What are Your Basic Rights When Claiming for a Personal Injury Against a Business?
by Arina Smith Automotive 08 November 2018
Perth, Australia is the definition of a modern metropolis and it’s truly wonderful living in this city.
Young people living in the capital of Western Australia have access not just to a wide array of public primary and secondary schools, but also to public universities.
Businesses can blossom easily in Perth because it is the central hub for activity in the state of Western Australia.
If you fancy going out for the day, there’s also plenty for you to do in Perth. You can visit one of the museums or art galleries in the city, or reserve tickets for an opera or orchestra performance.
Are you perhaps more interested in watching some of Australia’s finest athletes in action? Then you are lucky to be in Perth again, as there are different sports teams from various leagues that call the capital of Western Australia home.
It really is a joy to live in the city of Perth.
However, even residents of Perth are not immune from the unfortunate incidents that may happen every now and then. But you’ll be glad to know that you have rights that will aid you in the unfortunate event that you do suffer a personal injury.
Understanding What Is a Personal Injury Claim:
A personal injury, in legal parlance, is any injury that affects a person’s physical well-being. The term also covers for injuries that adversely affect an individual from a mental and/or emotional standpoint.
So, what then is a personal injury claim?
The latter is the type of lawsuit that is filed by an individual who was injured due to “negligent actions” of a different party or individual, according to HG.org.
To put it in simpler terms, if you get injured and it’s someone else’s fault that it happened, then you are in a position to file what is known as a personal injury claim.
HG.org also notes that personal injury claims are quite common, and that’s due in large part to there being many types of them.
What Are the Types of Personal Injuries:
There are different kinds of personal injuries, according to the law, and they fall under a few categories.
Some personal injuries are directly caused by a different party such as in cases of vehicular accidents, instances of medical malpractice, or perhaps a mishap at work involving a fellow employee.
Then there are the personal injury cases caused by another party failing to properly ensure the safety of a product they sell, according to Claims.com.au.
If you sustain an injury at a public or privately-owned establishment through no fault of your own, you have the right to file for a personal injury claim.
What Can You Do When You Sustain a Personal Injury?
The most important right you have in the event that you do sustain a physical injury is the right to file for a claim, but you should know that the process to do that is quite complex and potentially lengthy.
It all begins with actually verifying if you have a case. Legal experts advise potential claimants to approach a lawyer right away and detail what happened. Don’t just go after any lawyer though, as HG.org says that it would be ideal to seek counsel from a no-win, no fee attorney so that you won’t be in debt in the event that you do lose the case.
The next step in the process is going to be the hardest one as it will involve you acquiring evidence to back up your claim. This can be an exhaustive process that has you combing through numerous medical reports if you sustained a physical injury, police reports, witness statements, and any other document that may be pertinent to your case.
Once all of that is out of the way, you now have to turn your attention to coming up with a number for your claim.
Consult with your lawyer regarding this of course, but just for some perspective, factors you will have to consider when filing the amount for the claim include the cost of your treatment, covering the amount that has already been paid for and the cost for any necessary future treatments for injuries both physical and mental. Material damages may also be accounted for.
You must also keep in mind that you can’t just sit around forever before filing a personal injury claim. In most states, including Western Australia, the time limit for filing a claim is three years from the date of when you first sustained the injury. Three years may seem like plenty of time, but given all the matters that need to be handled, it is still best to file a claim as soon as you have everything you need to do so.
In the event that you are unable to file the claim within the allotted time, you may end up being barred from taking that legal action for that particular case forever.
Specific Tips for Personal Injury Claims Involving Vehicular Accidents:
Because personal injury claims stemming from vehicular accidents are among the most common, it is important for you to know more about these specific cases.
As noted by Legal Aid Western Australia, all personal and even fatal injury claims involving state-licensed vehicles that get into accidents are handled by the Insurance Commission of Western Australia.
Since third party personal injury insurance is also required in Western Australia, when you do file a personal injury claim, you have to file it against the insurer and the commission.
Furthermore, if you have been in an accident involving a vehicle that has been licensed or registered in the state, you are entitled to “necessary and reasonable treatment, care and support” via insurance for as long as the other party is found to be the one at fault for the incident.
One last important thing you have to remember is that you can still file a personal injury claim even if you do know who is the person responsible. In cases like this, however, you must first make a “reasonable” effort to find out who was at fault.
Being involved in any event that brings you physical, mental, or emotional harm, is truly awful, but you cannot allow the unpleasant experience to keep you from exercising your rights. Contact a Perth firm immediately and figure out what you need to do next. Make sure that you follow their advice so that those at fault are held responsible and you yourself are put in a better position to move forward with your life in the aftermath of such an unfortunate event.