If you have been injured and want to know how to file a personal injury lawsuit, the first step is gaining an understanding of whether you are able to file a lawsuit for your injury, any limitation periods that may be relevant and what compensation you may be entitled to.
Carbone Lawyers has a team of personal injury experts experienced in all aspects of WorkCover, TAC, Public Liability and other common law claims for personal injury compensation. We will be able to provide accurate advice and advise you on the process of how to file a personal injury lawsuit. Carbone Lawyers has been delivering great outcomes for clients for many years and we pride ourselves on providing personal and cost-effective representation for all our clients.
What Is Considered To Be A Personal Injury?
The first thing to consider when looking to file a personal injury lawsuit is what is considered to be a personal injury and whether your pain and suffering is as a result of a personal injury caused by the negligence of a third party.
Negligence claims for personal injury include the following:
- Vehicle and car accidents
- Workers compensation
- Medical malpractice
- Public and product liability
- Dust diseases (includes asbestos-related diseases)
Filing A Personal Injury Lawsuit
It is important to note that time limits apply to all personal injury claims so speaking to an expert will help you to understand if you are eligible to make a claim.
There are also different types of legislation that personal injuries are governed by in Victoria that will also determine your entitlement to claim. These include:
- Wrongs Act 1958
- Transport Accident Act 1986
- Workplace Injury Rehabilitation and Compensation Act 2013
Under these statutes a person can make a ‘negligence claim’ for compensation if they have suffered non-economic and/or economic loss as a result of a personal injury or death.
As there are many factors the courts are required to consider with respect to personal injury claims, having an expert guide you through the process will help to ensure you receive the compensation you are entitled to.
Processes for Personal Injury Lawsuits
The first step when filing a personal injury lawsuit is to compile all the information you have in relation to the injury to build evidence and support your case. We will guide you through this to ensure we build a strong case on your behalf. Our team will negotiate with the other party to try to settle outside of court, however if we can’t reach an agreement, your case may proceed with a trial at court. A very small percentage of cases run to trial.
If required, we will prepare your court documentation in a way that drives your matter to achieve the best possible outcome for you.
In terms of what the average time is to settle a personal injury lawsuit – it is hard to determine a time as each case is unique and there are many contributing factors that may affect how long it takes.
Where To File A Personal Injury Lawsuit
We will always try to negotiate with the other party to settle out of court (majority of personal injury cases are settled outside of court), however, where to file a personal injury lawsuit if an agreement cannot be reached is typically through the Supreme or County Court.
As mentioned above, we will help prepare your documentation to build the strongest case possible for you. We also represent our clients on a “no win, no fee” basis. This means that if you don’t win, we won’t charge you for professional costs and disbursements.
Talk To The Personal Injury Experts Today
Call 1800 369 888 or fill out our online enquiry form to arrange an appointment with one of our personal injury experts who will be able to provide more information on what is the average time to settle a personal injury lawsuit and what is considered to be a personal injury.
