Leading causes of personal injury in New South Wales

by | NSW, Personal Injury

Unfortunately, personal injuries happen every day and in a variety of places. If you suffer an injury wholly or partly due to someone else’s negligence, this is often covered by personal injury law. You may be able to seek compensation for your injury.

We help people whose lives have been disrupted by an accident to get the compensation they need while they recover from their injury.

Here are some of the most common personal injury types and their causes.

 

Common types of personal injury claims

Motor vehicle accidents

If you’re injured in a motor vehicle accident caused by someone else – whether you’re a driver, passenger or pedestrian – you may be eligible to claim compensation for your injuries. This includes motorcyclists and cyclists.

Motorcyclists are often involved in accidents because they are more difficult for other road users to see. In fact, a motorcyclist is more likely to be involved in a motor vehicle accident than a car.

Cyclists are also more likely to be injured in a road accident, as they’re less protected than vehicle drivers. If you’re injured in a bicycle accident, you can make a claim against the at-fault driver’s compulsory third party insurance to get compensation for your injuries.

Medical negligence

Medical negligence refers to when a medical professional causes a patient injury or loss through a lack of reasonable care. This could occur in a hospital, GP clinic, aged care facility or anywhere else where you might get treatment from a medical specialist.

Medical professionals, or their hospital or medical practice, take out medical indemnity insurance to cover themselves against the risk of this type of event.

Workers compensation

While Australia has strong work health and safety laws that protect workers, workplace accidents do still occur. 

If you suffer a physical injury or mental harm due to your employment, you can make a claim for workers compensation payments to cover your lost earnings and medical treatment. 

Public liability

Accidents happen in public spaces every day, whether it’s the supermarket or an office building. When you suffer an injury on a business property due to the owner or occupier’s lack of care, you may be entitled to make a public liability claim. Organisations are required to hold public liability insurance for just this reason.

Local councils also hold public liability insurance to cover claims for accidents on public transport, in local parks and other council areas. If the council has been wholly or partially negligent in their duty of care, and you’ve been harmed as a result, you could make a claim for lost income and superannuation, medical fees and other expenses.

Top causes of personal injury in NSW

Now that you’ve read about the most common types of personal injury in New South Wales, what are the common causes of these claims?

Workers compensation

While every workplace has work health and safety obligations and legislation they must comply with, these work-related accidents are still common:

  • slips, trips and falls
  • repetitive strain
  • lifting, pulling, pushing objects incorrectly
  • being hit by moving objects
  • workplace bullying and harassment, pressure, poor working conditions, poor supervision
  • forklift and truck accidents.

Motor vehicle accidents

Drivers are expected to follow the road rules and have a duty of care to other drivers and road users. However, there are more people using the roads than ever and these vehicle accidents are common:

  • colliding with another vehicle
  • hitting property, like fences and buildings
  • colliding with pedestrians
  • opening a car door suddenly
  • cutting a driver off or not giving way 
  • driving in a bicycle lane
  • pulling out of a driveway without looking.

Medical negligence

In Australia, we have a high quality medical industry, and doctors, dentists, nurses and other health professionals with the highest skill and knowledge. However, sometimes they do breach their duty of care for patients and cause physical or mental harm. These are some common causes of injury:

  • procedures on incorrect body parts or person
  • medicine errors
  • lack of warnings about medicine side effects or risks
  • failure to diagnosis a condition
  • delays in providing test results
  • mistakes during births or pre-natal care
  • plastic or cosmetic surgery malpractice.

Public liability

With so many people out enjoying public spaces, it’s not surprising that accidents can and do happen. Common causes of public liability claims include:

  • slips, trips and falls in supermarkets and other outlets
  • playground and schoolyard injuries
  • sporting injuries
  • boating accidents
  • dog or other animal attacks
  • physical and sexual assaults.

Claiming personal injury for these specific causes

Each of these personal injury claims is different so they are assessed on a case-by-case basis. But, generally, to make a successful claim, you need to prove that:

  1. the negligent party breached their duty of care
  2. you suffered harm or loss
  3. the other party should’ve foreseen the risk of it happening
  4. the harm or loss occurred directly because of their negligence.

Note: workers compensation is a little different because it’s a no-fault system. If you suffer a work-related injury, you may be eligible to make a claim whether or not your employer was at fault.

However, you may sue your employer if can prove the injury was due to their negligence and you reach a certain threshold of injury. You may receive a lump sum that compensates you for all past and future economic loss you’ll suffer due to the injury. 

How can you protect yourself from these accidents? 

You should always take reasonable steps to prevent harm occurring. These means using the roads and public transport according to the law, following training and direction from supervisors at work, and following signage and direction in public places.

But unfortunately accidents still happen. This is where you need a legal professional in your corner.

How Main Lawyers can help

Multiple personal injury claims can be some of the most complex cases we see, so we always recommend getting legal advice. At Main Lawyers, we offer a free, no-obligation consultation so you can find out all your options.

Give us a call today to see how we can help!

Recent Articles

What to do in a car accident while driving in NSW

Unfortunately, motor vehicle accidents are extremely common in New South Wales. For that reason, NSW has strong laws to protect anyone who is hurt in a car accident in the state. If you’re injured in a car accident in NSW, you can claim benefits – whether you were...

Claiming workers compensation with pre-existing injuries

Workers compensation is insurance that businesses take out to cover them if workers suffer a workplace injury. It provides benefits such as lost wages and medical expenses, and even a lump sum payment for permanent impairment.  But it’s not as simple as it sounds. ...

Workers compensation for mental health in New South Wales

There’s no doubt that Australian workplaces are becoming more stressful. Everything is needed faster than ever and working from home has made many employees more accessible at all hours. This has increased the incidence of mental health issues in the workplace....

New South Wales workers Compensation – What you need to know

Getting injured on the job can have a major impact on your life. However, if the worst happens, you may be entitled to make a claim for compensation.  The workers compensation system in New South Wales has been through some changes in recent years – so it’s...

Steps to claiming personal injury compensation in New South Wales

A physical or psychological injury can come out of nowhere and have a devastating impact on your health and your ability to earn an income. In New South Wales, if this injury is caused by another person, you may be entitled to compensation for your loss. These are...

How self-driving cars will affect personal injury laws

While many technological developments are exciting, the law often struggles to keep up with their use. One such development is self-driving cars. We may not have driverless cars on Australian roads yet – but advancement is happening all the time. This brings up...

Time limits for personal injury claims in Queensland

If you’ve been injured as a result of someone’s negligence, you can make a compensation claim under personal injury law. However, you should act promptly as there are time limits (or statute of limitations) on personal injury claims. And different claim types have...

Compensation for lost earnings after a permanent disability

If you suffer a personal injury, such as a car accident or an accident at work, you may be eligible to claim compensation to cover lost earnings while you recover. But if you suffer a more serious physical or mental illness or injury, you may never fully recover or...

Factors that affect the value of your car accident claim

In Queensland, every car registration comes with CTP insurance. This protects you if you’re injured in a motor vehicle accident caused by someone else – whether you’re a driver, passenger, scooter rider or even pedestrian. If your relative or dependant has died in...

Why Settle A Personal Injury Claim Rather Than Go To Court?

In Australia, most personal injury claimed are settled without the need for a court. The legislation even encourages this, by requiring parties to attend a ‘compulsory conference’ to try to agree on a settlement before starting court proceedings. Is this the best...

SETTLEMENT CALCULATOR

SERVICES

h

ARTICLES

CONTACT