Personal Injury Lawyer Colac
Personal Injury Lawyers serving Colac and surrounding areas.
Claven Burdess lawyers are personal injury lawyers who represent injured people in Colac and surrounding areas.
What is personal Injury law?
Personal injury Law concerned itself with an injured persons right to compensation resulting from injury, sickness or death.
It covers a number of scenarios in which someone might suffer damage. For example, at work, in a public place, in a motor vehicle accident or as a result of a criminal act of another person.
There are a number of different pieces of legislation in Victoria that relate to personal injury Law.
Depending upon the nature of the damage suffered by person, and injured person may be entitled to pursue compensation without having to prove that someone else was at fault.
In other cases however, a person must show that the damage was caused by someone else’s negligence in order to pursue compensation.
Some of the most common areas of personal injury that personal injury lawyers can assist with include:
- Injuries in the workplace
- Injuries that occur in motor vehicle accidents
- Injuries that occur in public
- Defective products/liability
- Diseases related to the exposure of asbestos
- Superannuation total and permanent disability claims
Injuries at work
If someone suffers an injury at work and wishes to obtain compensation for that injury, in most cases workCover will be involved.
WorkCover is a scheme that is set up by the government to compensate injured workers for any injuries that they may have suffered relating to their employment.
Compensable injuries under the WorkCover scheme can include
- A physical injury or condition or a psychological injury or condition.
- Aggravation of a pre-existing injury or condition
- A disease such as asbestosis, cancer or dermatitis.
- Deafness due to workplace noise exposure
Under the WorkCover system in Victoria there are two general parts.
The first part are ‘no fault entitlements’. This means that a person who suffers an injury at work is able to obtain compensation even if no one was at fault for the injury.
The second part is referred to as a common law claim. This is a lump sum claim that a person is able to pursue if they suffered an injury at work that was as a result of someone else’s negligence.
Motor vehicle accidents
In Victoria, if you were injured in a motor vehicle accident then is likely that the TAC will be required to compensate you.
As with under the WorkCover scheme, there are no fault entitlement as well as a potential entitlement to more damage as if the accident was caused by someone else’s negligence.
Injury suffered as a result of a criminal act
If you suffered injury or damage as a result of the criminal act of another person, in Victoria there are three main avenues open to you to obtain compensation.
The first option is via the victims of crime assistance tribunal. This is sometimes referred to as VOCAT.
If you are successful in a VOCAT application, any awards are paid for by the state government.
VOCAT is able to pay lump sum’s to people that have been the victim of a crime, ranging from $100-$10,000 in addition to expenses that are related to the act of violence itself or any related expenses that may assist recovery.
The second option that is open to people that have been the victim of a crime is a Wrongs act application and the third option is a Sentencing act application.
If you are successful in either of these applications, awards are payable by the actual offender rather than the state government.
Public and occupiers liability
If you were injured in a public place or on private or public premises then if you can prove that another party is at fault for any injury that you suffered, you may be able to be compensated.
In order to bring a claim, you need to reach a certain level of severity in relation to your injuries as assessed by specialist doctors. If you are not able to reach the relevant threshold, then what you claim is limited to medical expenses, loss of earnings and any out-of-pocket expenses.
If as a consequence of a faulty or defective product someone suffers an injury, they are able to bring a claim against the manufacturer of the product or the retailer of the product.
Total and permanent disability claims
If you are not able to work due to incapacity, in certain circumstances a person is able to pursue a lump sum claim under their superannuation called a total and permanent disability claim.
The lump sum claim does not depend upon how much a person has in their superannuation account. People will usually have a certain level of total and permanent disability insurance for their insurance fund.
Likewise, people may be able to pursue income protection benefits if they are not able to work as a consequence of incapacity.
Personal injury lawyers assist people who have suffered injury or damage.
The majority of personal injury matters do require a lawyer however in some circumstances you are able to pursue your own matter. However even in those circumstances, it is better to engage a lawyer to ensure that you obtain the best outcome possible.
In Victoria there are hurdles to obtaining compensation, and as such you would be best assisted by having a lawyer who can help you navigate the relevant system.
Personal injury lawyer Colac, Claven Burdess.
If you need advice in relation to a personal injury matter in Colac or surrounding areas, please feel free to get in contact with us. We are able to provide a free initial case assessment and advice.
In addition to this we are also able to provide no-win no fee representation.