$500,000 Settlement Following Nerve Damage From Varicose Veins Treatment
Case Overview Our client presented to a vascular surgeon, seeking treatment of her varicose veins in her right leg. Following the surgeon’s recommendation, our client
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The immediate aftermath of a motor vehicle accident can be tense and frightening, with everyone focused on the safety of themselves and the other participants. While at the accident scene, after calling the authorities and taking security precautions such as turning on hazard lights to warn away other drivers, you should make sure to note the details about the incident.
Relevant details in NSW include the licence plate number of the vehicle you believe to be most at fault for the incident occurring. This is true even if you think your car was the one most responsible. In this case, you use your own licence plate number when using the state government’s insurer connection tool, CTP Connect. Police may be able to assist you in finding a licence plate number if you did not take it down at the time.
Exchanging insurance information with the other participants in the car accident is important. The NSW Police note that insurers are responsible for many of the activities that follow a collision, such as determining fault and assessing potential compensation. After this exchange, it’s good practice to leave the site as quickly as possible for safety reasons. Lingering near the road puts you at risk of suffering more harm.
After safely leaving the site and having your vehicle towed, it’s time to take action based on the level of damage and injury incurred. This includes filing claims for potential compensation for your injuries, physical or psychological. Furthermore, you can also make a workers’ compensation claim if you were on the job at the time of the car accident.
While it’s important to file your claim as early as possible after a vehicle accident has taken place, there may be mitigating factors stopping you. For instance, if your injuries were severe, recuperation time may have to elapse before you are capable of making the claim. It’s important to remember that there are time limits, however.
Auto accident compensation is governed at the state level in Australia. In New South Wales, the body to deal with is the NSW State Insurance Regulatory Authority. There are several types of damages you can claim, based on fault in the accident and the amount of harm you suffered in the incident. The current system was reformed at the end of 2017 and applies to accidents that have happened on or after December 1, 2017. There are separate rules governing older accidents.
There are different deadlines for the various types of claims you can make, each of which is governed by the type of injury or loss incurred. You should keep these deadlines in mind, while also making a point of filing as quickly as you can. Though the deadlines typically have exceptions, you will have to furnish explanations as to why you did not file the claim on time.
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Since state insurance bodies are the ones responsible for motor vehicle accidents, there are different rules governing the process outside of NSW. For example, you have six years from the date of an accident to file a common law support claim in Victoria without citing extenuating circumstances, while the time since the accident also impacts which medical services are eligible for compensation without a specific request in that state.
In Canberra and the ACT, the rules differ again. You have 30 days from the incident to apply for early treatment expenses of up to $5,000, then three months (for Nominal Defendants) or nine months (for a CTP insurer) from either the accident or the onset of symptoms to seek longer-term or higher-value personal injury compensation.
While the dates and details regarding plans are handled on a state-by-state basis, the general rule remains the same: You should make your claim as soon as possible to ensure you receive maximum compensation for the pain and suffering caused by a motor vehicle accident, as well as any lost wages, or the devastation caused by the death of a loved one.
While the laws around car accident compensation claims are designed to be relatively straightforward, there is always a chance that the insurance company will contest your request for damages. Furthermore, in cases such as seeking lump-sum compensation for permanent impairment, there are unavoidable complexities to proving how seriously you have been affected by the incident and how much money you should therefore receive.
When a case reaches a contested stage, wherein the court system must step in to determine whether your claim should be paid, you will be glad you have an experienced solicitor on your side to give you support and advice through the whole process. With an in-depth knowledge of every aspect of the accident compensation claim process, the experts at Gerard Malouf & Partners Car Accident Lawyers are key allies in your efforts to receive fair compensation following an accident.
To start the process or simply to receive free preliminary advice, call us on 1800 004 878 or email your enquiry today.
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