Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Personal Injury law, often referred to as tort law in Australia, covers cases where a person has suffered harm due to the negligence or intentional harm caused by others. This can encompass a wide range of situations including road accidents, workplace incidents, medical negligence, slip and fall accidents, and more. In Liverpool, as with the rest of Australia, claimants may be entitled to compensation for injuries sustained, loss of earnings, and other related expenses.
Due to the complex nature of personal injury law and the considerable impacts these incidents can have, accessing a personal injury lawyer can be crucial. Here are some common situations where you may need a lawyer:
- If you have suffered an injury caused by the negligence of another party.
- If you sustain an injury in the workplace and need to go through the workers’ compensation process.
- If you experience a personal injury that results in long-term or permanently disabling injuries.
- If the insurance company refuses your claim or offers a settlement that doesn't adequately cover your costs.
In Liverpool, Australia, there are several key local laws relevant to personal injury claims. For example, a legal time limit (also known as a Statutes of Limitations) applies to most personal injury claims. This is usually three years, but exceptions can apply in certain circumstances. For a claim to be successful, negligence must also be proved — which means the other party owed you a duty of care, breached that duty and it resulted in your injury. Furthermore, compensation can only be claimed for 'actual loss'. This means you can claim for expenses such as medical fees and loss of income, but not for 'punitive' reasons.
The process length can vary depending on the complexity of the case, but it generally takes several months to a few years.
This arrangement means you will not have to pay your lawyer’s fees unless they win your case. However, this does not cover other potential costs associated with your case like court fees.
You can make a claim for things such as medical expenses, loss of earnings, and in some cases, pain and suffering involved.
Generally, a three-year limit applies, but there can be exceptions, particularly in cases related to medical negligence or children.
Most personal injury claims are resolved before reaching court. However, if parties can't agree on a settlement, the case may need to go to court.
For more resources, governmental bodies such as the Australian Competition and Consumer Commission, the Department of Justice, and the Liverpool City Council provide extensive information. Various legal service organizations, such as the Australian Centre for Justice Innovation, also offer resources and guides on personal injury law.
If you feel you have a claim, the best place to start is by seeking legal advice. Choose a personal injury lawyer who is experienced in Western Australia’s laws. An initial consultation with a lawyer will give you a better understanding of your case, potential outcomes, and your rights under Liverpool and Australian law.
