as Personal Injury Lawyers in Brisbane & The Gold Coast We Often Get Asked "What Can I Claim?"
That answer can be complex, as each personal injury compensation claim is unique to each person, so working out the range of compensation tailored just to your injury is a considerable task of legal analysis. However, to help ascertain the compensation you may receive, we've included further information below to help understand what is involved when filing a personal injury claim (personal injury lawsuit).
We've provided self help tools here on this page however, you're welcome to call us for a free personal injury case review and we'll be happy to help where we can. There is no cost or obligation.
What Types Of Common Law Damages Can I Claim For
These common law damages are made up of a number of elements or what we call, "Heads of Damage" which the Court allocates an amount of damages for each head of damage.These are as follows:
Also known as “damages for pain & suffering and loss of enjoyment of life”.
This element of your damages is for the pain and restriction you suffer because of your injuries, and how they have impacted upon your pre-injury lifestyle.
In Queensland, claims for general damages in personal injury compensation claims are generally governed by QLD legislation. This legislation stipulates limits that can be claimed according to the dominant injury suffered and the extent of injury.
Loss Of Past And Future Income
If, because of your injuries, you have had to stop work, lost time from work or suffered some other loss of earning capacity, and you have sustained a loss of income due to this, then you are entitled to claim personal injury compensation for such loss.
And if it is likely that such loss of income is going to continue into the future because of your injuries, then you are also entitled to claim compensation for that future loss.
Past And Future Medical And Rehabilitation Expenses
If you have incurred expenses for medical or rehabilitation treatment, pharmaceuticals, medical aids, ergonomic aids, vehicle or home modifications or any other reasonable out of pocket expense because of your injuries, then you are entitled to claim reimbursement for those expenses.
Similarly, if you are likely to incur these types of expenses in the future because of your injuries, then you are also entitled to claim an appropriate sum reflecting the cost of those future expenses.
Gratuitous or Paid Care and Assistance
If, because of your injuries, you are unable to undertake daily tasks of daily living such as personal care, transportation or domestic duties (e.g. cleaning your home, doing laundry, caring for your lawns and garden or house maintenance), and you did those tasks yourself prior to your injury occurring, then you may be entitled to claim an amount of damages for the care provided to you.
The care can be provided to you by friends, neighbours or relatives, or you may have engaged paid services to undertake the tasks you could not perform yourself due to your injury.
Legislation in Queensland imposes threshold care requirements in cases of motor accident injury or in public liability claims, and there are increased restrictions on care claims when claiming for a work injury.
Loss Of Past And Future Superannuation Benefits
If you have suffered past and future loss of income as a result of your injuries, then you are also entitled to claim for the loss of superannuation associated with such loss.
Where you have suffered past monetary loss or incurred expenses due to your injuries, then generally at law you are entitled to claim the interest on those losses from the date they occurred to when your claim resolves.
In some cases, interest is also payable on past general damages. In most personal injury cases in Queensland, however, interest entitlements are governed by statute.
In addition to loss of interest, you are also entitled to claim for the loss of superannuation associated with such loss.
Due to what’s at stake here, namely your personal welfare and future livelihood, it’s essential to have experienced accident compensation lawyers fighting to get you the personal injury compensation you deserve.
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What Am I Entitled To Under Workers' Compensation Benefits
If your injury occurred on the way to or from work, during work or in a work break, you may be entitled to Workers' Compensation Benefits (also known as Workcover Benefits or Statutory Benefits) including:
Medical and Rehabilitation Expenses
This includes such things as the costs of seeing your GP or medical specialists, X-rays, MRIs, scans, physiotherapy, chiropractic treatment, acupuncture, massage, pharmaceuticals and medical aids such as crutches, wheelchairs, braces, supports, nursing care and domestic assistance etc.
Payment of 85% of average base gross wage per week whilst unable to work and in some cases, workers are entitled to full payment of their lost wages where this is stipulated in Enterprise Bargaining Agreements.
This is the costs for travel to and from treatment and to purchase pharmaceuticals and aids etc.
Lump Sum Compensation
This is at the end of a workers’ compensation claim, a worker can request their injuries be assessed for permanent impairment.
According to that impairment assessment, the injuries sustained in the work event, are allocated a sum of money by way of lump sum compensation for the work injury.
This offer will be contained in the Notice of Assessment.
These compensation amounts are usually very low and do not include any compensation for any income the worker has lost or will lose in the future due to their injuries, or any medical expenses they may incur in the future.
In most cases, if the worker takes the lump sum offer, then they cannot sue for their injuries and they can make no further workers’ compensation claims for that injury in the future.
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