Personal Injuries

How do I make a claim?

If you have suffered an injury or are suffering from an illness you may be entitled to claim compensation. Understanding how to make a claim for compensation is challenging, which is why we are here to help. ­­­­­­

To ensure you know all of your rights to make a compensation claim it is important to speak with a personal injury lawyer as soon as you can. We offer all of our clients an obligation free assessment, where we sit down with them and assess their case to see if we can assist them with their claim.

We offer no win, no fee payment arrangements for our personal injury clients. This means that if your claim is unsuccessful, you do not have to pay our fees. If you do have a claim, we can take care of everything for you from start to finish.

CONTACT FERRALL & CO.

Car Crash injuries

If you are injured in a car crash you may be entitled to make a claim for compensation against the Compulsory Third Party (CTP) insurer of the vehicle that caused your injuries. We understand that an injury resulting from a car or motor vehicle accident can be life-changing.

If the car accident wasn’t your fault you are likely to be able to claim compensation to cover your loss of income, your medical costs, and other out-of-pocket expenses. Motor vehicles include cars, trucks, motorbikes (including quad bikes), and buses.

Whether you were a passenger, driver, cyclist or pedestrian, it is important to find out what your rights are after an accident.

If you’ve been involved in a car accident and have sustained an injury, you should be able to make a Compulsory Third Party (CTP) insurance claim.

You’ll need to:

  • report the incident to the police – we can help you do this;
  • find out who the insurer is for the ‘at fault’ vehicle and submit a Notice of Accident Claim Form – there are time limits that apply so you should get legal advice as soon as you have been involved in an accident so that you know your rights; and
  • get a medical certificate from your doctor detailing your injuries – you should see your doctor as soon as you have been involved in an accident to ensure you get the right medical care as well as having the injuries noted on file.

If you would like more information or would like to make an appointment for an obligation-free assessment of your claim, please call our office. We understand that you may not be able to travel due to your injuries and offer a home visit service where one of our solicitors will come to you to discuss your claim.

Work injuries

If you have sustained an injury while at work, you have the right to claim statutory benefits which is compensation for your time off work and your reasonable and necessary medical expenses associated with the injury, and in some cases, you may be able to claim common law damages.

Damages claims are made when your injury has been caused by the negligence of your employer, whether that be an act or a failure to act, resulting in your injury. Damages claims compensate an injured worker for pain and suffering, loss of income, medical costs and other out-of-pocket expenses.

Claims can also be made for injuries suffered on the way to work, on your lunch break or when receiving treatment for a different work injury. Each injury is different as is the circumstance that caused the injury, this makes it very important to obtain legal advice as soon as you can after sustaining an injury at work.

If you would like more information or would like to make an appointment for an obligation-free assessment of your claim, please call our office. We understand that you may not be able to travel due to your injuries and offer a home visit service where one of our solicitors will come to you to discuss your claim.

Public liability claims

Public liability or public place claims cover many different circumstances which include injury and death caused by someone else’s negligence. Public places include parks, beaches, footpaths and shopping centres.

What is public liability law?

Public liability law is the law that maintains that people have the right to be safe when they’re in a public place. Public liability law covers many different circumstances where someone is injured or dies because of the actions or inactions of another person.

Anyone who allows others to enter their property owes them a ‘duty of care’ to take care of their safety. This covers privately and publicly owned spaces such as sporting fields, parks, gardens and footpaths, as well as public, commercial and retail property.

Anyone who is found to be responsible or has been part of the cause of the injury could be held liable for the loss from the injuries. Businesses and others who occupy property (other than residents) are required to carry public liability insurance, so compensation claims are mostly made against insurance companies.

Compensation may cover medical costs (including future costs); lost income; pain, suffering and lost enjoyment of life; and home help and attendant care.

If you have sustained an injury, in a public place, we invite you to contact our office for an obligation free assessment of your case. We understand that you may not be able to travel due to your injuries and offer a home visit service where one of our solicitors will come to you to discuss your claim.

