Your Guide to Personal Injury Claims in NSW

Suffering a personal injury can be a life-altering experience, filled with physical pain and emotional stress. Navigating the personal injury claims process can add to this burden, especially when you’re trying to recover.

If you're wanting to claim for personal injury in New South Wales, knowing your rights is crucial. And so is understanding the process. This guide will walk you through the essentials of:

• the process of making a personal injury claim
• the types of accidents covered under personal injury law
• time limitations on personal injury claims
• why it's important to act on an injury rather than ignoring it

The process of claiming for personal injury

Claims for personal injury follow this general process:

Report the accident

Immediately notify the relevant authority of your accident. The relevant authority depends on the type of accident you've had. 

For workplace injuries, inform your employer. For motor vehicle accidents, report to the police and ensure you get a Traffic Incident Number (TIN).

Get medical attention

Visit a doctor or a hospital for medical treatment. And ensure you get medical certificates which are essential for supporting your claim.

Lodge your personal injury claim

Submit your claim to the appropriate authority. For workplace injuries, this will be your employer. For motor vehicle accidents, it's usually the green slip insurance company of the at-fault party or if there is only one car or no fault then to your green slip insurer.

Settlement

If your claim is accepted, or it goes to Court and judgment goes in your favour, you may receive compensation. The type of compensation will depend on your claim.

Types of accidents covered

Personal injury claims in NSW encompass a variety of accidents, including but not limited to:  

1. Motor Vehicle Accidents: Injuries sustained as a driver, passenger, pedestrian, or cyclist regardless of fault.

2. Workplace Injuries: Any injury or illness resulting from work, regardless of fault

3. Public Liability: Injuries in other places due to someone else's negligence.

4. Medical Negligence: Injuries resulting from substandard medical care or errors

5. Product Liability: Injuries caused by defective products

​Is there a time limit for personal injury claims?

It's important that you make your personal injury claim within legal time limits. In NSW, the general rule is that you have three years from the date of the injury to file a claim. However, specific deadlines do vary:

1. Motor vehicle accidents: three years from the date of the accident but your claim must be submitted within 6 months. Extensions are possible in certain circumstances.
2. Workplace injuries: Usually within six months from the workplace accident. 
3. Public liability: three years from the date of the incident in most cases.
4. Medical negligence: Generally three years from the date of injury or the discovery of the injury or negligence.

​The importance of acting quickly

Legal deadlines aren’t the only reason why you should act quickly. Here are a few other reasons.

Preservation of evidence

The sooner you act, the easier it is to gather reliable evidence to support your claim including witness statements.

Medical Treatment

Early medical intervention can help prevent complications. And it can provide necessary documentation to support your claim.

Financial stability

Compensation can help cover your:

• medical expenses
• lost wages, and 
• other financial burdens that result from having the injury.

Conclusion

Suffering an injury is an overwhelming and difficult experience. A personal injury lawyer can help you navigate the claim process more effectively and ensure your rights to compensation are protected.

Do you want to know more about how personal injury claims and how we can help you? Then get in touch with one of our personal injury lawyers today.