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    How to make a compensation personal injury claim?

    April 2, 2024

    How to make a compensation personal injury claim?

    There are two elements in an personal injury claim that your lawyer will gather evidence in relation to, that is:

    • Liability – who’s fault it is; and
    • Quantum – the dollar value of the claim. 

    When you make a claim, it is up to you, with the help of your legal team, to provide the evidence to prove the claim. 

    1. Who is at fault?

    The first of the issues is liability. This is the who is at fault question and will determine if you win or lose your claim. To win, you must establish that the other party or parties are at fault. Evidence as to liability could include things like:

    • Police reports;
    • Witness statements;
    • Training records;
    • Cleaning records;
    • Maintenance reports;
    • Accident reports; 
    • Photos of the scene; and
    • CCTV footage.

     

    2. How much is your claim worth?

    The second issue is quantum, that is how much your claim is worth. This can be supported by a variety of evidence like:

    • Medical treatment notes;
    • Hospital records;
    • Ambulance notes;
    • Specialist reports and medico-legal opinion;
    • Income tax returns before and after the accident;
    • Witness statements;
    • Receipts for expenses; 
    • Records of assistance received;
    • Injury photos; and
    • X-ray and medical imaging reports.

    When you are gathering evidence for your lawyer or responding to a request for information for your lawyer, by promptly providing the information you allow your legal team to progress your claim without delay.   

    By providing the information in a neat well set out format you also allow your legal team focus on the legal matters of the claim and save unnecessary costs in them sifting through documents searching for what they need. 

    If you’d like to learn more, see this article about workers’ compensation.

     

    Further reading about personal injury claims in Queensland

    https://www.legalaid.qld.gov.au/Find-legal-information/Personal-rights-and-safety/Health-and-medical/Personal-injury

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    During this initial conversation, we will:

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    • Give you an approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
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