Our specialist personal injury lawyers at PK Simpson can help you claim compensation if you have been injured and believe you may have a compensation case. In NSW, all personal injury claims are made under the Civil Liability Act 2002, which defines all the legal requirements necessary for claiming compensation. The Act also governs the time-frame in which claimants must submit their personal injury claim documentation. Injuries sustained in motor vehicle accidents and work injuries are the most common, but many other personal injury claims permit an injured person to be compensated for any losses.

What kind of compensation can I expect?

Pain and suffering

Future Economic Loss

Wages Lost


Which Law Applies to Personal Injury Claims in NSW?

The law that applies depends on how the injury occurred and the benefit or damages sought. NSW personal injury claims can involve separate statutory schemes, each with its own eligibility rules, procedures and deadlines.

  • Workplace injuries are generally dealt with under workers compensation legislation, while a separate work injury damages claim may require proof of employer negligence.
  • Motor accident injuries are generally managed through the NSW CTP scheme under the Motor Accident Injuries Act 2017.
  • Public liability and medical negligence claims may engage the Civil Liability Act 2002, together with limitation and procedural laws.

Some statutory benefits may be available without proving another person was negligent. The Judicial Commission of NSW confirms that different legislation applies to motor accidents, workers compensation and civil-liability claims.

Notification, claim and court deadlines also differ between schemes and remedies. A personal injury lawyer in NSW can identify the correct pathway, but prompt advice is important because waiting may affect evidence or legal rights.

What Can a Personal Injury Compensation Claim Cover?

A personal injury compensation claim may include different benefits or damages depending on the scheme, injury and evidence. No category or amount is automatic, and statutory thresholds or limits may apply.

  • Reasonable treatment, rehabilitation and related expenses may be available under the relevant scheme.
  • Past and future income loss may be recoverable where the legal requirements are met.
  • Care, assistance or other out-of-pocket losses may be included in some claims.
  • Non-economic loss or permanent-impairment payments may require a specified level of seriousness or impairment.

These less common personal injury claims may include:

  • Crime victim compensation
  • Sexual harassment
  • Medical negligence
  • Public liability injuries
  • Product liability injuries
  • Work-related discrimination
  • Professional negligence

Our personal injury lawyers at PK Simpson in Sydney have seen it all, and we know that every compensation claim has unique aspects, which is why choosing the most qualified and experienced personal injury lawyer is crucial to make sure you get the full compensation you are entitled to receive.

For more than 45 years, PK Simpson lawyers win 99 per cent of compensation claims for our clients.

The PK Simpson team of highly skilled solicitors have all that’s needed to make sure your personal injury claim is successful, so you receive the full amount of compensation you deserve.

A Successful Personal Injury Claim

There are many things to consider to ensure your personal injury claim is successful. Our PK Simpson lawyers know that many personal injury claims turn on proving that another person’s negligence caused your injuries and that they failed in a duty of care they owed you. Some statutory benefits may be available without proving fault, so the correct pathway depends on how you were injured. The other side may argue that reasonable care was taken, or that your own actions contributed, which is why careful evidence and advice matter.

The defence will argue that the party accused of being at fault was indeed careful, and the court may find that proper care was taken and that instead, you as the injured party, were careless. This scenario shows why it is crucial to have our experienced, skilled PK Simpson personal injury lawyers on your side to do battle and win your case.

For over 45 years, PK Simpson solicitors have helped people in NSW make successful personal injury and accident compensation claims.

How to Make a Personal Injury Claim in NSW

How to make a personal injury claim depends on the applicable scheme, but early treatment, reporting and record-keeping are useful across many pathways. The following steps provide a general starting point.

  1. Seek medical care and explain how the injury occurred so your condition and treatment are documented.
  2. Report the incident promptly to the employer, insurer, police, occupier or other relevant body, as the scheme requires.
  3. Keep photographs, witness details, incident reports, medical records, receipts, payslips and correspondence about the injury.
  4. Identify the correct scheme and lodge the required notice or claim documents within its applicable time limits.

