Often people feel as though an injury they have sustained is not worthy of making a compensation claim and that there needs to be a life-altering incident to be entitled to compensation. Typically used as an umbrella term for more specific branches of common law, the term ‘personal injury’ applies to several different situations. While everyone’s circumstances are unique, there are a few ‘checkboxes’ you can start with to help identify a starting point and what step to take next.
From workplace accident to motor vehicle accident claims, the term “Personal injury” encompasses any injury (psychological or physical) that has been sustained because of the negligent action or inaction of another person or organisation where a duty of care was owed to the injured person.
Types of personal injury claims
Workplace injury
Every employee is entitled to a safe work environment and your employer’s duty of care extends to anything that may have happened while on the worksite premises, or while performing activities related to your role (this includes working from home!). While your employer is responsible for staying up to date and ensuring correct procedures are being followed, it’s also important as the employee to stay on top of your own safety requirements, personal health and wellness, training, and certificates.
Medical negligence
Medical negligence occurs when a medical professional fails to provide care at the required standard of care where another doctor and or medical professional would provide care at the required standard. A past client of Gouldson, Rhonda, suffered traumatic physical and psychological injuries as a result of medical negligence and thanks to our dedicated team of personal injury lawyers, secured financial compensation along with renewed hope for her future. There are several occasions where this type of personal injury can happen:
- Failure to communicate the details of a procedure and what risks could potentially happen
- Failing to prescribe the correct medication or dosage amount
- Having insufficient qualifications to perform a procedure
- Failing to correctly diagnose a medical condition
- Misdiagnosing a medical condition
- Performing a procedure incorrectly, or in circumstances where is was not required
Motor vehicle accident
Whether you were a driver, passenger, pedestrian, motorcyclist, or cyclist, injuries sustained in a road accident can be lasting and debilitating. From physical injuries that occur at the time, to psychological and delayed symptoms, you may be eligible for financial compensation for your injuries and the losses sustained if you can prove that another person was responsible for causing your accident.
What personal injury compensation covers
The three types of personal injury above are some of the most common we see in Queensland. For these types of personal injury claims, compensation falls into the following heads of damage:
- General damages to compensate for pain and suffering as well as the loss of enjoyment of life as a result of the injury.
- Loss of income (past and future) calculated based on the income being earned at the date of injury, allowing for future progression in earnings for as long as the injury causes an interruption to those earnings
- Medical, medication and rehabilitation expenses (past and future)
- Superannuation loss
- Care and assistance (where allowed within the various compensation schemes)
- Interest on losses
Personal injury claims can feel like an overwhelming and time-intensive process without legal help and finding the right lawyer is easier said than done. Identifying what a personal injury claim is and if you’re entitled to compensation can be as easy as setting up a free case review with Gouldson Legal.