If you have sustained injury or loss as a result of an accident which has occurred in a public or private place, intentional, criminal or reckless actions of others, or due to the failure by a health practitioner to properly treat or diagnose your medical condition you may be able to pursue a claim for compensation.
It must firstly be established that you have suffered the injury or loss due to either the negligence of another party or by an intentional/deliberate act.
The two categories of compensation you may recover if establishing negligence or intent, include:
- Payment for past and future medical, like and rehabilitation expenses, and
- Payment of past and future loss of earning/earning capacity and superannuation contributions
A person can seek compensation for pain and suffering consequences in one of three circumstances:
- By being assessed as having suffering a “Significant Injury” as defined in the Wrongs Act 1958
- The injury has been caused or it relates to, an intentional act with the purpose to cause death or injury
- You are a victim of sexual assault or other sexual misconduct
Normally, a claim must be commenced within 3 years of the incident. There are some circumstances where the time limit may commence running from a later period or the limit may be extended. You need to seek prompt legal advice regarding this.
Contact us for more information or to get advice about your specific situation.