You can file a personal injury claim if you experience financial losses due to a personal injury, which may be physical or psychological in nature.
To be eligible for such a claim, the injury must be the result of an accident that occurred due to someone else’s negligence. This means that you must be able to demonstrate that the injury was caused by the carelessness or wrongful actions of another party.
Here are some examples of where you can receive personal injury compensation:
You can receive personal injury compensation in Australia from your insurer or from the other party involved in the accident.
Personal injury compensation for medical negligence
You can receive compensation for medical negligence. For example, suppose you went to a dentist for some dental surgery and, due to the negligence of your doctor or the clinic staff, your case became complicated, requiring you to take time off work and incur additional expenses. In that case, you can claim personal injury compensation.
For your claim, you may be compensated for extra medical bills, lost time from work, or psychological stress caused by the negligence.
Personal injury compensation for sporting accident
For example, on a bright sunny day, you are playing tennis at a park managed by your city council. However, due to a slippery surface, you slip and injure your knee. You will need physical therapy, which will cost you a lot. A claim for compensation against the city council can be filed. You can get compensation for the therapy cost. In addition, you may need time off work for your recovery. You can also apply for compensation for the lost wages during this period.
Public liability personal injury compensation
If you are walking in a mall and you slip due to a wet floor the mall management did not put up a sign indicating that the floor is wet. You can claim compensation for the injury you suffered from the fall.
How much can you get for personal injury compensation?
You can receive a good amount in injury compensation, but it will depend upon the type and severity of your injury. For example, you can get $14,377 for burns and related treatment expenses. If you have suffered a strain due to the negligence of another party, the treatment might cost around $16,478. For diseases affecting the musculoskeletal system, such as back conditions, the treatment cost can be around $23,614.
Personal injury compensation calculated
Personal injury compensation in Australia is calculated based on many factors, which can vary. The calculation usually involves medical reports, salary or daily wage records, and other evidence needed to ensure the authenticity of your claim.
The main components considered in personal injury damage calculations include medical expenses, lost wages, pain and suffering, loss of enjoyment of life, and special damages.
What laws govern personal injury compensation?
There are two laws in Australia that govern personal injury compensation, one is the Workers’ Compensation. The other law that governs personal injury compensation is the Rehabilitation Regulation 2014 (Qld) (WCRR) and the Civil Liability Regulation 2014 (Qld) (CLR).
Read more: What does Public Liability Insurance cover in Australia?
Do you have to pay tax on the compensation for personal injury?
In most cases, you, don’t have to pay taxes on the compensation you receive for pain and suffering damages, because it is not taxable income. However, if you invest the compensation somewhere and you get interest or profit out of it, then according to Australian tax-related laws, you will have to pay tax on the profit you have generated.
Contact United Legal Canberra with all your questions regarding personal injury claims in Australia. We will help you get most of your personal injury claim! Talk to our representative today for a free consultation. We will review your insurance needs and take prompt action on your behalf. For more information, call us at (02) 6295 2283 or email us at admin@unitedlegal.com.au. Scheduling an appointment takes just a few minutes.
