When you have been seriously injured, it is not uncommon to feel out of control of your life and your future. To help you regain control and improve your future, filing an injury claim is often your best option.
If you live in Victoria, and have been seriously injured, the following provides an overview of what you need to know regarding compensation. For legal help in filing your serious injury claim, consult with the injury lawyers of Henry Carus + Associates.
What Is Considered a ‘Serious’ Injury?
Many people wonder what constitutes a serious injury and when it makes sense to file a serious injury claim. The following considers some of the most common severe injuries:
Head injuries and traumatic brain injuries. An accident where the head is traumatized can produce some of the most devastating injuries. A traumatic brain injury may be incurred as the result of a road accident, slip and fall accident, assault, or other accident in which the head is impacted by an object or violently shaken.
Spinal injuries. Perhaps the most permanent and most impairing type of injury is an injury to the spinal cord. When the spinal cord is damaged, partial or complete paralysis may occur, leaving the victim unable to move or use his or her limbs. Sometimes, paralysis is so severe that victims will no longer be able to care for themselves on their own, no longer be able to work and earn and income, and no longer able to enjoy life. Like head and traumatic brain injuries, a spinal injury can be the result of a road accident, slip and fall, pedestrian accident, motorcycle accident, or other type of serious accident.
Injuries that result in permanent scarring and disfigurement. Not all accidents cause injuries that lead to lasting physical impairments, such as an inability to walk or care for oneself. However, many injuries do cause permanent scarring and disfigurement that often carry emotional and physical consequences for the remainder of a person’s life. This can warrant a serious injury compensation claim.
Death. When an injury is serious enough to result in death, surviving family members should consider filing a claim. Consult with a lawyer to learn more now.
All of the above injury types, as well as other injuries (this list is not inclusive) can be life-changing and incredibly detrimental to a person and his or her family.
Why You Should Seek a Lawyer When Filing Your Personal Injury Claim
If you are the victim of a serious personal injury and are considering filing a serious injury claim, you should meet with a lawyer. This is because there are different types of claims that must be filed for different types of accident. The Australian Claims Authority explains that there are workplace injury claims, road accident claims, and “other types of injury” claims. The latter refers to accidents that occur in public places or on private premises.
In addition to the laws that are specific to your type of injury claim, there are a number of other things to consider that your lawyer can help you with. For example, if you were involved in a motor vehicle accident, whether or not the TAC (Transport Accident Commission) will cover the costs of your injuries is an important question. According to the TAC’s website, a claim can be made with the TAC if a person is involved in an accident caused by a car, train, motorcycle, bus, or tram and the person is injured as a direct result of the accident.
Further, who was negligent, how the accident occurred, and the extent of damages that you have suffered are other important factors to think about. A lawyer can help you understand the three requirements for filing a serious injury claim, which are that a person or party acted carelessly or negligently, that the carelessness/negligence was the cause of your injury, and that you will continue to suffer harm in the future as a direct result.
Understanding the Serious Injury Claims Legal Process
Embarking on the serious injury claims legal process can be intimidating. After you attend your free case consultation with a lawyer, the next step will be signing a lawyer-client agreement and starting your case. Your lawyer will help you to collect evidence and build a solid case that highlights the negligence of the other party and the extent of your injuries.
An out-of-court settlement agreement is often ideal. To reach a fair out-of-court agreement, your lawyer will negotiate with the defendant’s legal representation. If a fair agreement cannot be reached, your case will proceed to court. If litigation ensues, your case will be resolved by a court decision.
How Much Compensation Can I Recover?
Perhaps the most common question that most serious injury victims have is how much compensation their claims may yield. Each and every serious injury claim is different, and the amount that you can recover will depend upon multiple factors, including the negligence of the at-fault party and the severity of your injuries. One factor that will be heavily weighed in compensating your compensation is the difference between your future had the injury not occurred, and your future after the injury.
Contact an Experienced Serious Injury Lawyer in Victoria Now
Do not engage in the process of filing a serious injury compensation claim on your own. Your claim has a greater chance of success when you hire an experienced serious injury lawyer in Victoria.
The team at Henry Carus + Associates offers a 90-day satisfaction guarantee as well as free legal advice. To learn more and to start the process of recovering compensation today, tell us about your claim using our online form or contact us directly by calling our offices.