YOUR RIGHTS FOR PERSONAL INJURY COMPENSATION CLAIMS

Personal injury compensation laws vary from state to state. In most states, a victim of personal injury who can prove their injuries were caused by the negligence of another will be entitled to compensation for the following:

    • Pain and suffering (i.e. general damages or non-economic loss)
    • Medical expenses and other out-of-pocket expenses
    • Future medical expenses
    • Loss of income, past and future
    • Value of care provided to you on a voluntary basis by family or friends
    • The cost of commercial care
    • Special aids and equipment
    • Loss of superannuation benefits
    • Home modifications and transport modifications in major claims

Compensation is generally paid in a lump sum (a once-off payment), although in many cases, there is provision for insurers to make periodic payments, pay for medical expenses and even the cost of commercial care.

For motor vehicle accidents and workplace injuries, the insurer may be compelled to pay medical expenses and loss of earnings, as incurred, rather than at the end of a case.

Death Claims

Compensation is also available for the family members of someone who has been killed as a result of another person’s negligence. For example, if a family member suffers a psychiatric illness (i.e. nervous shock) as a result of the tragedy.

Compensation may also be available for family members financially dependent on the person killed, including compensation to cover that loss of dependency pursuant to Compensation to Relatives legislation.

If you have any questions regarding your rights or legal position, don’t hesitate to contact Stacks/Goudkamp today.