If you suffered an injury due to a road accident, you may be entitled to make a claim to receive various compensation benefits. Our road accident lawyers can help you via our free claim assessment page.
- No Upfront Costs
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- Maximum Lump Sum Payout
Entitlements
National surveys state that almost 2 out of 3 Australians have been involved in a road accident. Even though the majority of road accidents are not physically traumatic, they still cause significant amounts of permanent injuries or fatalities. If you have been injured as a result of a road accident, you may be entitled to:
Medical treatment, medicine and travel expenses
Weekly payments to cover your financial loss
Awardable if you are mostly not at fault and your injury is non-minor
Awardable if you are mostly not at fault and your injury is non-minor
Our road accident lawyers can assess your claim and inform you about your entitlement and how to claim them. Reach us today to calculate your road accident injury compensation entitlements.
Who is eligible to make a road accident personal injury claim?
Anyone who has suffered physical or psychological injuries due to a road accident is entitled to medical expenses. On top of that, if you were not wholly their fault and your injuries are non-minor, you may be entitled to future loss of income and pain and suffering lump-sum payments. Road accident term covers all motor vehicle accidents including car, truck, forklift, pedestrian motorcycle and bike accidents. You can also make a dependency claim on behalf of your loved one.
What is a non-minor injury
You will be assessed by a general practitioner and they will determine the severity of your injuries. A non-minor injury is an injury to tissue that connects, supports or surrounds other structures or organs (such as muscles, tendons, ligaments etc.) of the body but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. Whiplash injury is one of the most common non-minor injuries.
How do I claim compensation after a road accident?
If you suffered a road accident injury, you can contact our experienced road accident lawyers for free legal advice or follow the steps below to make a claim.
Be sure that you have reported the accident to the police and noted the event number within 28 days from the accident.
Have an independent medical examination and get a medical report on your injuries and how they will likely affect your ability to function and/or work into the future and whether or not your injuries meet the 11% threshold to claim pain and suffering. If you retain our road accident lawyers, we will arrange an independent medical examination to ensure all your injuries, disabilities and losses will be taken into account into a lump sum payout.
Complete the Personal Injury Benefits form (PIBF) and send it with the Certificate of Capacity to the compulsory third party insurer of the vehicle at fault within 28 days.
Seek legal advice from experienced motor vehicle accident lawyers (if you haven’t) to know whether you are eligible to claim a lump-sum payment in addition to the statutory benefits.
What is the time limit?
28 days from the date of the accident, is the time limit to claim past statutory benefits for loss of wages for road accident compensation claims. If you have no lost wages you need to claim from prior to the date you lodge the PIBF then you have up to 3 months to lodge it to ensure you at least claim future lost wages and medical expenses.
If your injuries are non-minor you should lodge an application for common law modified damages, 20 months after the accident and lodge your claim with the Personal Injuries Commission within 3 years from the date of the accident. Prior to lodging your claim with the Personal Injuries Commission you are required to send particulars on your injuries, disabilities and losses to the insurer within a reasonable period of time to allow the insurer to make an offer prior to you lodging your claim.
When can I make a claim?
You can make a road accident claim as soon as possible. You can reach our personal injury lawyers at any step of your claim, and we will plan your claiming process together for you to receive the highest lump sum payout possible.
How much lump sum payment can I get?
Each claim is unique and the lump sum payment that you would receive depends on various factors such as your pre-accident intention and/or life plan along with your past medical history, the extent of your injuries and disabilities and your age. A lump sum payment usually includes a payment to take into account your future loss of income/opportunity and pain and suffering, if your injuries were assessed at being 11% whole person impairment or more. As far as your entitlement for pain and suffering lump sum payout is concerned, according to the Motor Accident Injuries Act 2017, the highest awardable amount of compensation for pain and suffering as at 2017 was $521,000.
The amount above was the maximum amount and that is for pain and suffering. There is no statutory prescribed limit that one can claim with respect to future loss of income/opportunity as it very much depends on your circumstances, pre accident. Reach us to get free advice on your entitlements, lump sum payments and how to claim them.
Frequently asked questions
The time limit of any motor vehicle accident claim is 3 years. Contact us as soon as possible if your road accident occurred prior to 3 years and you have not made a claim and we will inform you whether or not you can still proceed
If you are injured from a road accident you could claim statutory benefits, regardless if it was mostly your fault and regardless of whether your injuries are minor. However, as far as compensation in terms of a payout is concerned, you need to be not mostly at fault and have non-minor injuries.
According to the law, you do not have to have a lawyer to lodge a claim. However, having an experienced road accident lawyer will increase your chance to get the highest benefits and a lump sum payout that you could be entitled to, and help you speed up the process
No Win No Fee Road Accident Lawyers
You can meet our friendly road accident lawyers in New South Wales and Western Australia. We work on a No Win No Fee basis: it means that you do not pay any money for the legal fees if we do not get you compensation.. You can call us on 1800 952 898 today, or fill the form to arrange a callback.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
