Personal injury claims are civil actions, which means that if a business or other person should cause you (the Plaintiff) an injury and they are deemed at fault, the legal remedy is in the form of damages and you will receive an amount of money from the liable party (the Defendant). In NSW, most personal injury claims will require you as the claimant to prove any injuries you sustained were the fault of another person or business. If you have sustained an injury due to somebody else’s negligence, you are most likely to be entitled to make a personal injury claim, but you need to get professional advice and lodge the claim as soon as possible because there are strict time limits. With Workers’ Compensation claims, no matter who is at fault, an injured worker is entitled to compensation, even if the worker’s negligence caused their injury, they would still be entitled to claim Workers’ Compensation benefits.
For more than 38 years, PK Simpson Injury Compensation Lawyers have been helping the people of Australia receive the compensation they deserve.
We’ve successfully handled over 25,000 claims and helped thousands get their lives back on track.
That is our speciality!
What Does Personal Injury Include?
In insurance terminology, ‘personal injury’ as usually defined, doesn’t include mental injury if it happened as a result of imprisonment or false arrest, malicious prosecution, or defamation. Personal injury does include the following claims:
- Compensation claims for vehicle accidents in New South Wales.
- New South Wales Workers’ Compensation (dust disease, personal injury, etc.).
- A civil liability claim in New South Wales (arising from allegations of defective goods, medical negligence, slips, trips and falls).
- ‘Comcare’ or Commonwealth Workers’ Compensation.
- TPD (Total and Permanent disability).
- Income Protection or Salary Discontinuance.
At PK Simpson, we are a personal injury law firm that charges on a No Win – No Fee basis – but, unlike most competing law firms, we do not simply pick and choose the cases that we are likely to win – and we win 99 per cent of cases!
Mental/Psychological Injury NSW
Psychological injury is a group of symptoms, both cognitive and emotional, that have a negative effect on a person’s life, particularly around how they feel, behave and think. These injuries, also called Mental injuries, are PTSD (Post Traumatic Stress Disorder), Depression, and Anxiety. Most injuries of this kind in the workplace are caused by an individual, organisational or environmental factor. In the category of environmental factors, unsafe equipment, noise levels, or accidents may be the cause of the injury. A worker who suffers an injury to their mental health at work and develops any of the above mental illnesses can seek compensation just as they would if the injury was physical. However, psychological injury claims are a challenge because they usually require the injured person to take more time off work, and these claims are more expensive. Most causes can include constant change, high stress levels and zero or little support from superiors. Research(2 )has shown that it costs Australian businesses $6 billion a year due to a lack of psychological safety in the workplace.
Can I Make a Personal Injury Claim?
If you’ve suffered an injury in a road accident, or in any of the other categories mentioned above in NSW, you are entitled to make a personal injury claim if the fault was someone’s else’s. If you have been injured at work, then you can make a Workers’ Compensation claim no matter who was at fault. Most of the time, you can file an injury claim if you or a loved one has had an injury in any kind of accident that occurred within the past three years. Once your personal injury claim has been made, your lawyer’s attention will turn to the evidence that you, your medical specialists, or witnesses must supply.
At PK Simpson, we represent anyone with a viable compensation claim, whether large or small, arising from injury or illness suffered as a result of:
Motor Vehicle or Workplace Accidents – Unable to work due to injury or illness – Public or Private Place Accidents – Whole Injury Damages Claims (Common Law Claims) – Medical Negligence and TPD.
What is ‘Pain and Suffering’?
Pain and suffering is also known as general damages or non-economic loss, and it is a significant part of any claim for compensation. If you’ve sustained an injury that has had a detrimental effect on your life, you are most likely to be entitled to make a claim for your pain and suffering and be awarded damages. For a person who is unemployed, is young, or is retired, a loss of wages claim can’t be made, so pain and suffering will usually be the largest part of their compensation claim. However, the circumstances surrounding your injury or accident will play a large part in whether your claim is successful. Different laws apply to all different kinds of accidents, so, e.g., if you’re injured at work, different compensation entitlements will apply. Similarly, a car accident injury is treated differently to, say, a slip and fall accident in a shopping mall. Consult the professionals at PK Simpson for advice.
