When it comes to making a compensation claim, there are a lot of different avenues to explore. A compensation lawyer specialises in different compensation types because each has its own special legal requirements — a fact that can seem overwhelming at first. Luckily, with the right legal team on your side, you are one step closer to getting your desired result.
What is a compensation claim?
Despite the fact that there are so many different kinds of compensation claims, they all have one underlying similarity. In most cases, someone would file a compensation claim when they suffer harm as the result of another person’s negligence.
The rules and regulations differ depending on the types of injury claims as well as the location where the case is happening. This can make the process somewhat complicated to do alone, especially if you are recovering from a recent unexpected injury or accident. Let’s take a look at five of the most common types of compensation claims and how to successfully file them.
Personal Injury
One of the most common types of compensation claims that are made in Australia is personal injury claims. Here are some examples of personal injury cases that Gerard Malouf & Partners has experience winning:
- Workers compensation claims.
- Medical negligence claims.
- Public liability claims.
- Motor vehicle and car accident claims.
If you suspect that you have been the victim of a personal injury, including psychological injury or another accident, seek legal advice on how to proceed.
4 most common compensation claims
In order to successfully file a claim, you need to understand what kind of compensation you’re seeking. Your personal injury lawyer and legal team will guide you through the proceeding, but it’s helpful to have a basic understanding going into the filing.
1. Worker’s compensation claims
Worker’s compensation is a type of claim that can be filed by an injured worker if you have been injured while working. These types of accidents can be complicated because there may be a potential dispute from an unhappy employer. This is why it’s so important to work with a legal team that has the right knowledge to help you find the success you deserve when it comes to finding the right compensation for a workplace injury.
2. Medical negligence claims
One of the more common types of personal injury compensation claims comes as the result of medical negligence. This happens when a medical professional like a doctor or nurse fails to hold up their duty of reasonable care to their patients. When something preventable occurs in the medical setting, it can fall below the acceptable standard. A professional can help make sure that you have all the necessary types of evidence to help you get the compensation that you deserve. In addition, you may have the opportunity to get your medical expenses or medical treatment paid for.
3. Public liability claims
In some situations, your compensation claim could fall under the category of public liability. Here are some examples of accidents or personal injuries that would require a public liability law professional:
- Slipping and falling in public settings.
- Injury as the result of public structural failure.
- Getting sick from food or drink from a restaurant.
- An attack by an animal while in a public space.
Similar to other kinds of compensation claims, you are required to have acceptable evidence to prove you are entitled to a payout.
4. Motor vehicle and car accident claims
Another common compensation claim is injury as the result of a motor vehicle and car accident claims. A legal professional can help you determine your eligibility. Compensation can assist those affected obtain coverage for damages and losses that came as the result of another driver’s negligence. There are a few different types of injury that will inform your compensation amount:
- Total body impairment.
- Non-minor injury.
- Minor injury.
How to file a claim
The process for each kind of compensation claim can differ, but in most cases, there are similar steps that need to be followed. If something is missed, depending on the circumstances, the claim could be thrown out by the court. This is why it’s so important to have a legal professional who can guide you through the process. This includes gathering evidence to prove that negligence or liability has occurred. In addition, there are timelines to adhere to which vary depending on the location of the case.
Get further with a lawyer
When seeking compensation through a legal claim — whether that be for economic loss, injury or another reason — you can begin to feel slightly overwhelmed. After all, not only are you dealing with the results of the accident, but you have to tackle this legal process as well. Luckily, there are legal professionals who can help you gather the right information on time and file a compensation claim correctly.
If you’re ready to embark on your compensation claim journey, reach out to the professionals at Gerard Malouf & Partners. We operate with a no-win no fee approach so you don’t have to pay a single thing until you win the compensation case. Contact our lawyers today to get started with legal action.
