and compensation

In NSW, personal injury claims are subject to the claimant being able to prove that their injuries were due to the wrongful or negligent action of another individual. The only exception to this is workers’ compensation claims.

However, there are other factors that need to be considered too. Which is why it is best to consult with a lawyer specialising in personal injury claims. At Nash Allen Williams & Wotton, our solicitors working with personal injury claims have more than two decades of experience. They will be able to assess the validity of your claim and advise you on the steps involved.

How a Personal Injury Lawyer Can Help You

Depending on the nature and recency of your injury, you could still be dealing with the physical and psychological effects of the accident. A personal injury lawyer can help alleviate undue stress during this time, leaving you to recover while they handle the complexities of your claim.

A personal injury lawyer will:

Know Which Compensation Claim Applies to Your Injuries

Compensation claims can relate to a number of different injuries or harm, and a personal injury lawyer will know which type of claim your injury relates to. Common claims include:

• Motor Vehicle Accidents
  This includes any type of vehicle travelling on roads, from cars, through to trucks, motorcycles, bicycles, and taxis. Whether you were the driver, a passenger, or even a pedestrian.
• Workplace Injuries
  Workers’ compensation claims do require you to show that your employer breached any duty of care owed to employees, and that this breach resulted in harm or injury to yourself.
• Medical Negligence
  Medical negligence or malpractice claims are serious. Not only because of any harm caused to you, but also because there is a need to assess possible risk to other patients. But medical negligence is looked at in terms of the medical practitioner failing to act reasonably. That is, would another practitioner have treated you differently.
• Public & Product Liability
  Public liability relates to accidents or injuries in public places caused by someone else’s negligence. This could be anything from tripping, slipping, or falling in a shopping centre or other business, or being bitten by someone’s dog. And product liability follows injuries caused by faulty products. This is where it is especially important to be able to prove negligence.

Will Remain Objective

Claimants are emotionally invested in their case, which can affect their judgement and expectations. Experienced personal injury lawyers can act neutrally and without bias, and properly advise claimants on the best approach.

Will Save You Time

The number of steps involved in making a compensation claim vary, and some can be quite complex. An experienced lawyer will know how to navigate these without unnecessary delay, knowing too that there are time limits that apply to different types of compensation claims.

Speaking to a lawyer as soon as possible after you have suffered an injury will see you receiving accurate advice about the legitimacy of your claim. And it will also ensure that warranted claims are lodged within the required time limits.

Personal Injury and Compensation FAQs

What Court Handles Personal Injury Cases?

In most cases this is decided by the amount being claimed. Claims up to $750,000 are heard by the District Court of NSW and claims from $751,000 and up are heard by the Supreme Court of New South Wales. Exceptions for motor vehicle accident claims may apply.

Are Personal Injury Settlements Taxable?

Personal injury lump sum payments and personal injury annuities received as part of a structured settlement are tax exempt or tax-free. However, if you invest the funds, the interest you earn will be taxable. The same applies to using the settlement to buy an asset that is subject to capital gains tax. Your accountant will be able to advise you on any tax liabilities.

What Insurance Covers Personal Injury?

There are three primary types of insurance that cover certain aspects of personal injury claims. These are Workers’ Compensation Insurance; Public Liability Insurance; and Compulsory Third Party Insurance (CTP). The policy documents for each will explain what claims are covered and under what circumstances. Individuals can also take out Personal Accident & Illness insurance (PA) to protect against loss of income.

Can You Exclude Liability for Personal Injury?

Excluding liability for personal injury is possible in certain industries. However, this only applies to injuries that aren’t the result of the negligence of the business owner. Business owners are expected to exercise diligence and duty of care to ensure their premises, activities, and services are safe for both customers and employees.