Slip Accident Injuries

 

A large number of people are required to attend upon doctors and rehabilitation providers due to injuries suffered in slip and falls.

 

The physical, emotional and financial impact of injuries caused by such accidents is crippling for many injured people and their families.

 

Your personal injury lawyer at Macquarie Legal has the experience and knowledge required to guide you through the claims process and ensure you receive the compensation to which you are entitled.

 

Am I Able to Claim?

 

You may be able to make a claim for compensation if:

 

1.       You were injured in an accident; or

2.       A relative was fatally injured and you were financially dependent on them.

 

To make a claim, you must be able to establish that another party (other than you) was at least in part at fault.

 

If the incident took place in Queensland it will be necessary to contact the relevant public liability insurer. Your personal injury lawyer at Macquarie Legal is able to make these enquiries on your behalf.

 

What if I am Partly at Fault?

 

If you were partly at fault for the accident, or you were partly responsible for your injuries, you are still able to make a claim. Examples of circumstances where you may be partly at fault and which may result in a reduction of your award of damages include:

 

• not obeying signage.

• being under the influence of alcohol.

• moving at an unsafe speed or not keeping a proper lookout.

 

How do I make a Claim?

 

The first thing you'll need to do is contact your personal injury lawyer at Macquarie Legal.

 

We can the assist you in filling out a Notice of Claim form. This form is required to be completed by any person seeking to make a claim in Queensland under the Personal Injury Proceedings Act 2003.

 

You, or someone on your behalf in the event you are under eighteen or cannot complete the document due to your injuries, need to complete the form as soon as possible due to the strict time limits that apply to such claims in Queensland.

 

What can I Claim?

 

You may be entitled to claim:

 

• reasonable and necessary hospital, medical and rehabilitation expenses

• an allowance towards any lost capacity to earn an income

• future treatment expenses

• an allowance for any pain and suffering and inconvenience experienced by you as a result of your injuries (including an allowance for any ongoing disability)

• travelling expenses

• an allowance for any homecare services you may require as a result of your injuries

 

What Happens in the Event of a Fatality?

 

If you are a relative or dependent of a person who was fatally injured as a result of a motor vehicle accident and were financially dependent on that person, you may be able to claim compensation.

 

This entitlement also includes an ability to claim the reasonable cost of funeral expenses.

 

If you are unsure, contact your personal injury lawyer at Macquarie Legal to review the matter.

 

Is there a Time Limit to Make a Claim?

 

Time limits do apply, depending on your age and situation. In the event that the time limits are not followed, you can be barred from bringing a claim.

 

It is recommended that you seek legal advice with respect to these matters as soon as possible.

 

• A Notice of Claim form must be lodged with the relevant party within the earlier of one (1) month from consulting a lawyer or nine (9) months from the date of the accident.

• If you have not lodged your claim within 3 years from the date you first became aware of your injury, (generally this is the date of accident) you may be legally barred from pursuing a claim.

• If you have not settled your claim within 3 years from when you first became aware of your injury you must ensure that Court proceedings are commenced to preserve your claim.

• If you are under 18 years of age at the time you first became aware of your injuries, different limitation periods will apply depending on your age.

• Claims for financial dependency, as a result of the death of a person upon which you were financially dependent, must be lodged within 3 years of the date of death.

 

Our website contains a brief summary of the information relating to the various limitation periods but is by no means exhaustive. It is recommended that you seek legal advice as soon as possible. Simply complete the ‘Getting Started’ e-form on this page or visit or phone your personal injury lawyer at Macquarie Legal.

 

Liability

 

Your personal injury lawyer at Macquarie Legal will investigate the accident to establish the circumstances of the incident and establish the party that was at fault. This may involve the appointment of an investigator to obtain statements from the people involved in the incident and any witnesses to the accident.

 

At the same time that we are conducting our enquiries, the insurer will be conducting their own investigations. On completion of the investigations, we will write to you advising whether liability for your claim has been accepted or denied. If liability is not accepted or only partly accepted we will advise you of the reasons provided for the decision by the insurer.

 

Prior to the insurer completing its investigations it is possible for the insurer to allow your claim to proceed on a without prejudice and without admission of liability basis. In this way, the insurer may proceed as in any other claim and can still consider making payments on your behalf for medical and other expenses incurred.

 

Who Pays My Accounts?

 

You are liable for the payment of all accounts until such time as a claim against the relevant party is established. The insurer will however make payments when:

 

• liability has been accepted or agreed; and

• treatment is reasonable; and

• your injuries are directly related to your motor vehicle accident.

 

Although the insurer will also consider reimbursement of accounts paid by you, such payment is not guaranteed. Original accounts and/or receipts should be sent your personal injury lawyer at Macquarie Legal, but you should keep a record of all treatment dates and a copy of any accounts and receipts.

 

Unlike in motor vehicle claims, services provided by public hospitals are not covered by any agreement between the insurers and the hospitals. You will generally be billed for hospital care in Queensland if it relates to injuries you have sustained in a public liability accident.

 

If liability for your claim is denied, you are responsible for your expenses. You may be able to claim part, or all, of your expenses from Medicare or your private health insurer.

 

To ensure you are given the best opportunity to recover and losses or expenses suffered as a result of the injuries from your motor vehicle accident, please complete the e-form on this page or contact your personal injury lawyer at Macquarie Legal.