Personal Injury Lawyers in Brisbane
A personal injury caused by the fault of another may bring a lot of anxiety, confusion and stress to the victim. However, depending on the circumstances you may be entitled to receive compensation to help rebuild your life. Such compensation may be possible for situations such as careless drivers, negligent workplaces that are unsafe, public places that are hazardous such as malls and un-maintained public service areas.
Compensation is monetary and include compensation for pain & suffering, lost past and future wages, medical costs including rehabilitation and treatment, out of pocket expenses and other financial losses.
If you have been totally and permanently disabled, you may also be eligible for TPD benefits or income protection benefits under your superannuation or personal insurance. You should seek the advice of an accredited specialist in personal injury if your insurance company refuses to pay any entitlements for a personal injury under your policy.
What kind of personal injuries can I claim for?
There are many injuries that can occur. Some of these injuries include:
- Whiplash injury
- Head, neck and back injury
- Shoulder injury
- Ankle, knee and foot injury
- Hip injury
- Soft tissue injury
- Upper and lower limb injury
- Spinal Injury
- Fractures & dislocations
- Chemical injury
- Diseases contracted from the accident
- Burns, lacerations & blunt force injury
- Traumatic brain injury (TBI)
- Catastrophic injury
- Fatal injury
- Carpal tunnel syndrome
- Repetitive strain injury
- Electrocution injury
- Neurological injury
- Internal injury
- Hernia injury
- Industrial deafness
- Crush injury
- Psychiatric and psychological injuries such as depression, stress, post traumatic stress disorder, adjustment disorder, anxiety, traffic phobia, pain disorder
- Nervous shock
- Chronic pain disorder
- Complex regional pain syndrome
What kind of accidents can I claim compensation for?
There are many different kinds of accidents that can result in a personal injury. Some of the most common ones include:
- Motor Vehicle Accidents
- Workplace Accidents
- Slip & Fall Accidents in Malls or Supermarkets
- Animal Attacks
- Occupier Liability
- Product Liability from defective products that cause an injury
- Fatal accidents
- Office accidents
- Assaults and attacks at bars and night clubs
- Sports injuries
- Mining Injuries
- Motorcycle Injuries
- Recreational Activity Injuries
- Injuries caused on public property
- Private property injuries
- Schoolyard Injuries
I got into an accident and I think it is minor. Should I just ignore it?
Unless you are a doctor or a medical professional, you should NEVER try to assess your own injury. Something considered ‘minor’ such as a whiplash injury or soft tissue injury has the potential to become more serious over time, especially if it is not treated properly.
An example of how an injury can start of minor and become more serious comes from a lot of workplace compensation accidents. The worker is scared of losing their job or being treated differently at the workplace if they reveal their injury so they try to hide it. Over time, the injury gets progressively worse as the worker continues his repetitive work duties or his regular life activities. Aggravates the injury hoping that it will eventually go away is NOT a wise choice to make and can critically affect your rights to compensation.
Why do I keep hearing about an injury and the WPI?
The whole person impairment (WPI) is a measurement of permanent impairment on an individual that is made by a medical assessor. For example, losing a finger may attract a lower WPI than losing an entire leg.
A WPI is one of the measures used by the law to determine compensation for some claims.
For example, in order to pursue a negligence claim against an employer responsible for an accident (by not providing adequate safety measures, training, etc.), a worker’s injuries need to be assessed to be greater than 5% WPI from a medical assessor. If they cannot prove this, then they are restricted by the law from pursuing a claim against that employer.
However, let’s say that the worker is a heavy miner and regularly performs heavy lifting, striking, carrying, pulling, etc. The workplace provides defective safety equipment and he suffers a soft tissue injury to the knee that requires surgery. This injury can be severely debilitating in allowing him to perform his work and he may no longer be able to continue their job.
Yet if an initial medical assessment shows a 3% WPI for this worker, then that worker cannot claim compensation from the negligent employer.
What can he do then?
Are injuries only limited to physical injuries?
Absolutely not. Psychological or psychiatric harm is also considered as a personal injury under the law. This kind of injury is also referred to as ‘nervous shock.’ However, there are very complicated rules that are in place in tort law that dictate whether someone can be compensated for nervous shock injuries.
How do I find the right personal injury lawyer Brisbane?
Do not automatically assume that your injury can be compensated. A very important aspect of a good personal injury lawyer is their ability to determine whether it is in your best interest to pursue a legal claim or not. Do not be fooled by ‘legal professionals’ who try to quickly convince you to pursue a claim without knowing all of the relevant facts and information about your accident and injury.
Failing to take this into consideration may leave you vulnerable to a costly and potentially useless lawsuit, even under the ‘no win no fee’ agreement. Every lawyer’s no win no fee agreement may be different and you need to be properly informed of your legal rights before you consider pursuing a claim.
A good personal injury lawyer will be an accredited specialist in personal injury whose firm solely practices that area of law. This can improve the chances that your claim will be given the attention it deserves instead of being prioritized under other legal work.
East Coast Injury Lawyers
There are strict timelines that apply for making a personal injury claim in Brisbane so it is important that you contact a personal injury specialist right away to quickly be informed of your legal rights.
If you would like more information on how East Coast Injury Lawyers can help process, argue and settle your claim, please contact us right away to arrange a free no obligation personal injury consultation.