Motor Vehicle Accident Claims
How can I receive compensation for being involved in a motor vehicle accident?
In South Australia, motor vehicle accident cases hinge on the concept of negligence. It is essential to prove that a driver's negligent actions caused the accident, and that you sustained an identifiable injury as a result. This negligence can result from actions such as speeding, running a red light, or driving while impaired.
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What compensation is available to me?
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Depending on the circumstances of your case, you may be entitled to various forms of compensation, such as:
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Non-economic loss, often described as compensation for pain and suffering;
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Medical expenses incurred in the past and to be incurred in the future;
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Loss of earning capacity if your ability to earn income is affected by the injuries you sustained as a result of the collision;
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Past and future gratuitous services.
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How long do I have to lodge a claim if I have been injured as a result of a motor vehicle accident?
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It is absolutely crucial to be aware of the time limits associated with motor vehicle accident claims in South Australia. You have up to three years from the date of the accident to institute proceedings in Court. It is recommended that you lodge a claim with the relevant CTP insurer within 6 months of the date of the injury to ensure that your rights are protected.
Workers Compensation Claims
What is workers' compensation?
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Workers' compensation is a vital aspect of South Australia's employment landscape. It is a system designed to provide financial assistance and support to workers who suffer injuries during the course of their employment.
What could I be entitled to?
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Depending on the circumstances of the injury, injured workers may have specific rights and entitlements under the Return to Work Act 2014 (SA), such as:
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Medical Benefits: You may have the right to receive necessary medical treatment, fully covered by your employer's workers' compensation insurance, such as surgery.
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Income Support: If your injury results in an incapacity for work (totally or partially), you may be entitled to income support benefits to cover your lost income.
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Vocational Rehabilitation: In some cases, you may be eligible for vocational training or rehabilitation to help you return to the workforce.
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How long do I have to lodge a workers compensation claim?
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It is crucial to be aware of the time limits associated with workers compensation claims in South Australia. It is recommended that a claim is lodged as soon as possible. Time limits do vary depending on the circumstances of the matter, and it is important that you seek legal advice as soon as possible to discuss your entitlements.
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Medical Negligence Claims
What is medical negligence, and how can I prove it?
Medical negligence occurs when a healthcare provider breaches their duty of care owing to you. In South Australia, individuals who have suffered harm due to medical negligence may have legal recourse to seek compensation for their injuries. To establish a case of medical negligence in South Australia, you typically need to prove various elements, such as:
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Duty of Care: The healthcare provider owed you a duty of care, meaning they had a responsibility to provide you with competent and professional medical treatment.
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Breach of Duty: The healthcare provider breached their duty of care by failing to meet the standard expected of them. This breach of duty could include errors in diagnosis, surgical mistakes, medication errors, or other negligent actions.
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Causation: The breach of duty directly caused or significantly contributed to your injuries or harm. You must establish a clear link between the healthcare provider's actions and the harm suffered.
What compensation is available to me?
Depending on the circumstances of your case, you may be entitled to various forms of compensation, including:
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Non-economic loss, often described as compensation for pain and suffering;
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Medical expenses incurred in the past and to be incurred in the future resulting from the negligence;
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Loss of earning capacity if your ability to earn income is affected by the injuries you sustained as a result of the incident;
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Past and future gratuitous services.
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How long do I have to lodge a claim?
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It is crucial to be aware of the time limits associated with medical negligence claims in South Australia. Generally, you have up to three years from the date of the incident to file a claim in Court. However, seeking legal advice as soon as possible is recommended as time limits may vary in limited circumstances.
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Public Liability Claims
What is a public liability claim?
Public liability refers to an individual's or an entity's legal responsibility for injuries, damages, or losses suffered by individuals on their premises or as a result of their activities. Some examples of such matters include slipping and falling in a public place, sporting accidents, health and fitness injuries, aviation accidents and potentially dog or animal attacks. In South Australia, public liability cases are governed by various laws, including the Civil Liability Act 1936 and other common law principles.
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What compensation is available to me if I have been injured in a public place?
Depending on the circumstances of your case, and assuming that you are successful in demonstrating that the individual and/or entity was negligent, you may be entitled to various forms of compensation, including:
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Non-economic loss, often described as damages for pain and suffering;
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Medical expenses incurred in the past and likely to be incurred in the future;
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Loss of earning capacity if your ability to earn income is affected by the injuries you sustained as a result of the incident;
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Past and future gratuitous services.
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How long do I have to lodge a claim?
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It is crucial to be aware of the time limits associated with public liability claims in South Australia. Generally, you have up to three years from the date of the incident to file a personal injury claim. However, seeking legal advice as soon as possible is recommended as time limits may vary in limited circumstances.
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Superannuation Total & Permanent Disablement (TPD) Claims
What is a total and permanent disablement (TPD) claim?
Total and Permanent Disablement (TPD) is a form of insurance offered within some superannuation funds. It provides financial support to individuals who, due to illness or injury, are unable to work in their current occupation or occupation for which they are suited by education, training, or experience (dependent on the wording of the relevant policy).
Could I be eligible to receive a TPD lump sum through my superannuation fund?
To be eligible for a TPD compensation payout, you typically need to meet the following criteria, which depends on the relevant criteria included in your superannuation policy:
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Policy Coverage: You must have TPD insurance as part of your superannuation policy.
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Medical Evidence: You must provide medical evidence that proves you suffer from a condition that renders you totally and permanently disabled under the policy. The definition of "total and permanent disablement" varies between superannuation policies. It is essential to understand how your policy defines TPD to determine your eligibility.
How can we help with a superannuation claim?
Navigating the complexities of TPD claims can be challenging. We can:
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Obtain and review your superannuation policy, medical records, and other relevant documentation to assess your eligibility.
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Prepare a thorough TPD claim to maximise your chances of success.
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Negotiate with your superannuation fund to secure the benefits you deserve, according to your instructions.
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If necessary, we will guide you through the appeals process to seek the compensation you are entitled to.
Contact Us
(08) 7081 7557
Personal Injury Lawyers Adelaide