The danger and uncertainty of the coronavirus continues to keep many Victorians confined to their homes. If you are recovering from a serious injury, you may have been confined even before the stay-at-home orders and other restrictions were put in place.
Recently we have written several posts on how you can start to go forward with your injury claim from home. These include:
- Getting started on a WorkCover claim from home
- Getting started on a transport accident/TAC claim from home
But, if you were not injured at work or in a road accident, what options do you have?
Other personal injury cases generally do not have a specific agency (such as the Transport Accident Commission or WorkCover) that will be involved in resolving your claim, but there are steps you can take from home to start addressing an injury caused by someone else’s negligence.
As you start on your personal injury claim, it is in your best interest to speak to an experienced lawyer as soon as possible. Henry Carus + Associates has extensive experience in injury cases arising from a variety of different circumstances. Please call 03 9001 1318 for a free consultation in the greater Melbourne area.
1. Gather Important Information
Although your principal goal after suffering serious injuries in an accident should be recovery, it is impossible not to think about what has happened to you almost all the time. Sitting at home at this time and trying to get better, you may replay the accident over and over in your mind.
With an accident in a public area, you may recall certain details, such as water on the floor that caused you to slip or a rise in a walkway that caused you to trip or something else that is equally important to your accident.
With an injury using a product, it could be that you followed all the instructions but the product simply failed without warning and caused you a serious injury.
With an error with medical treatment received, it could be conversations you had with health practitioners both before and after the medical treatment you received that has gone poorly, leaving you seriously injured.
As you reflect on these crucial details, you might realise that your injury was not a mere accident, but the result of another party’s negligence or fault. If this is the case, you may have a viable personal injury claim for injuries sustained as a result of:
While you collect your thoughts, you should immediately contact an experienced personal injury law firm like Henry Carus + Associates. Many times crucial evidence needs to be obtained as soon as possible after the accident, such as:
- Evidence showing the accident area, before any repairs or changes are made
- Evidence of the product that has malfunctioned
- Details of all conversations had with those present at the accident or shortly afterwards
- Details of all conversations had with treating medical practitioners, in relation to negligent medical care
Our firm operates at all times to ensure such evidence is preserved, including a visit to the accident site with or without you ASAP.
In addition, you may wish to organise any paperwork and records that reflect the situation you face after the injury. This may include:
- Doctor notes, hospital records, and other medical documents
- Pay stubs that show the amount of money you usually make at work (and, by extension, the income you are missing during your recovery)
- Receipts for medications and devices you have had to buy after the injury
- Contact information you may have attained for any witnesses to the accident
- Notes you have made after the injury concerning your pain levels, mobility issues, emotional states, difficulty sleeping, and other impacts on your life
It is important to keep detailed and organised records while you recover from an injury. Not only will this help you track costs and adhere to your doctor’s orders, but all of these documents can help substantiate the damages in your common law personal injury claim.
2. Have Your Injuries Treated
After suffering an injury you are likely to need medical care, many times starting with a local Emergency Room and then following up with your General Practitioner. All such services are still available to you, even at this time, with many GP’s and specialists providing consultations by Telehealth services.
You should think about how to describe your accident in a matter that is consistent with how the accident truly happened to all those who treat you. It is better to say, “I slipped on a wet floor” than simply say “I fell”.
Insurance companies and their lawyers will be looking at your medical records one day and checking to see if your account of the accident has been consistent from day one.
3. Contact a Personal Injury Solicitor
Simply because you were injured by someone else’s negligence and you suffered serious injury does not guarantee you compensation. An experienced personal injury solicitor who understands common law legislation in Victoria can provide you with guidance during this crucial time.
The complexities of personal injury law are difficult to navigate without assistance. The process involves multiple steps, and each claim comes with its own set of unique circumstances and challenges.
In addition to gathering valuable evidence ASAP, there is the process of ascertaining if you do qualify for compensation for pain and suffering. To achieve that compensation, you will need to go through an assessment process by a qualified medical expert and satisfy the definition of having suffered a “significant injury”.
Such examinations are still being held today by remote consultations so that the appropriate assessment under the Wrongs Act can be made and a certificate issued that certifies that, in the opinion of that expert, you have suffered a “significant injury”.
There is a complicated process of having that certificate accepted by those responsible for your accident. It is best to entrust an experienced personal injury firm, like Henry Carus + Associates, to assist you in getting access to that compensation.
Although a positive outcome cannot be guaranteed, injured persons who engage a knowledgeable law firm who has experience with common law public liability, products liability, and medical negligence claims have a much better chance of recovering the compensation they deserve for their economic and non-economic losses.
Or, in other words, engaging the wrong firm can dramatically limit how much compensation is available to you.
Why Choose Henry Carus + Associates
The lawyers at Henry Carus + Associates will investigate promptly all aspects of your claim from the moment you first contact us about your matter.
In gathering details as to how your accident occurred, or how you have suffered due to poor medical treatment, we can quickly compile what evidence needs to be gathered and safeguarded ASAP.
Insurance companies start building their defense immediately when an accident occurs. You deserve the same rigorous advocacy and support if your injuries were the result of negligence on the part of another party.
We can also teach you what evidence needs to be gathered over time to maximise the compensation you deserve. If needed, we can even suggest what medical treatment may be of assistance, so you can discuss these ideas with those that are presently treating you.
Once we fully understand the scope of your injuries we can plan out early what medical-legal experts should be engaged to assess and report on your injuries and how they have affected your life. Such assessments may need to be booked many months beforehand, and it is good to arrange them as early as possible.
Get Personal Injury Assistance from Henry Carus + Associates
The team at Henry Carus + Associates maintains its commitment to serving clients in spite of the social concern surrounding coronavirus. We are able to serve you from the safety of your home by phone, email, online chat, and videoconferencing.
For a free evaluation of your personal injury claim, please call 03 9001 1318 or contact us through our website. Our solicitors serve clients throughout the greater Melbourne area and all of Victoria.