What To Do If You Suffer A personal injury Due To negligence or wrongful act of another party?
If you suffer an injury due to the negligence or wrongful act or omission of another (e.g. a slip and fall in a shopping centre or an accident at a party or injury caused by a defective product), there are SIX IMPORTANT STEPS you need to remember:
STEP 1 - Recording Details Of The Incident
Immediately after the incident record details of what caused the incident, where it occurred and any witnesses to the incident, as follows:
LOOK FOR ANY EVIDENCE - see if you can identify what caused the accident to occur (e.g. liquid spillage or debris on the floor surface causing a slip and fall, excessively slippery flooring, a trip hazard) so you can provide details of the cause of your accident;
RECORD DETAILS - if possible get the details of any witnesses to the incident (names and contact details as well as any further information they might have as to what caused the incident). You may find it easier to record what they tell you on your mobile phone if this is available to you;
NOTE WHERE IT HAPPENED - You should make an accurate record of where the incident occurred. It is a good idea (if possible), to take photographs of the incident scene on your mobile phone;
CCTV - Take note of whether there is any CCTV coverage, security cameras or other potential recordings of the area where you fell, as there may be evidence of your fall on video
STEP 2 - Report the Incident
Report the incident to anyone in control of the area where the incident occurred as soon as possible after the incident.
For example, if you fall in a store or shopping centre, advise a store attendant, shopping centre security or management of your fall so that they can complete an incident report of the event.
It is advisable that you ask to view the incident report to ensure that it has detailed the incident accurately and you should also ask for a copy of the report.
You should also ask about any CCTV footage of the incident and that it be retained if this is available.
STEP 3 - Seek Medical Treatment ASAP
You should seek medical treatment for the injuries sustained in the incident as soon as possible, so that your doctor can record your injuries and also, record how your injuries occurred.
STEP 4 - Seeing your Doctor
When you see your doctor, ensure you tell them all of the injuries you sustained in the accident, no matter how minor, as well as how your injuries occurred (you slipped on liquid spill at a shopping mall).
Try to be as accurate as possible so there is no confusion as to the cause of your injuries and what injuries you sustained, when you wish to later bring a claim.
Be aware, doctors usually record what you tell them, so keep your comments to your doctor concise and accurate.
Don't confuse them with information which may compromise any future claim you may wish to make.
STEP 5 - Remember Strict Time Limits Apply To Claim
Remember, there are strict time limits which apply to personal injury claims in Queensland and to giving notice of a public liability claim.
If you miss these time limits you may lose your right to claim any compensation whatsoever for your accident injuries.
STEP 6 - Contact your Lawyer as soon as you can
Contact us, The Personal Injury Lawyers to find out what your rights and entitlements are.
Frequently Asked Questions
- How much compensation will I receive for my injuries?
- How is past and future economic loss compensation calculated?
- What injury compensation or damages am I entitled to claim for?
- If I go back to work after my injury will this hurt my claim?
- When does my workers' compensation claim come to an end and what happens then?
- How can I find out quickly if I can make a compensation claim?
- What are emotional distress damages in personal injury cases?
- Are there time limits for bringing a claim for injury compensation in Queensland?
- How will my common law claim run and how long will it take?
- Is my compensation or damages payment taxable?
- What care and assistance can be claimed for in a personal injury claim in Queensland?
- Did you know that if you engage a domestic worker in your home, you could be liable to pay compensation if they are injured?
- What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
- What's the difference between workers' compensation claim & a common law claim for damages?
- What is a common law claim for damages for work injury in Queensland?
Looking for more? View all our Frequently Asked Questions. Remember if you have a question it's free and you under no obligation to chat with our Lawyers online, by phone or email. Better to answer that question and know than it go unanswered. Contact us today.
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