Compensation & Insurance: Personal Injury - Guides
Personal Injury
5. Making a Claim
Firm / Chambers:
Last updated: 13 Aug 2015
- When making a claim you need to check the relevant legislation in your state or territory as the claims process is different in each jurisdiction. It will also vary for each different claim type. The steps described in this guide provide general instruction on what to expect when making a personal injury claim.
- Once the accident occurs you must start making notes of accident details and injury details such as:
- the date, time and place where the accident occurred;
- whether there were any witnesses, who these were and their contact details;
- what were the specific circumstances of your accident and how did it happen;
- what you were wearing at the time such as shoes or other protective clothing;
- what you were doing at the time and whether you were being careful;
- details of all the injuries that were sustained or that you noticed at the time of the accident no matter how minor;
- whether you reported the accident and to whom was it reported; and
- details of all medical visits to a doctor, ambulance or hospital following the injury.
- This information will be needed when you lodge your claim. It is best to keep written notes as our memories are not always accurate. Sometimes we forget relevant details as time goes on. A diary is a good idea as it keeps your notes in chronological order.
- As soon as possible after the accident you must report the accident to a relevant authority. The authority depends on where and how you were injured. For example specific claim authorities include:
- the police;
- a paramedic or ambulance;
- any incident response teams that attend at the accident scene;
- the owner or occupier of a shopping facility;
- an employer; or
- a hospital where you were receiving medical care.
- An incident report should be completed by the relevant authority or person who attends at the accident scene. You should ask for a copy of this incident report.
- It is important that you identify where or how the accident occurred. For example if you were at work or were involved in a motor vehicle accident you need to specify this on any incident report as this will determine what type of personal injury claim you can make.
- If you have sustained a serious injury or one that has had lasting effects on you then you should visit a hospital, your GP or a specialist to be medically evaluate and treated.
- If you need time off work your doctor can provide you with a medical certificate. Keeping records of impacts such as this are important when it comes time to prove your claim and to calculate the appropriate award of compensation. You should keep track of the way your life has changed since the accident such as medical appointments, treatment and time off work. A diary is a convenient way to do this.
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