Mitchell Herlihy, Senior Associate at Lifestyle Injury Lawyers, discusses the main points surrounding Personal Injury Lawsuits in Australia. He examines what constitutes these lawsuits, how long an individual has to file to suit and more.
If you reside in Australia, you are probably aware that accidents are prevalent. Life has had so many tragedies, and we know it, yet we still have to go through them. There are several things to do following a car accident. One of the most important is filing a claim.
In such a situation, understanding the statute of limitations and how it pertains to your possible lawsuit is critical.
If you’re starting to wonder, what a “statute of limitations” is? , Read it.
A “statute of limitations” is merely legislation limiting the amount of time you have to launch a case. Every state has these regulations in place, with varying deadlines based on the type of lawsuit you wish to bring.
I hope you understand what the statute of limitations means? Assume you were hurt in a car accident or by malpractice in Australia. In some cases, the Australian government has imposed a time restriction in this statutory limitation, and you must register your claim within a particular timeframe.
HOW LONG DO I HAVE AFTER BEING INJURED TO FILE A LAWSUIT?
If you reside in Australia and are hurt in an accident caused by someone else’s carelessness, you only have a certain period to submit a personal injury claim. A personal injury case in Australia has a three-year limitation period.
WHAT DO YOU WANT TO GAIN FROM THE PERSONAL INJURY LITIGATION PROCESS?
Understanding the litigation process will be aided by knowing how long your injury case will last. Below is an in-depth look at each phase in the process and the factors that may impact how quickly personal injury cases develop.
MEDICAL MEDICAL ATTENTION :
Following a vehicle accident, you may be in much pain and will always require medical attention.
To recover from your injuries, you will constantly require medical aid. Following your recovery from your injury or improvement, you can proceed to the next stage, which is to contact an Injury Lawyers who can represent your case in court.
HIRING AN SOLICITOR:
Assume you’ve suffered a serious bodily injury in an accident, and your overall losses exceed the amount you can claim in claims court. In that scenario, you should consult with a solicitor as asap.
As mentioned earlier, Personal Injury Lawyers Gold Coast is the answer to the issue. They have a high level of knowledge in their cases and can resolve them promptly and positively.
They’ll go through the details of your case to see if it’s worth investigating and what type of compensation you’re looking at.
COLLECT EVIDENCE :
Collecting evidence after an automobile collision is a difficult task.
- You can collect recordings of police interviews with victims, witnesses, and defendants; images of suspected crime scenes and the persons engaged in the events in question; and documents, such as police personnel records, medical records about injuries, and criminal histories of witnesses.
SUBMISSION OF THE LAWSUIT
A civil suit does not begin until a complaint is filed with the court and paid the requisite filing fee. A summons is a legal document that informs a defendant that they are being sued. A complaint is a legal document containing information on your case’s facts. It describes their obligation and the amount of money you are requesting.
- The period for bringing a personal injury lawsuit varies by state, although it is generally between 1-3 years. An Injury Lawyers will determine if your claim fits within the time frame established by a state’s statute of limitations.
Once your solicitor has confirmed that your claim fits within that time frame, they can begin preparing a complaint to serve on the defendant.
PRETRIAL COURT MOTIONS:
A pretrial court motion requests that the court rule on particular matters in the case. Some pretrial motions take longer than others and may significantly influence the case’s development. Lawyers on both parties will often submit court papers on topics ranging from discovery to the correct venue for depositions. Filing a court motion might begin with a complaint and progress to trial.
ATTEMPT AT SETTLEMENT NEGOTIATION:
The majority of civil actions are resolved before going to trial. Settlement negotiations can be formalized through arbitration or mediation, or they might be informalized through a phone call. If you’ve filed a lawsuit against someone, your solicitor cannot accept or reject a settlement offer until you’ve received clearance from the person you’re using.
THE VEHICLE ACCIDENT TRIAL PROCEDURE :
An accident trial can last a few days or a few weeks. You and the at-fault party will submit evidence to a jury or judge. The defendant’s solicitor may cross-examine you and any eyewitnesses you present.
After the trial, all sides have the chance to deliver closing arguments.
If a panel is considering your case, the jury will decide. If a judge hears your case, they will make a ruling based on the facts given. The judge will enter a judgment after a verdict has been reached. You will be compensated if your lawsuit is successful.
When the trial is over, the judge or jury will determine who is blamed and how much money is owed. If either side disagrees with the ruling, they have 30 days to appeal. A new trial or settlement amount may be held if the appeal is successful. This figure includes taxes on personal injury lawsuit settlements.
If either side disagrees with the ruling, they have 30 days to appeal. A new trial or settlement amount may be convened if the appeal is accepted.
If you have been hurt and want assistance, please call Gold Coast Compensation Lawyers right away.
Mitchell is an experienced lawyer in personal injury law in both the Queensland and New South Wales jurisdictions. He is a Senior Associate and was admitted to the Supreme Court of Queensland in December 2012. Prior to joining Lifestyle Injury Law, Mitchell worked for a national legal practice and soon realised that bigger isn’t necessarily better. Consequently, he wanted to practice law differently, in particular to provide clients one on one expert legal help from start to finish of their compensation matter.
Mitchell has worked on a diverse array of claims including:
- claims for injuries arising from car accidents;
- accidents in public places (e.g. hotels, supermarkets, boat ramps and many more);
- defective products;
- slip and falls;
- death claims where people have lost a loved one through the fault of another;
- superannuation & TPD claims.
Mitchell has a strong reputation for achieving the best possible outcomes for his clients while making the process as stress free as possible for them. On a personal basis, he enjoys giving back to the community and is a dedicated volunteer lawyer at a local free legal clinic. You can speak with Mitchell via LinkedIn.