Coping with an injury can be challenging enough without having to deal with the complexities of how to make a personal injury claim. If you have been injured at work, in a car accident, or in a public place and would like to know how to make a personal injury claim, our team of personal injury experts can help! Below is information on how we can make the process of how to make a personal injury claim much easier and ensure you get the best outcome possible.
Carbone Lawyers has been delivering great outcomes for our clients for over 30 years. Our personal injury team has expert knowledge of the laws relating to personal injury claims and is led by accredited personal injury specialist John Karantzis. John has more than 20 years of experience in Personal Injury Law & Litigation and has a very successful track record having negotiated settlements that total over $50,000,000.00 throughout his career.
How We Can Help You To File A Personal Injury Claim
The first step in how to file a personal injury claim is to consider whether your injury was a result of negligence by a third party. If this is the case, you may be able to make what is referred to as a negligence claim.
Negligence claims are where you seek compensation from a third party for the economic loss and pain and suffering you have sustained as a result of your injury. Personal injury cases for negligence claims include:
- Vehicle and car accidents
- Workers compensation
- Medical malpractice
- Public and product liability
- Dust diseases (includes asbestos-related diseases)
In Victoria, personal injury claims are governed by the Wrongs Act 1958, Transport Accident Act 1986 and the Workplace Injury Rehabilitation and Compensation Act 2013.
When you meet with our personal injury experts who have a solid understanding of this legislation, we will work with you on the following:
- Understanding the circumstances that caused your injury, relevant to compensation entitlements
- Advising you of your rights (including your rights on appealing a decision if a claim has been rejected)
- Determining what evidence you have and need to build your case
- Building and strategizing your case with a focus on ensuring you receive the maximum compensation you are entitled to (this could be recouping medical costs, recovering lost income and compensation for pain, suffering and future economic loss)
- Negotiating on your behalf (our team pride ourselves on working tirelessly to ensure you receive what you are entitled to)
Our team of experts not only know how to file a personal injury claim in a way that assists you to get the compensation you are entitled to, but we are a compassionate and understanding team. We will always treat you as an equal, really listen to you and work collaboratively with you.
The Personal Injury Litigation Process
When you’re injured, often the last thing on your mind is suing the person or organisation who caused your injury. However, in some cases, it may be the only way to get compensated for your injuries. If you decide to pursue a personal injury lawsuit, there are several things you can expect along the way.
First, after you file the complaint with the court, the defendant will file a defence. The defence will usually deny any liability for the accident/incident and may also include defences such as contributory negligence (if you were partially responsible for causing the accident) or voluntary assumption of risk (if you knew about and accepted the risks of what happened).
Discovery is an important stage of litigation where both sides exchange information that can be used as evidence during the trial. This process can take a long time to complete, with discovery being one of the most significant stages. During discovery, each side will ask for documents and other information from the other party. They may also request depositions (recorded interviews) of witnesses or parties involved in the case.
The possibility of settling at any point during this process is very real and is an option right up to (or even during) the trial. Many cases are settled before trial, either through informal negotiations between the parties or through a mediator. If a case does go to trial, it will be heard by a judge and, in some cases, a jury.
Pre-trial motions can be filed at any point during the process but are more common in cases that go to trial. These motions ask the court to rule on certain issues before the case goes to trial. For example, one party might file a motion asking the court to dismiss the case because they believe the other party doesn’t have strong enough evidence.
The personal injury litigation process can take a long time to complete – sometimes several months. However, your lawyer should keep you updated on your case’s progress every step of the way.
Talk To Us About How To File A Personal Injury Claim Today
If you’d like to know about how to make a personal injury claim contact us on 1800 369 888 or fill out our online enquiry form and we will arrange an appointment with one of our personal injury experts.
