Personal injuries can happen in many different ways. Most commonly, they are physical, but injuries can also be psychological in nature. There are various laws in South Australia which provide certain entitlements and compensate people who have been injured in a range of situations or different settings. The instances in which you might have an entitlement to benefits or compensation in South Australia include:
- As a result of a transport accident (motor vehicle, motorcycle, train, tram, etc.)
- Whilst at work or in the course of your employment – WorkCover or return to Work SA, Workers Compensation and Occupational Health & Safety
- As a result of medical treatment – Medical Negligence
- If you sustain injury in a private or public place – Occupiers or Public Liability
- Through using a defective product – Product Liability
- As a result of a criminal act – Victims of Crime Compensation
- Workplace discrimination – Anti-discrimination, unfair dismissal, etc.
- Sexual abuse or harassment, or
- As a result of professional services – Professional Negligence
People often wonder if they have a claim for compensation given their individual circumstance. You may believe that someone else was to blame for your injuries. If this is the case, you should seek legal advice Nick Xenophon & Co, Lawyers who specialise in personal injury law. One of our specialist lawyes will be able to quickly assess whether you have rights or entitlements under the various South Australian compensation schemes, particularly if your injuries were caused by someone elses actions or neglect.
The most import thing to remember however is do not delay. Strict time limits apply in respect of accessing potential entitlements and claiming compensation and you should seek legal advice as early as possible after you sustain injury.
Different kinds of personal injury claims
In addition to the most common personal injuries such as those resulting from a transport accident or an accident at work, you may have sustained an injury in another way as mentioned previously – e.g. as a result of medical treatment, in a private or public place, etc.
Depending upon your individual circumstances of how you sustained your injury, you might have other rights or entitlements, particularly if your injury is likely to cause ongoing, permanent impairments or conditions. Often, the right to claim compensation for your actual injuries, as compared to out-of-pocket expenses associated with your injury, such as medical and treatment expenses and income loss, is reliant upon showing that the injury/injuries sustained satisfy a certain threshold level. The thresholds change depending on the type of claim and the nature of the injury, e.g. physical vs psychological.
Often, to be eligible to make a claim, the first pre-requisite is to show that someone else was at fault or negligent in causing your injury. Fault or negligence is fundamental to any medical negligence claim or public/occupiers liability claim. However, in other instances, the concept of fault is not a pre-requisite, for example, product liability claims and Victims of Crime Applications. There are also special laws that apply to injury or damage caused by animals, injuries to animals and injuries sustained in sport, on private property or on public property. Sometimes the common principles do not apply in these circumstances.
The particular circumstances surrounding your injury will have an effect on the type of claim you might be entitled to make and therefore it is always advisable that you seek advice from a lawyer specialising in personal injuries law, such as Nick Xenophon & Co. Lawyers to provide you with an understanding of what to expect going forward.
At Nick Xenophon and Co. Lawyers in Adelaide, we are focused on providing you with the best possible expert legal advice, ensuring you receive appropriate medical care and assistance for your injuries and ensuring you also receive the maximum possible compensation and all other entitlements. Call us now to discuss your personal injury matter on a no obligation basis. You have nothing to lose and everything to gain. Remember, your first consultation with one of our personal injury lawyers is absolutely free. Call us now on (08) 8336 8888 to discuss your personal injury matter today.
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