The claim may then involve medical assessments, requests for information and an insurer decision. Avoid signing a release or accepting a settlement without understanding which future losses or entitlements it resolves.

Personal Injury Assumed Risk

The court will find that there is no claim for personal injury compensation if it determines that you assumed the risk. If you knew there was a reasonable risk or expectation of personal injury in the activity or event in which you were injured, and the court finds this to be the case, the defendant won’t be liable. Another thing to consider is the time limit in which you must file a personal injury claim. Be aware that different time limits apply depending on the kind of claim you make, which is why you need the services of one of our specialist personal injury lawyers at PK Simpson to lodge your claim promptly and ensure a successful outcome.

Our solicitors are experts when it comes to the intricacies of personal injury law and have the skills, experience and personnel to not only manage but win a compensation claim. We win over 99 per cent of claims, so don’t hesitate to contact PK Simpson on 1300 757 467 or book an appointment to come in and tell us about your claim.

References:

1. http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/cla2002161/

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A claim assessment can help identify the relevant insurer, available benefits, evidence gaps and urgent deadlines. The correct route depends on the injury and legal scheme rather than a single process for every claim.

What Happens After You Lodge a Claim?

The insurer, employer or responsible party may investigate liability, review medical information and ask for further documents. The claim may lead to an entitlement decision, negotiation or settlement, depending on the scheme.

If a workers compensation or motor accident dispute cannot be resolved, it may fall within the Personal Injury Commission. Other negligence claims may proceed through negotiation, mediation or court proceedings, depending on the circumstances.

Before accepting an offer, consider treatment needs, income loss, care and future effects supported by the evidence. A personal injury lawyer in NSW should also explain legal fees, disbursements and possible costs exposure under the proposed costs agreement.

This information is general and does not replace legal advice about your circumstances. Eligibility, deadlines, compensation and dispute procedures vary between NSW personal injury schemes.

Frequently asked questions

If you’re not at fault, your premiums shouldn’t increase. Your legal right to compensation exists independently of insurance considerations.

We investigate thoroughly, obtaining evidence you might not access alone. Police reports, CCTV footage, expert reconstruction – we build the strongest possible case.

Our no-win, no-fee arrangement means no upfront costs. We’re only paid if we win your case, aligning our interests with yours.

While possible, self-representation rarely achieves optimal outcomes. Insurance disputes companies exploit unrepresented claimants’ lack of legal knowledge and negotiation experience.

You’re in safe hands with us

7 out of 10 clients are referred by our current clients.

“I’m so happy to have found the team at PK Simpson. They helped me when I was going through one of the toughest times of my life. When my claim settled I ended up with a compensation payout which allowed me to keep my family home. Would recommend 100%”

Sammy Dickson
a month ago

“I have received the cheque and paperwork. Thank you very much! I really appreciate what you have achieved.”

Fred, Erskineville NSW
a month ago

“Thank you so much. I definitely will stay in touch. You always manage to help so thank you very much from both my father and I. We really appreciate your help and the whole team.”

Rasha, Heckenberg
a month ago

“The very friendly team at PK Simpson has helped me complete three TPD claims. They have helped in all aspects from professional courtesy to contacting me in regards to appointments. I strongly recommend that you go with PK if you’re in need of any help.”

Semi, Blacktown NSW
a month ago

“I am very, very thankful to PK Simpson for helping me get my TPD claim approved. This has changed my life. All my debts are paid off. I still have funds to secure my future.A very special thanks to my TPD solicitor and secretary for all the help and follow up you did.”

Ahmed, West Hoxton NSW
a month ago

“I have received your letter with attached cheque. I wanted to thank you for finalising my matter so quickly. It is very much appreciated. All the best to my TPD team.”

Kurt, Adelaide SA
a month ago

“Thank you so much I have gone through a lot. This will help me in a lot of ways physically and mentally. I’ve sent some flowers to show my appreciation.”

Troy, Sydney
a month ago
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