How do I know if I have a claim?
Most compensation claims involve the application of legislation or the common law, which is case law developed by judges, courts and tribunals, or a combination of these.
For example, in Tasmania, claiming compensation and damages for a work-related injury involves the application of both legislation and common law principles. An injured worker is entitled to claim compensation for a workplace injury and depending on the circumstances the injury arose, may also be entitled to ‘common law damages’ against the employer or a related 3rd party for negligence.
The best way to know if you have a claim worth pursuing is to get advice from a lawyer experienced in personal injury law.
What can I claim for?
Our expert lawyers will ensure that you recover everything you’re entitled to. Depending on the type of claim, you may be entitled to compensation for:
- past and future hospital and medical expenses (including surgical costs);
- loss of past and future earnings and, in specific circumstances, associated superannuation;
- whole person impairment as a result of the injury;
- ongoing or future anticipated rehabilitation and treatment expenses;
- out of pocket expenses for items such as pharmaceutical, travel and equipment;
- paid care and help, for example yard maintenance or nursing;
- home and vehicle modifications;
- pain, suffering and loss of life enjoyment; and
- care provided by friends or family.
Every individual’s case is different. Your best course of action is speaking to Hall Payne about what compensation is right for you.
When should I make a claim?
Strict time limits apply to nearly all types of compensation claims. Your entitlement to compensation may be lost if you don’t make a claim in time. Know your rights and any time limits which may apply as soon as possible following your injury.
Hall Payne understand that this can be a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is started, the sooner you’ll receive compensation (and some peace of mind).
Can I represent myself in my personal injury claim?
You can, but an experienced lawyer is far more likely to get you the outcome you deserve. With compensation claims you are dealing with an insurer or compensation body whose goal is to keep your payment to a minimum. A lawyer who knows the area of law well, will know what you’re entitled to, and how to ensure you receive your full entitlement.
Hall Payne recommends you get an experienced compensation lawyer to represent you, or at the very least, to give you reliable advice at the outset.
How much will a personal injury claim cost?
We will provide you with a free initial consultation to discuss your injury and the circumstances in which it arose. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.
If we consider you have prospects of winning your case then we will represent you on a ‘no win, no fee’ basis.