Is a Death Covered by Personal Injury Insurance
In NSW, different rules apply in common law damages claims in the event of a death or personal injury, depending on the circumstances(1). A lawyer acting for the estate of someone killed or injured due to a wrongful act of someone else can claim common law damages on behalf of the estate. Or they can carry on an action that has already begun. This does not apply if the deceased person completed an action for the recovery of such damages before they died. In an action brought by an estate, the damages recoverable for economic loss include:
- Any hospital or medical expenses that occurred before the death.
- Damages for free care services provided by and received by the deceased to other people, before the death.
- The loss of the deceased person’s capacity to earn a living up to the date of death.
- Funeral expenses.
PK Simpson prides itself on being a firm that takes on any case relating to compensation, big or small. Call us today or enquire online now so we can help you. Phone us on 1300 757 467 or email enquiries@pksimpson.com.au.
Frequently Asked Questions
A: The length of time you have to make your claim depends on the jurisdiction.
For instance:
- TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
- Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
- Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
- Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
A: At PK Simpson in Sydney we act on a no win, no fee basis and an estimate of the costs will be discussed and clearly explained to you during the preliminary stages of your claim. At the end of your claim, we charge only for the work we’ve done, so if your claim is finalised faster than expected, we charge fees only up to that point. Also, we pay for all medical reports upfront.
Unlike most law firms, we don’t charge a strict percentage which would have you paying a set figure even if the claim settles in two weeks. Costs can be affected by the type of accident, your insurer, liability and other considerations.
A: After all the claim documents are in and the medical records and reports are done, the personal injury solicitors at PK Simpson can better assess the worth of your claim.
A: If you’re reading this, you’ve come to the right place! PK Simpson is a top law firm in Sydney, so contact us today.
A: The NSW government pays solicitors to represent injured workers in NSW.
If your matter progresses to a common law claim, fees come out of the settlement monies.
So many of our clients are relieved and happy that they chose to bring in our lawyers, who are personal injury claims experts. Our lawyers ensured our clients’ settlement processes were less stressful and their personal injury claim payouts were what they deserved.
- What’s your area of expertise?
- What success stories can you share?
- How often have you gone to trial?
- What’s your track record?
- How much will I have to pay in fees?
- Who will handle my case?
- How will they communicate with me?
- How long will it take to reach an outcome?
- How much compensation am I likely to receive?
A: A personal injury lawyer will represent you if you’ve been injured in an incident or accident that was not your fault. Lawyers such as the specialists at PK Simpson Sydney work in personal injury and compensation law, encompassing deliberate acts and negligence, to claim compensation for you. Apart from all the legal work, lawyers also help you to recover faster by making sure you get the treatment and resources needed. PK Simpson pays for all medical reports needed to maximise your claim and get the best evidence.
A: The legal definition of a personal injury is general physical and/or psychological damage to a person which is the fault of another party. This can be, for instance, the driver of another vehicle, another person, owner of a public area, or an employer. A physical injury usually involves an injury of a psychological nature or it can be one or the other. Specialist doctors are required to identify the nature of injury to round out a personal injury claim.
A: Payouts for personal injury are different for all cases due to the facts and circumstances of negligence and other factors. Ask our personal injury claim lawyers for information on your particular case.
A: To ensure you get the best possible outcome, we advise claimants to contact expert personal injury lawyers as soon as practicable after your injury occurs. Getting experienced personal injury lawyers on board to manage your claim can streamline the process and relieve stress so you can concentrate on your recovery.
A: If you’ve suffered serious bodily, psychological or reputational injuries it’s crucial that you contact a personal injury lawyer as soon as possible. There are special skills and training and a thorough knowledge of the law required to file a personal injury lawsuit and there are time frames in which you need to lodge your claim. Especially for traffic accidents and medical negligence claims in NSW, you will need an experienced team to handle and build your claim. So the advice is to take action as soon as you are able.