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Each state and territory has its own laws that govern your right to personal injury / public liability compensation, and different types of accidents are covered by a range of laws.
An accident can happen on private or public property, up in the air or even in the sea. In order to make a personal injury claim negligence or a failure to take reasonable care for a person’s safety must generally be proved.
If you are an injured person and can show fault then you will be able to gain compensation for your loss of earnings and medical and related expenses - both future and past. It may also be possible to claim for the care that others have provided to you, or you have been unable to provide to others.
If you can also show that your injury is of sufficient seriousness you will be able to gain compensation for your pain and suffering. You can be compensated for a physical injury, psychological injury or for both.
As soon as possible after your accident occurs it is important for you to begin to collect evidence for your claim. Witness details and, if possible, photographs of where the accident occurred are vital.
As your public liability lawyers in Western Australia, we also gather evidence on your behalf - including medical material and details of any earnings lost, engage experts and assess your future needs. We communicate and negotiate with the other party and will look after all aspect of your claim to ensure you receive the best possible result.
There are strict time limits in place within which you must bring a claim. It is important that you seek independent legal advice at the earliest opportunity after your injury so that we can advise you about these limitation periods, the assessment process for claims in your state and to make sure your interests and rights are protected.
Additional lump sum benefit
Many superannuation funds provide coverage for a disability insurance benefit, often referred to as a Total Permanent Disability (TPD) benefit. This insurance cover, if provided under your superannuation, is a benefit additional to the contributions that you and/or your employer have made to your superannuation fund during the period of your membership. Most people are unaware or forget that this insurance cover is in place.
Depending on the terms of the insurance cover, a TPD benefit may be significant and may help ease the financial burden you face during the difficult times that follow a disability.
Generally it does not matter how your injury or illness came about; just that you are suffering from a total and permanent disability or illness. Many people on workers’ compensation, motor vehicle injury compensation or the Centrelink Disability Support Pension can claim as well as people who suffer an unexpected illness that prevents them from working.
Whether you can make a claim for a superannuation disability benefit will depend on a number of factors - particularly, whether this insurance cover is provided under your superannuation. If you suffer from any injury or illness that prevents you from working in your normal occupation and would like more information about how Slater and Gordon can help you, please contact us via the form on this page or by calling us.