Tips For Your Personal Injury Claim

Suffering a personal injury is overwhelming. And that's before you consider making a personal injury claim. It also doesn't help when you're unsure where to start or how to document personal injury claims.

Let's talk about how you can start the personal injury claim process.

As our law firm is in Penrith, Western Sydney, this article relates to claims made in New South Wales. How personal injury claims work varies from State to State.

What is a personal injury claim?

A personal injury claim involves two main factors, namely where you:

1. suffer a personal injury, and
2. are seeking compensation to cover financial losses you suffer as a result of that injury

A personal injury can be either a physical or psychological injury caused by an accident. Such an accident is often a result of someone else's negligence.

Personal injuries can cause financial hardship through:

• time off work, and
• medical treatment costs.

What types of personal injuries qualify for compensation?

In New South Wales, injuries tend to fall into one of four categories:

1. Motor vehicle accident injuries. This includes injuries to drivers, passengers, cyclists and pedestrians. It also includes passengers on public transport. This is covered by the Compulsory Third Party (CTP) Insurance scheme.  Some benefits including loss of wages and treatment expenses are paid for a period of time even if you are at fault in the accident.
2. Workplace injuries. Workers’ compensation is available to those involved in an accident or sustained an injury at work. It doesn't matter if you're at fault or not.
3. Injuries in public places and buildings. Examples include slips, trips, injuries from falling objects or from faulty equipment.
4. Medical negligence. This covers surgical mistakes, doctor or hospital negligence, birth injuries, defective implants, misdiagnosis or delayed diagnosis.

There are different time limits for making a claim, so you need to act early. If you’re making a claim due to a motor vehicle accident, report the accident to the Police and your insurer within 28 days. If your injury occurs at work, you must report your injury to your employer. Speak to a solicitor as soon as possible.

Here are some tips to help you start your claim.

Gather evidence from the scene

If you're able to, take photos or videos of:

• the accident scene
• your injuries
• any property damage such as vehicles or equipment

It's also helpful to collect contact details of any witnesses and any other party involved. This evidence will help establish who's at fault as well as provide a clear picture of what happened.

Keep medical records

This is one of the most important components of a personal injury claim. Make sure to:
•    get copies of all medical reports, hospital records and treatment plans
•    keep receipts for medications, rehabilitation services such as physiotherapy and other healthcare-related expenses
•    ask your doctor for a Certificate of Capacity if your injury affects your ability to work

These records help show the extent of your injuries and how your personal injury claim is calculated.

Write a detailed account of what happened

As soon as possible after the accident, write down everything you remember about what happened. Include details like:

• the date, time and location of the incident
• what caused the accident
• how you felt immediately afterwards

This written account will be a valuable reference throughout your claim process and can be used as evidence, if needed. Be honest and thorough, as insurers may scrutinise any inconsistencies in your story.

Be cautious with social media

Many people overlook how their online activity can impact their personal injury claims. Avoid posting about your accident or injuries on social media platforms, as insurers may use this information against you.

Examples include:

• Photos showing physical activity could be misinterpreted as evidence that you're not injured
• Comments about fault or responsibility may weaken your case

It's safer for you to keep details about your claim private until you resolve your claim.

Need help to get started with your personal injury claim?

Our Penrith compensation lawyers are here to support you through every step of your claim.