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Personal Injury / Compensation Law

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PERSONAL INJURY / COMPENSATION LAW

 

Ardent Lawyers' Principal Lawyer has previously worked some of in the largest compensation law firms in Australia. If we take on your case, we will represent you on a "no win no fee" basis because we are confident we will achieve an excellent outcome for you.

Whether you are located in Ulladulla, Nowra, or anywhere else in the Shoalhaven, we can assist you with the following types of compensation claims:


MOTOR VEHICLE ACCIDENT CLAIMS

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For injuries suffered through motor vehicle accidents which occurred on or after 1 December 2017, claims are divided into minor injury and major injury classifications. Lawyers are likely to only get involved if there is a dispute with the insurer in a minor injury claim or if there is a major injury claim available to you.

You can read more about the recent changes to our NSW motor vehicle accident compensation laws in our article and the website of the State Insurance Regulatory Authority (SIRA).

To lodge a claim, you need to complete an Application for Personal Injury Benefits form and lodge this form with the relevant insurer within 28 days of the accident.

If you have suffered a major injury from a motor vehicle accident, you may be entitled to claim additional compensation for your injuries (as well as your statutory benefits). The types of compensation you can claim will depend on the nature and seriousness of your injuries.

For an obligation FREE obligation free consultation to discuss your potential claim and its value, phone us on (02) 4444 6808.


PUBLIC LIABILITY/ PUBLIC PLACE CLAIMS, INCLUDING "SLIP AND FALL" OR "TRIP AND FALL" CLAIMS

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If you have suffered an injury in a public place, and believe it to be caused by the negligence of someone else, you may be eligible for compensation for your injuries.

Depending on the nature of the injury and your personal circumstances, you may be eligible for compensation for:

  • pain and suffering
  • wage loss
  • domestic care
  • treatment expenses
  • legal costs

If you are wondering whether you're eligible to make a compensation claim, ACT FAST to contact Ardent Lawyers to see we can assist you. The evidence you record after an incident is crucial. Have a read of our article about slip and falls so you can be informed about the types of evidence we will try to obtain to make your claim.

Time limits apply to making a public liability claim.

For an obligation FREE obligation free consultation to discuss your potential claim and its value, phone us on (02) 4444 6808.


TOTAL & PERMANENT DISABILITY CLAIMS (TPD - SUPERANNUATION CLAIMS)

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Total and Permanent Disability Claims are available to those injured persons who are incapacitated and cannot return to their usual line of work. This type of claim is only accessible if you have TPD insurance (which is normally paid from your superannuation fund).

Each TPD policy is different depending on which superannuation fund you are with.

Generally, to be eligible for a TPD claim you must:

  • show you have suffered an injury which prevents you from returning to your previous work type, or any other work which you may have been able to obtain (but for the injury) based on your education and training.
  • satisfy the general waiting period between your injury and making a claim (usually 6 months, but can be shorter depending on the type of injury and policy).
  • demonstrate your work history. Depending on the policy you must have been in your employment for a specified minimum period.

An excellent guide to eligibility can be found on the Finder website.

If you are eligible, you can made a TPD claim even if you also have a MVA, work injury or any other type of negligence claim.

For an obligation FREE obligation free consultation to discuss your potential claim and its value, phone us on (02) 4444 6808.


MEDICAL NEGLIGENCE CLAIMS

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If you have suffered an injury and you believe there may be a doctor or other medical specialist at fault, you may be eligible to make a medical negligence claim.

Despite the common belief, medical negligence claims are very common and doctors and surgeons make mistakes during procedures and surgeries which can cause irreparable damage to the innocent patient.

To be eligible to make a medical negligence claim, you must be able to prove that the doctor or medical provider acted in a way that was not widely accepted as common practice in Australia (and that act was the cause of your injury). This can be proven by obtaining an expert medical report from a reputable medical provider in the same or similar profession who can demonstrate this by way of their expertise and experience. This requirement is found in section 5O of the Civil Liability Act.

Depending on the nature of the injury and your personal circumstances, you may be eligible for compensation for:

  • pain and suffering
  • wage loss
  • domestic care
  • treatment expenses
  • legal costs

Time limits apply to making a medical negligence claim.

For an obligation FREE obligation free consultation to discuss your potential claim and its value, phone us on (02) 4444 6808.


DUST DISEASES CLAIMS

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If you have been exposed to asbestos by working with or around asbestos materials, lived in premises which has asbestos products or anything else, you may be eligible for compensation if you are diagnosed with:

  • Asbestosis
  • Asbestos related pleural diseases and pleural diseases
  • Mesothelioma
  • Asbestos related lung cancer

Once eligibility is confirmed, the claim will commence and can take up to 6 months to finalise. Urgent claims for those with terminal illness are processed faster.

A worker making a claim for dust disease can claim medical expenses and other benefits as well as making a common law claim. A worker claim is made through the Dust Diseases Authority of NSW ("DDA"). The common law claim is made through the Dust Diseases Tribunal of NSW ("DDT").

If you have been diagnosed with any of the above conditions, you may be eligible to claim.

For more information about the claim process and your entitlements, visit the icare website for workers entitlements. 

For an obligation FREE obligation free consultation to discuss your potential claim and its value, phone us on (02) 4444 6808.


WORK INJURY / WORKERS COMPENSATION CLAIMS

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If you have been injured at work, you may be eligible for a workers compensation claim. A workers compensation laim provides compensation for your weekly wages and medical expenses. When your injury stablises, you may be eligible to make a claim for lump sum compensation for pain and suffering.

If you receive a whole person impairment rating of 15% or more, and your injury was caused by the negligence of your employer, you may be eligible to make a further claim, known as a work injury damages ("WID") claim. A work injury damages claim entitles you to claim for past and future wage loss in a lump sum. This claim will conclude your weekly payments, if they are still being received at the time of settling your WID claim.

For more information about the workers compensation scheme and entitlements, you can visit the SIRA website. You can also read our article about lump sum claims.

For an obligation FREE obligation free consultation to discuss your potential claim and its value, phone us on (02) 4444 6808.