Personal injury is a broad term used to describe physical or psychological injury sustained by somebody, usually due to the fault of another person or entity. Personal injury can result in significant harm to an individual, including pain and suffering, loss of amenities, loss of expectation of life, medical costs, and financial loss.

Injuries can happen almost anywhere – in a motor vehicle accident, at the supermarket, while riding a bicycle, at work, on public or private property, or when consuming a product (such as food or medications) or using a service (such as hospitals or medical professionals). They can also occur through the intentional harm caused by another, or through the unwarranted brutality of police.

Where the personal injury was caused by the neglect or carelessness of another person or organisation, you may have rights to claim compensation from them or their insurer. Compensation is designed to assist a person to recover from their injuries by reimbursing expenses, providing medical services and care, replacing lost income and/or awarding monetary sums.

If you have sustained personal injury, it can be confusing trying to work out whether you are entitled to compensation and how to make a claim. Different circumstances resulting in injury fall under different laws, so it is important to obtain legal advice quickly.

Our Law Compensation Services

Our personal injury lawyers in Adelaide have specialised experience in the following areas:

• Motor vehicle accidents (MVAs)
• Medical negligence
• Wrongful acts causing death
• Workcover claims including ‘Return to Work SA’ and Comcare
• Slips and falls including occupier’s and public liability
• Total and Permanent Disablement Claims (TPD claims)
• Victims of crime and police brutality

Public liability claims

In South Australia, a ‘public place’ can be described as an area or property open to the public at large or to a category of people. Public liability claims may include claims arising from slips or falls in shopping centres and walkways, injuries sustained due to faulty equipment or in playgrounds, and dog attacks.

Examples of ‘public places’ include shopping centres, car parks, sporting fields owned by local councils and playgrounds. Many people do not realise that public places can also include privately owned premises for patronage such as cafes, restaurants, and clubs.

If you have sustained an injury at a place such as those described, you may be entitled to lodge a public liability claim.

Claiming personal injury for your child

If you are a parent or guardian of an injured child, you can claim compensation on your child’s behalf. As children do not have legal capacity to make a claim themselves, they require a person to act in their best interests and manage the claim for them. This person is known as their litigation guardian.

If your child has been injured due to the negligence of a third party, you can start proceedings on his or her behalf. This includes injuries received by your child due to the negligence of a doctor, hospital, or other medical and health providers.

Claiming personal injury compensation for a child works in a similar way to claiming compensation for an adult. You should report your child’s injury as soon as possible, whether that be to their school, a childcare centre or recreational facility.

Personal injury settlements for a child must be sanctioned by a Court or the Public Trustee. The settlement will only be approved if it is considered beneficial to the child. If approved, the compensation awarded can be paid to either the Public Trustee or a private trust for investment on behalf of the child. The compensation money will be paid out to the child once they turn 18.

Workers Compensation

If you sustained a workplace injury, you should notify your employer as soon as you can and provide them with a WorkCover Certificate of Capacity which certifies you unfit or partially unfit for work. Your entitlement to compensation begins on the first day you are assessed by a doctor.

You should then complete a claim form which you can do online through the Return to Work SA website. Once you have lodged a workers compensation claim and your employer’s insurer accepts liability, the insurer must start making relevant payments for weekly benefits and medical expenses as soon as possible.

If you believe your injury is insignificant and not worth claiming, you should still report it and, perhaps seek legal advice. Sometimes seemingly innocuous injuries can worsen over time leaving a person with significant loss.

Occupational Overuse Syndrome

Occupational Overuse Syndrome (OOS) has generally replaced the term ‘Repetitive Strain Injury’ (RSI) although the terms are still used interchangeably. The significant difference between RSI and OOS is that OOS takes into account the role of psychosocial factors in the cause of an injury and how this injury should be treated.

If you have received an OOS injury due to your employment or your employment has worsened your OOS symptoms, you may be able to claim compensation.

Motor vehicle accident claims

When you pay your car registration, a percentage of this goes towards Compulsory Third Party (CTP) Insurance. This insurance covers road users in the event of an injury and is used to compensate road accident victims.

If you have been injured in a motor vehicle accident that was someone else’s fault, you may be entitled to claim compensation. If the vehicle involved in causing your injury cannot be identified or is not registered, you may still make a claim.

Even if your injuries are minor, you should seek medical treatment. Some injuries may not cause significant pain immediately, however all symptoms should be noted on your medical record to help avoid disputes with an insurer about the cause of your injury. If you wish to pursue a CTP insurance claim for a motor vehicle accident injury, we suggest obtaining legal advice to ensure your rights are protected.

We are recognised for promoting the rights of injured people and have represented clients across a range of jurisdictions including the Magistrates Court, District and Supreme Courts of South Australia, the SA Employment Tribunal, and Administrative Appeals Tribunal.

Speak to Our Personal Injury Lawyers in Adelaide Today

Our personal injury lawyers in Adelaide are knowledgeable and compassionate and will handle your claim with care and professionalism. Our advice is transparent, and we keep open lines of communication to ensure you are informed throughout your matter and that you achieve fair compensation for your loss.

If you need assistance, contact one of our lawyers at [email protected] or call 08 8155 5322 for expert legal advice.