What personal injury compensation are you entitled to claim?

A personal injury claim is one of the most common types of compensation claims encountered by our lawyers. One of the reasons it is so common is because it can be applied to several different situations, making it a common claim by individuals in Australia. A personal injury claim is meant to compensate a person who has suffered an injury due to the actions of another individual. The individual must have been negligent or acted wrongfully for the person’s claim to be successful. 

For personal injury compensation, a lot of the confusion that surrounds it is regarding what can be claimed. Understandably, many people are confused because you can claim a lot as compensation. This, however, is dependent on the type of injury that you incur and the specifics of your case. To help you ascertain the compensation for personal injury that you can claim, we’ve outlined the types of expenses that you may incur and thus, will be able to claim for.

Types of damages that your personal injury lawyer in Sydney can claim

General

General damages are also known as “damages for pain and suffering and loss of enjoyment of life”. Though quite a broad definition, this type of damage refers to the suffering and restriction you have experienced in comparison to your pre-injury/pre-harm life. Bear in mind that includes both mental and physical injuries such as disfigurement, depression and anxiety. There are two types of pain and suffering: that which is current and can be easily calculated and that which can continue. Calculating the compensation due for pain, suffering and loss of enjoyment of life can be difficult, however, with the help of one of our lawyers, you will be able to claim all that you are entitled to.

Loss of past and future income

If your injury has caused you to stop work, lose your earning capacity or time from work or sustain any loss of income, then you are entitled to claim compensation for these lost funds. Remember that it is because of the injury caused by someone else that you are now in the difficult situation of reduced income, so, it is only fair that you recoup this money.

Past and future medical and rehabilitation expenses

This is one of the most obvious expenses that you should be compensated for. As a result of your injury, you may incur the following expenses: medical and rehabilitation treatment, pharmaceuticals, medical and ergonomic aids, home or vehicle modifications (e.g. installation of a wheelchair ramp). Any other reasonable expense incurred as a result of the injury can be included as well. If in the future, you incur any of the above expenses, then you are still entitled to claim.

Gratuitous/Paid care and assistance

If your injury has impaired your ability to carry out simple daily tasks such as personal care, transportation or duties at home (such as laundry, lawn maintenance and housekeeping) and this was done by yourself before your injury, then you can claim for damages. When a person pays for domestic care and services (like those mentioned previously), then this is considered paid care. However, if a family member or friend provides these services without payment then this is classified as gratuitous care. When a claim is made, this can include future care. If the injured person required care before his or her injury, but now requires increased care as a result of his or her injury, then only the additional care can be claimed for.

Loss of past and future superannuation benefits

If you have suffered past and future loss of income as a result of the injury sustained, then you can claim for the loss of superannuation associated with this loss. Superannuation is a compulsory process where you and your employer place a percentage of your salary into a fund for your future retirement financial needs.

Interest

Monetary loss or incurred expenses as a result of your injuries can be subject to interest from the date that they occurred to the day that you claim is resolved. 

We hope this helps you to understand the expenses that you can claim compensation for. There are some instances in which the common law has been modified by statute and among other things, there are thresholds and caps. Strict time limits also exist. If you have any other questions regarding personal injury compensation or concerns about your specific case, feel free to contact Prominent Lawyers. They will offer you the best legal advice and guidance for your situation. Our lawyers are here to support you and get you the help you need.