Since it is critical to establish the fault of the other party in order to lodge a claim for compensation for personal injury, you must consult the lawyer first to ascertain that you have a case.
People who suffer personal injury from car accidents, slip and fall in public places, crime and assault, injuries arising from product defects and work-related injuries can claim compensation for damages from a third-party insurer. The most common types of claims related to motor vehicles accidents in Australia involve car, train and tram accidents. To claim compensation, you must follow a legal procedure even though it does not need going to the court but presenting your case to an insurance company of the other party that caused the accident. It is important to note that for a satisfactory settlement of claim it is the responsibility of the victim to prove comprehensively that the accident occurred due to the negligence of the other party or that the other party was at fault. Appointing a public liability lawyer Brisbane is the best way to file your claim.
Do you have a claim?
Since it is critical to establish the fault of the other party in order to lodge a claim for compensation for personal injury, you must consult the lawyer first to ascertain that you have a case. The lawyer will first hear from you the details of the accident to understand how it happened and how far it is possible to establish the fault of the other party. The lawyer will analyse every detail of the incident and build a case only if he or she is confident that there is enough merit in the case to claim compensation and will then work out a value for the damages undergone, which includes both physical injuries and mental trauma, and file the claim.
Who pays out?
Compensation for personal injuries is available for injuries and damages that have occurred during accidents at public places and is usually available from the insurance company of the offending party or your insurance company depending on the situation and the nature of the accident. For example, if another car from behind hits your car and you suffer damages and injuries, it can make a case for claiming compensation for personal injuries from the insurance company of the car that hit your vehicle or your insurance company. In case there is no insurance coverage of the party held responsible for the accident, the party responsible for the accident must pay from their pocket.
Make a case
Since the onus is on the victim who is filing the claim to prove that the other party was at fault, you must have adequate evidence to establish the point. The lawyer will build a case to show that the person accused of causing the accident had a legal duty toward the victim that he or she failed to comply with and caused the accident. You must also prove with supporting evidence the injuries from the accident for which you are claiming compensation.
Besides providing documentary evidence to establish your case, you must have witnesses who were present at the scene of the accident to speak for you. In addition, photographs, medical reports and bills and the police report along with documentary evidence of loss of earnings should all help to substantiate your claim.