Medical Negligence and Malpractice Claims

You should be able to trust your medical provider to look after you properly. If they don’t, and you suffer an injury due to their malpractice, you may be entitled to make a medical negligence claim against them.

A medical provider includes hospitals, doctors, nurses, assistants, lab personnel, dentists, pharmacists or allied health professionals.

Medical negligence—or medical malpractice—happens when treatment falls below an acceptable standard. Doctors must exercise reasonable care, skill and judgement when examining, diagnosing, treating and advising their patients, this is their ‘duty of care’ to their patients. If they breach that duty, they may be liable for the damage they have caused and you may be able to claim compensation for the loss you have experienced because of the damage.

Medicine is a complicated practice and providers aren’t expected to be perfect. Sometimes medical treatment is unsuccessful and injuries occur, but that doesn’t necessarily mean there has been any negligence. Negligent treatment is more than a reasonable mishap or mistake, and may involve:

  • making an existing condition worse;
  • misdiagnosis or failure to diagnose a condition;
  • failure to provide the appropriate treatment or referral;
  • a delay in diagnosis or providing the appropriate treatment or referral;
  • failure to perform surgery or provide post-operative care with reasonable care and skill;
  • incorrectly reporting on test results; or
  • failure during a surgical procedure.

Generally, you are entitled to claim compensation if you have suffered physical, psychological or financial harm as a result of negligent treatment.

You may also be able to claim for a wrongful death that has arisen from medical negligence or medical malpractice if the death is someone you were financially reliant upon.

Time limits do apply and they are often strictly enforced. In most cases, you need to take legal action within three years of the injury, or within six years for a child. These timeframes may be different depending on your specific circumstances, this is why we always recommend for people to obtain legal advice as soon as possible.

Aircraft injuries

If you or someone in your family has been injured by an aircraft or in an aircraft accident, you may be able to claim compensation.

The injuries sustained and their severity will depend on what damages are claimable. You may be able to claim such things as immediate and future pain and suffering, lost income, other financial losses (including superannuation), medical expenses and impairment benefits.

You may be able to claim dependency damages if someone in your family has died in an aircraft accident. This will usually depend on whether you were financially reliant on them.

The circumstances of your particular matter will determine which organisation is liable to you for the damages claimable. Some of the organisations could be the aircraft operator, manufacturer or maintenance engineer; the airport corporation or other airport site operator; or another agency, such as the Civil Aviation Safety Authority.

We can guide you through the complexities of aviation law and airline accident compensation, especially if domestic and international laws apply. Australia has a two-year time limit to make a claim for commercial flight accidents. We recommend filing your claim as soon as you’re able—preferably within a year of the accident.

Super payout or insurance benefits

Injury or illness can be frustrating and financially challenging, especially when unable to work. Your superannuation can be claimed when you retire and under some special circumstances, including when you are unable to work due to an injury or illness.

If you’re unable to work due to an illness, injury or disability, you may be able to claim a lump sum insurance payout from your superannuation fund. You may also be entitled to access your superannuation account balance.

Your illness or injury does not have to be work related for you to be entitled to early access of your superannuation balance or to claim your other insurance entitlements under your superannuation.

What are your insurance entitlements?

Superannuation insurance entitlements are additional benefits attached to your superannuation policy, which include total and permanent disability (TPD) benefits, income protection benefits, terminal illness benefits, and death benefits.

“We recently required legal advice and representation and were lucky enough to find Rowena Ferrall. She stepped us through a system we were unfamiliar within a clear, calm, and patient manner. We received our expected outcome and are pleased we chose this process as it reduced stress on our family. It was fantastic to have all the paperwork managed for us and each step explained along the way. Having representation in court on the day and knowing all relevant documents were lodged made for a successful outcome. Thank you for your guidance and calm, professional attitude.” – Andy and Ben.