If you have suffered an injury you may be entitled to claim compensation for your pain and suffering and for your loss. We are experienced Adelaide injury compensation lawyers and often successfully resolve claims without the need to go to Court. We have settled hundreds of injury compensation matters and we know all the issues – see our client Reviews. Call us to talk about your compensation matter on a no obligation basis. We would be pleased to answer your questions.
Types of Injury Compensation
The sorts of situations in which an injured person may be entitled to claim compensation include:
- Motor vehicle accidents;
- Slips and falls in public places eg, supermarkets, restaurants and retail outlets;
- Injuries in homes or on private property; and
- Dog bites/attacks, dog and bicycle/jogger collisions;
If you have been injured in one of these situations it is important that you take certain action as soon as possible to improve the chances of making a successful claim.
Injury Compensation Checklist
Every situation is different and we can give you advice for your specific circumstances but generally speaking it is good practice to do the following:
- Seek medical assistance as necessary and keep records of all attendances and treatment;
- Get the name and contact details of any witnesses;
- Make notes of relevant details such as the location, time of day, weather conditions, traffic or other conditions;
- Take photographs of the accident scene;
- Take photographs of the injuries and any other damage;
- Keep receipts for any travel expenses, medical, dental and physiotherapy and pharmaceutical costs;
- Make a diary of any pain or other effects or consequences of the accident and your injury.
Yes but it will be necessary to identify the dog and its owner. It is likely that the dog owners home insurance will pay compensation on behalf of the owner. Find out more
Types of Compensation
The types of compensation that may be paid to an injured person include compensation for:
- Pain, suffering and disfigurement;
- Medical expenses – including doctors and specialists, chemist, ambulance, hospital, physiotherapy, chiropractic and massage;
- Past and future loss of earning capacity (excluding the first week);
- Voluntary assistance by family members; and
- Contribution toward legal costs.
An injured person can make a claim any time after an accident occurs but has up to 3 years to make a claim in Court. After 3 years the claim is statute-barred although this time limit can be extended in certain situations.
Motor Vehicle Accidents
To receive compensation for injuries in a car accident the injured person must prove that another person was negligent (at fault). As a passenger it is generally a straightforward process to prove negligence on the part of a driver. For a driver it will depend upon the circumstances of the collision. The driver of a single car crash is not usually entitled to compensation although his passenger may be if he can prove fault on the driver’s part.
An injured person may be entitled to claim compensation against the “nominal defendant” in situations where the other driver cannot be identified (say for instance a hit run situation where the other driver does not stop).
Allianz manages claims for compensation arising from car accidents although the Motor Accident Commission is in fact the compulsory third party insurer. We are able to assist you with notifying Allianz of the accident and your claim.
Where liability is not in dispute, Allianz is usually willing to pay reasonable medical and rehabilitation expenses as they are incurred, well in advance of settlement of your claim.
In most cases we are able to negotiate an out of Court settlement of your claim with Allianz including an amount as contribution towards your costs.
Slips and falls in public places – Public/Occupiers Liability Claims
Many premises that are open to the public contain hidden dangers such as slippery floors, poorly constructed stairs, badly lit common areas and the like. Sometimes temporary structures or spilt liquids present a danger to the visiting public.
As with car accidents, if you are injured as a result of a fall in a public place it is necessary to prove that the occupier was negligent or at fault and that this negligence was the reason for your fall. It is not enough to simply prove that you fell and hurt yourself.
Substances spilt on supermarket/shop floors are a common cause of falls. It is not enough however to simply prove that you fell as a result of something spilt on the floor. To prove fault on the part of the supermarket owner you will depend upon such things as:
- How long the substance had been on the floor before you fell;
- Whether the supermarket’s cleaning system was inadequate to protect the public against spills of the type that caused your fall;
- Whether the cleaning system, although adequate, had not been properly implemented at the time that you fell;
- Whether you were to any degree responsible for your fall (ie, were you wearing sensible shoes; were you intoxicated etc)
Beger & Co can assist you in claiming compensation where you have suffered injury through a fall at dangerous premises. Again you have up to 3 years to make a claim in Court but we recommend that you claim as soon as possible.
Most occupiers of property have public liability insurance that provides the financial means to meet payments we are able to negotiate on your behalf. Unfortunately public liability insurers are not willing to pay for medical expenses prior to settlement however these should be reimbursed to you as part of your claim.
Injuries occurring on private property or homes
It is not uncommon for people to suffer injuries whilst visiting friends at home. There may be a tripping hazard at a friend’s house that you happen upon and injure yourself. It is not uncommon for cellar doors to be left open, which can be very dangerous. Again it is necessary to prove negligence on the part of the occupier before you can successfully claim compensation for your injuries.
It may seem unpleasant to claim compensation in such circumstances but if the injury is serious and expenses and income loss are extensive it is the sensible thing to do. The majority of people have insurance over their homes that will cover such situations and be available to fund a claim for compensation. Beger & Co can guide you through the process of making a claim and negotiating a settlement.
Dog bites/attacks or collisions between dogs and joggers/cyclists
If a dog has caused you injury, loss or damage you probably have an entitlement to compensation under the Dog and Cat Management Act. That Act makes the owner of a dog responsible for injury, loss or damage caused by the dog, and it is not necessary for the injured person to prove that the dog owner was negligent or at fault. The owner is responsible for injury whether by direct bite or indirectly through the actions of their dog.
Many home and contents insurance policies include public/legal liability cover that applies to accidents occurring anywhere in Australia. This insurance is available to fund claims for compensation for injuries caused by dogs. Beger & Co can help you to claim your entitlement to compensation under the Dog and Cat Management Act.
We are here to take the stress and uncertainty of making a claim out of your hands, allowing you to focus on improving your health by the treatment provided and devised by your medical practitioners.