Personal injury claims can be incredibly frustrating. The legalese. The paperwork. The maddeningly lowball offers from insurance companies…
It’s no wonder most people throw in the towel too soon.
But what if you had a huge advantage in understanding how personal injury law really works? It’s enough to give you a leg up as a claimant in even the most complex of cases.
In this guide we break down everything you need to know to handle personal injury claims the right way.
In This Guide:
- Understanding personal injury claims
- Why legal representation matters
- The claims process explained
- Common mistakes that kill claims
- How to maximise compensation
Understanding Personal Injury Claims
The idea of personal injury law is simple. If you suffer damage as a result of someone else’s negligence you can make a claim to recover losses.
Accidents that can result in claims include car accidents, workplace injuries, medical malpractice, and slips/trips in public places.
The goal is simple. Fair compensation for your damages.
It is when we get into the “nuts and bolts” that things get complicated…
Different states have different laws and procedures. Time limits also vary, and each type of injury has its own legal pathway. Data from the Australian Institute of Health and Welfare show that fractures alone led to over 221,000 hospitalisations across Australia in 2023-24.
That is a lot of potential claims.
In the majority of cases, personal injury compensation covers:
- Medical expenses – hospitalisation, surgery, and ongoing treatment costs
- Lost income – wages and earnings that have been lost due to the injury
- Pain and suffering – the intangible impacts the injury has on your life
- Future losses – loss of earning capacity and any future ongoing treatment needs
The level and extent of injuries plays a large role in compensation amounts. A soft tissue injury might be worth tens of thousands. Catastrophic and permanent injuries such as spinal cord injuries, traumatic brain injuries, and paralysis can reach into the millions.
Why Legal Representation Matters
Here is the biggest mistake people make when it comes to personal injury claims…
Going it alone.
Insurance companies have a team of lawyers working 100% of their time to minimise the payout they have to make on a claim. They know the tricks of the trade and how the system works. Claimants fighting for themselves are like bringing a butter knife to a sword fight.
An experienced litigation lawyer specialising in personal injury claims has a solid knowledge of the legal framework and process. They also have the know-how to build the strongest case possible. This includes understanding which evidence is critical, which expert reports to commission, and how to approach negotiations with insurers.
Pretty critical stuff, right?
Legal representation provides the following value:
- Case evaluation – evaluating the claim and estimating potential value
- Evidence collection – medical records, witness statements, expert opinions, and more
- Negotiation leverage – dealing with insurers from a position of strength
- Court representation – if settlement cannot be reached
Statistically represented claimants tend to have higher settlement amounts than those who self-represent. The inherent complexity of personal injury litigation makes it a process where professional guidance is invaluable.
The Claims Process Explained
While each claim is different, the personal injury process is fairly uniform. It helps to know the typical steps to avoid unnecessary delays…
Step 1: Seek Medical Treatment
Sounds obvious, but medical records form the bedrock of any claim. They prove the injury occurred and establish its extent. Without medical evidence, there is no claim.
Step 2: Report The Incident
Whether it be at work, in a motor vehicle accident, or against a third party public liability insurer. Report it immediately. Incident reports form the official record of what occurred.
Step 3: Gather Evidence
Photos of the scene, contact details of witnesses, and any other information related to the incident. The more evidence that can be gathered early on, the stronger the claim.
Step 4: Lodge The Claim
Each type of claim has its own lodgement requirements and time limits. It is critical these are met. Safe Work Australia data show that serious workers compensation claims have increased by 34.5% over the last decade.
Step 5: Negotiate A Settlement
Most personal injury claims are settled before they reach court. The negotiations can take time and involve multiple exchanges between legal representatives and insurers. Patience is key.
Step 6: Court Proceedings (If Necessary)
Negotiations can break down and the matter needs to be settled by a judge (or jury in some cases). The judge assesses liability and then makes a determination of the appropriate compensation amount.
Common Mistakes That Kill Claims
A few errors can make or break a personal injury claim…
Waiting Too Long
Time limits in all jurisdictions are strict. In some cases, a claimant has mere months to act. Delays can also make evidence gathering more difficult, and memories fade.
Accepting Early Offers
Insurers love to make lowball, early settlement offers. The hope is that claimants will accept before they know the full value of their case. These early offers are almost always too low.
Posting On Social Media
Think everything online can and will be used against you. That selfie at the beach after claiming a back injury. Insurance investigators love social media.
Not Following Medical Advice
Failure to keep appointments, or not following medical advice. Giving the impression the injuries are not as serious as claimed.
Exaggerating Injuries
As with the previous point, honesty is critical. Inflated claims will be exposed and credibility will be shot.
How To Maximise Compensation
There are a few tricks of the trade to secure the best outcome possible…
Document Everything
Keep a diary of symptoms, pain levels, how the injuries are impacting on life, and keep all receipts related to medical expenses, travel, care costs, and so on.
Get Expert Medical Opinions
Independent medical assessments from relevant specialists carry a lot of weight. These third party medical reports can provide objective information on injury severity and future prognosis.
Be Patient
Waiting is difficult but sometimes necessary. Early settlement often means less money. Wait until the full extent of injuries are known before considering settlement.
Understand The Full Picture
When assessing compensation it is critical to understand ALL of the relevant impacts of the injury. Future losses and loss of earning capacity also matter.
Work With Experienced Lawyers
Personal injury litigation lawyers who specialise in these types of claims are used to valuing cases and have a good idea of how to handle negotiations with insurers. Their experience usually results in significantly higher settlements.
Wrapping It Up
Personal injury claims don’t have to be a frustrating, complex maze. With an understanding of how the process works and some tips on avoiding the common mistakes that claimants make, you are well on your way to securing the compensation you deserve.
So to recap quickly…
- Seek medical treatment as soon as possible, and keep a detailed record of everything
- Report the incident immediately
- Don’t accept the first offer from insurers
- Be honest, and follow medical advice
- Work with experienced personal injury lawyers
Personal injury claims are there to help make you whole again after you have suffered at the hands of someone else’s negligence. Taking the correct steps at the beginning will make all the difference to the outcome of your case.
