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What to know about injury compensation

Personal injury can come in many different ways, and the amount of compensation that you can get varies depending on the specific circumstances. When you are dealing with the aftermath of serious physical or mental injury, it can seem overwhelming to file a claim correctly. Here, we will break down some of the most common types of injury compensation and how you can file a claim in order to get the money that you deserve. Let’s get started.

What is injury compensation?

At its most basic level, if you were injured to no fault of your own in a drastic way, there is a chance that you can receive a payout. Here are some examples:

Medical negligence claims

Medical negligence occurs when a medical professional like a doctor, surgeon or nurse fails in their duty of providing reasonable care for their patients. If you were injured as a result of their negligent care or preventable mistake, then you could be eligible for compensation. Here are some common examples of medical negligence:

  • Medication errors, such as prescribing the wrong medication or an incorrect dosage.
  • Incorrectly performed operation or other procedure.
  • Misdiagnosis or failure to diagnose.
  • Failure to inform the patient.
  • Failure to warn about side effects or risks.

You will need to prove that you are truly a victim by submitting doctors’ notes, invoices and other receipts.

Public liability claims

Public liability is the responsibility of owners and occupants of public spaces to protect anyone who enters that area. This includes places such as sidewalks, restaurants, malls, retail stores and other public areas. 

For example, if you got sick from eating some spoiled food from a restaurant or food that you are allergic to, you could be eligible for personal injury public liability claims. 

Motor vehicle & car accident claims

This one is rather self-explanatory and occurs when you are injured because of a motor vehicle. If you can prove that you have been injured through no fault of your own, you could be entitled to a payout, even if you were partially at fault.

Workers compensation

If you have been injured while you were on the job, you may be eligible for workers’ compensation personal injury compensation. Physical harm is not the only way to become eligible. Other possibilities include:

  • Mental injury through work. 
  • Contracting a disease that recurred while working.
  • Deteriorating under work that exacerbates an existing disease or condition. 


In workers compensation, there are eight main compensation payment schemes that you can submit a claim through, which legal representation can help you with.

Superannuation and personal disability claims

Seek legal advice to understand if your injury qualifies as a total and permanent disability. If it does qualify, you may be able to get additional payment from your superannuation fund to make up for your loss of work. Some qualifying standards will look at whether you are unlikely to return to your normal job for a long time due to your injury.

Sexual assault and child abuse claims

Sexual abuse is a serious type of personal injury that deserves compensation, and legal representation can help you get what you deserve. Gerard Malouf & Partners also have experience representing those who have suffered from institutional child abuse and obtaining a payout. These are complex processes that can be made somewhat easier with the help of legal professionals.

Other types of personal injury

There are many types of personal injuries that may qualify you for some type of compensation. They can include: 

  • Product liability. 
  • Travel accident. 
  • Professional negligence. 

The world of personal injury compensation claims is broad and sometimes the claims process can be complex. This is why it’s critical to find a legal expert you can trust, like the compensation lawyers at Gerard Malouf & Partners.

How do I file for injury compensation?

The process of filing an injury compensation claim may seem complicated, especially if you haven’t ever had to deal with a situation like this before. Here are the basics to filing:

Report the injury

When it comes time to actually file a claim for injury compensation, the sooner you get started, the better. This means reporting the injury to a lawyer and the responsible party as soon as possible.

Lodge the claim

When you lodge the claim, make sure that it includes all information for your personal injury case. This includes receipts, proof of lost wages, medical bills and other proof. Your legal representation will advise you on what documents to gather.

Timelines to be aware of

There are different deadlines that you should know about so you can get the process finished before it’s too late. Each state has its own requirements. Let’s take a look at how they vary: 

  • NSW: 28 days to lodge a claim and up to three months to have the claim resolved in a payout.
  • South Australia and ACT: Three years to file a claim.
  • Victoria: Three years after the discovery of the injury or up to 12 years after the event.
  • Queensland: Nine months after the injury to file or one month after consulting a lawyer.

How much compensation do I qualify for?

Because personal injury compensation is so variable depending on the circumstances, the compensation and payout are also dependent on the situation and classification. Here are the types of personal injury compensation:

  • Future lost wages.
  • Permanent impairment or pain and suffering.
  • Medical and care expenses.
  • Time off because of an inability to work.

If you are interested in reading more about some of our successful personal injury legal cases, check out some of the real people who we have represented that have gotten the compensation they deserve. For example, we worked with a Sydney passenger who got into a terrible accident and was awarded $165,000 after seeking our assistance. 

Seeking legal advice

Injury compensation claims can be exceptionally difficult without a legal professional representing you. You’re far less likely to get an adequate payout without a lawyer. In order to make sure that your injury compensation claim is filed correctly, it could be helpful to work with a legal professional. The experts at Gerard Malouf & Partners have the experience you need on your side to get what you deserve. If you aren’t sure where to start, reach out to us today to learn more about how we can help you.

About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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