Car accidents affect many people each year. If you are a victim of a motor vehicle accident resulting in back or neck injuries that require surgery, you should consider seeking compensation. It is important that you take the necessary legal actions as soon as possible so that you do not waste time in making your claim.
Compensation payouts can be especially helpful when serious car accident injuries have been sustained to help improve your quality of life after an accident. Read on to learn more about seeking compensation for back or neck injuries from a car accident.
Personal Injury Claims
Motor vehicle accident compensation can be pursued through a personal injury claim. Personal injury claims cover a wide range of compensation claims and involve proving that an individual has caused you injury or harm as a result of their negligent actions or failure to act reasonably.
Who Pays For Car Accident Compensation?
Cars in Australia have compulsory third party insurance (CTP). When you make a motor vehicle accident claim, the claim is made against the insurer of the negligent driver. Although, if you are at fault, and have also been injured resulting in medical expenses and other bills, you may claim against your own insurer.
Back and Neck Injuries
Motor vehicle injuries to your neck and back are usually classified traumatic injuries and are considered some of the most severe cases. Depending on the seriousness of your injury, you may have to undergo surgery and rehabilitation for an extensive period of time before you achieve recovery (if possible).
Some cases can involve temporary or permanent damage to your motor or sensory functions. It is encouraged that you pursue a compensation claim if you sustain serious car accident injuries that require surgery.
When Do You Make A Personal Injury Claim?
For back or neck injuries from a car accident, you must wait until you injuries stabilise before you begin a motor vehicle accident claim. This is to prevent you from under settling in case your injuries worsen in the long-term.
You should, however, consult with compensation lawyers as soon as you are well enough to do so. There are strict time limits for making a car accident compensation claim, so you must act quickly. You must usually act within the expected time frame from when your injury stabilises.
You may be granted exemptions for certain circumstances but this is rare so don’t count on it. The best way to avoid being blindsided by time restrictions is to consult with a legal representative.
What Will Your Compensation Cover?
Your compensation payout will be calculated based on the severity of your injury and how it has affected you financially, physically and psychologically. Serious car accident injuries that require surgery have a number of associated medical expenses which can put a financial burden on the victim.
It is important to keep a record of all the medical expenses incurred from your injury so that you can be appropriately compensated. You may be compensated for:
- Medical expenses
- Loss of earnings
- Cost of home alterations and care
- Physical suffering and psychological trauma
Any rehabilitation that you must undergo (e.g. physiotherapy) will be covered under your medical expenses. Be sure you keep records of medication that you buy relating to your injury.
When Will You Receive Your Compensation?
An average claim can take 12-18 months to resolve. Making a claim for serious car accident injuries is more complex and can take longer, especially when factoring in the time it takes to have your injury stabilise.
It is important to consult with compensation lawyers so that you have a good idea of what to expect. Good car accident injury compensation lawyers will be able to tell you your likelihood of success, as well as the process that your claim will take.
How Much Will A Claim Cost?
Paying costly legal fees upfront can be difficult especially when you have suffered a physical injury that has most likely affected your income. For this reason, many experienced law firms offer a no win, no fee guarantee so that every person is able to receive legal representation regardless of the financial standing.
Legal fees are usually decided upon when the case has come to a conclusion, and are dependent on whether the case is successful or not. Usually, if your case is successful, you will pay the full amount of legal fees which can be covered by your compensation. If it is unsuccessful, you may have to pay a small portion of legal fees.
If you have suffered serious motor vehicle injuries and are interested in pursuing a motor vehicle accident claim, contact Schreuders. Our no win no fee lawyers can provide you with a free consultation to discuss your case.