Have you ever found yourself wondering, “Do I really have a personal injury case?” It’s a question that can weigh heavily after an accident, especially when you’re facing pain, financial pressure, or a sense of injustice.
Personal injury claims can arise from hundreds, maybe even thousands, of different situations: traffic accidents, slips and falls, workplace injuries, medical negligence, and more. But here’s the truth most people don’t realise: not every accident qualifies for compensation. That’s why it’s crucial to understand whether your circumstances meet the legal criteria for a personal injury case.
In this guide, we’ll walk you through what actually constitutes a valid claim, so you can move forward with clarity and confidence.
What Qualifies as a Personal Injury Case in Australia?
Breach of Duty of Care in a Personal Injury Case
Breach of duty of care can be explained as causing an injury due to being negligent. For example, you breach your duty of care if you cause an accident and injure someone that could have been prevented if you were more responsible.
Breach of duty of care is applicable to public liability, medical negligence, workers compensation and motor vehicle accident claims.
Anyone, including a driver, motorist, property owner, factory manager, surgeon, or pharmacist can breach the duty of care.
To prove a breach of duty of care in your personal injury case, it must be shown that:
The other party owed you a duty of care.
That duty was breached through negligent or careless actions.
The breach directly caused your injury, either physically or psychologically.
You suffered measurable loss or harm as a result.
For example, in a motor vehicle accident claim, a driver who runs a red light and causes a crash has breached their duty of care. In a medical negligence case, a surgeon who fails to follow standard procedures and causes complications may also be liable.
Understanding whether a breach of duty of care has occurred is often the first step in determining if you have a valid personal injury case. This is why it’s crucial to seek advice from experienced personal injury lawyers who can assess your situation and guide you on the best path forward.
Physical and Psychological Damages in a Personal Injury Case
Personal injury claims can be made if you suffer a physical or psychological injury. Physical injuries can include back, leg, shoulder and brain injuries; psychological injuries can include PTSD, depression and bipolar disorder.
The nature of the accident and the type of the injury (being physical and psychological) are significantly important when it comes to evaluating a potential personal injury claim.
Physical and psychological injuries have different evaluation procedures and threshold levels. For example, you may be entitled to workers compensation or work injury damages (common law) compensation at the same time.
How Long Do You Have to Make a Personal Injury Claim in Australia?
Time limits are crucial to know whether you are eligible for making a personal injury claim or not; however,. You can find the personal injury claim time limits in NSW below:
| Claim type | Action | Time Limit |
|---|---|---|
| Motor Vehicle Injury Claims | • Reporting to the police • Claiming back pay for loss of earnings • Starting the claim • Starting a common law claim | • 28 days • 28 days • 3 months • 3 years |
| Workers Compensation Claims | • Reporting to the employer • Submit a claim form submission • Starting a common law claim | • ASAP • 6 months • 3 years |
| Public Liability Claims | • Starting the claim | • 3 years |
| Medical Negligence Claims | • Starting the claim | • 3 years |
Table 1: Personal injury claim time limits in NSW
How Do I Make a Personal Injury Claim?
Each claim has its own filing procedure. You can reach our experienced personal injury lawyers to get professional advice or access the relevant pages below to learn how to file your personal injury claim.
How Are Damages Calculated in Personal Injury Cases?
Your GP or another medical professional will assess your medical condition to calculate your whole person impairment rate which is generally correlated with the amount of your potential payout.
Psychological and physical are calculated separately and then added up to find the overall whole person impairment rate. If you have multiple unrelated injuries, your doctor will evaluate your body parts/systems separately to find out your final whole person impairment rate.
The whole person impairment rate, for work and motor accidents is one of the most important factors to understand the viability of your personal injury claim. How the injury occurred and the extent of your injuries are the most important factors for slip n fall and medical negligence claims. For TPD claims, whether or not you are capable of working due to your injury or condition and whether your policies contain TPD insurance is the most important factor.
How to Maximise Compensation in a Personal Injury Case
Personal injury benefits and/or settlements are generally awarded to cover your past and future loss, and it makes perfect sense to increase that amount as much as you can to protect any potential financial risk in the future.
If you don’t have a personal injury law background, making a positive impact on your personal injury claim might be hard since the law is complex and requires experience. However, you can help your personal injury lawyer by telling your honest story, keeping your expense documents, going to your medical assessments, and maintaining healthy communication with them. Your lawyer duty is to act in your best interests.
How Long Does a Personal Injury Case or Claim Take to Settle in Australia?
When it comes to settling a personal injury claim, the most important variable is the stabilisation of your medical condition.
On the other hand, it depends on your age, the type of the accident and the area of law that applies to the claim you pursue.
You should obtain legal advice from a law firm about your entitlement to pursue a settlement for a personal injury claim. A lawyer will be able to advise you how long the process may take in light of the individual circumstances of your injury.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Personal Injury Cases FAQs
Personal injury cases in Australia refer to legal disputes that arise when someone suffers harm, physically or psychologically, due to another person’s negligence. Common examples include motor vehicle accidents, workplace incidents, slips and falls, and medical negligence. These cases aim to provide compensation to the injured party for their losses.
No. It is illegal for an employer to fire or discriminate against you for making a workers’ compensation claim. If you believe you’ve been treated unfairly, legal action can be taken.
Personal injury cases are assessed based on several factors, including the severity of the injury, financial loss, pain and suffering, and future medical needs. Medical reports, wage loss documentation, and expert evidence are often required. Each case is unique, but the goal is to ensure fair compensation under Australian personal injury law.
The duration of personal injury cases can vary based on factors like injury severity, medical treatment, and legal complexity. For a free claim assessment and tailored advice on your personal injury claim, speak to our experienced personal injury lawyers today.
Our experienced personal injury lawyers handle a wide range of personal injury cases, including workers compensation, car accident claims, public liability, medical negligence, and catastrophic injuries. Each claim type involves different legal processes and eligibility requirements, so it’s important to deal with an experienced team of personal injury lawyers. Contact us today for a free claim assessment.
