Claim Advice

Claiming Loss of Earnings (LOE) Benefits: Who is Eligible?

A motor vehicle accident is an unpleasant experience, especially if you have sustained serious injuries or trauma. You may be rendered incapable of working for a period of time which can result in financial loss.

No win no fee lawyers Brisbane and Australia wide provide guidance and take you through the steps for successful compensation. Read on to learn more if you are interested in claiming loss of earnings.

Who is at Fault?

Before claiming loss of earnings it is important to determine who is at fault. If you have been injured in a motor vehicle incident caused by another driver which has resulted in a loss of earnings, you may put forward a claim.

If you were partially or completely at fault, you also may be eligible to receive loss of earnings after a car accident. However, you will receive less compensation than if you had not been at fault. Be sure to collect police statements and accident details to give the court an accurate idea of who was at fault.

Who is the Injured Party?

If you have been seriously injured due to another driver’s negligence then claiming loss of earnings is your right. If you have suffered the death of a close relative and a financial loss as a result, but have not been injured yourself, you may be able to put forward a personal injury claim.

Personal Injury Claim

Claiming loss of earnings falls under a personal injury claim. A personal injury claim can entitle you to compensation for medical bills, medications and lost wages. It is split into two types of damages; general and special. Loss of earnings resulting from a motor vehicle accident is special damages.

A personal injury claim can be a confusing process. There are many components involved in making sure your claim is successful. Consulting with a legal professional will assist you in getting the best possible outcome.

wheelchair during recuperation

Eligibility

Are you wondering what makes you eligible to receive loss of earnings after a car accident? A reliable method to determine this is by checking if you fall under one or more of the following points:

  • You have lost your job or income due to another person’s negligence
  • You have medical documentation which can support your claim
  • Your motor vehicle accident occurred within the past six months

If you are unsure if you fit the criteria for a personal injury claim, ask your lawyer for advice. Motor vehicle accidents are difficult on all parties and it is important to know your rights. This will ensure that you are given the correct compensation for your troubles.

Supporting Documents

Your eligibility will be increased if you can provide documents that prove your motor vehicle accident had a substantial impact on your income. For those employed by a business, this can usually take the form of payslips dating back a few months to show an accurate representation of your regular income.

For self-employed individuals, you may need to contact your accountant to collect invoices, contracts and bills. Any documents that prove that your absence is causing a loss to your business will be useful. Records which date as far back as three years will assist in calculating an accurate net loss to your business.

Filing Your Claim

If you are interested in pursuing a personal injury claim, you will need to make sure a Notice Accident Form is lodged in the appropriate time frame for your circumstances:

  • Within 3 months if the motor vehicle cannot be identified
  • Within 9 months of the motor vehicle accident or, at first sign of symptoms from resulting injuries
  • Within 1 month of consulting with a personal injury attorney

The court may grant you an extension if you have a valid reason for not filing it sooner. For example, if you were unable to obtain legal advice immediately due to physical or psychological harm sustained, you may have valid grounds for an extension.

Gather all of the supporting documentation you need in advance. Consult with your legal professional to ensure you have not forgotten any key information. This will give you the best chance of making a successful personal injury claim.

Settlement Time

A personal injury claim can be a long process. You could find yourself waiting 12-18 months until the courts reach a settlement. The process is further prolonged if you have ongoing consequences of your injuries. Generally, the courts will wait for your medical status to stabilise before they reach a decision.

 

If you have been involved in a motor vehicle accident and would like to make a personal injury claim, contact Schreuders today. As no win no fee lawyers Brisbane and Australia wide, we use our wealth of experience and knowledge to help you make a successful personal injury claim.

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