There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
What can I claim for?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of incomePast and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of
assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court
Can I recover my mounting medical and rehabilitation bills up front or do I need to wait until the end of the claim?
If the insurer admits liability (which it often does) at an early stage, we can ask the insurer to reimburse you for those expenses before the claim is finalised. Each request will be looked at on a case by case basis by the insurer. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date.
How long will the claim take?
This depends on the severity of your injuries and the circumstances of your accident.
As a rule of thumb, we arrange for you to be examined by our preferred medical specialist at 9 to 12 months after the accident. That medical specialist is asked to answer a number of important questions including how severe your injuries are and what is the likelihood that those injuries will have an impact on your ability to work in the future.
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 12 months and 2 years from the date of the accident.
If there is something peculiar about your case or it is more complicated, it could take longer.
I want to bring a claim for damages as a result of the medical negligence- but is there any other body I can complain to about the poor medical treatment I have received
Yes. You can make a complaint to the Health Quality and Complaints Commission.
If I bring a claim against the doctor or hospital at fault, do they have to pay?
No, the doctor or hospital will have an insurer. The claim will be handled by that insurer and the damages will be paid out by that insurer.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
What can I claim for?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of
assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance