Johnston Withers

Your guide to personal injury claims.

Published on Wednesday 17 July, 2019 by Tim Downie

Injury claims
Personal injury claim

Been hurt or suffered injuries because of someone else’s actions or negligence? This guide will teach you everything you need to know about personal injury claims.

What is a personal injury claim?

If you’ve been injured as a result of someone’s actions or negligence, you may be able to file a damages claim from the people or business responsible.

When most people think of personal injury claims, they mostly think of car accident injury claims and workplace injury claims, but those injured can be entitled to damages for asbestos injury claims, medical negligence claims, public liability claims and Super TPD claims, too.

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What can you claim for personal injury?

Workplace injury claims

If you've suffered injuries or illness due to work-related factors, you may be eligible for workers' compensation benefits as per the 2014 Return to Work Act (SA). This legislation covers income and medical expenses for both physical and psychological conditions if work is the main contributor to the injury.

If your workplace injury claim’s successful, you could receive weekly income support, essential medical treatment, and lump-sum benefits.

If you currently receive workers’ compensation under the Return to Work Act, the 2021 decision of Return to Work Corporation of South Australia v Summerfield [2021] SASCFC 17 may impact your entitlements to lump sum compensation under the Act.

Car accident injury claims

In South Australia, every time you pay your motor vehicle registration fee, you’re paying into the state’s compulsory insurance scheme.

If you're not entirely responsible for the accident, you could be entitled to car accident claims for medical expenses, lost income, and potentially a lump sum benefit due to your injuries.

Given the potential long-term effects of car accidents, getting the right legal advice and compensation is crucial – and you should act quickly.

Super TPD claims

If you’ve experienced a severe injury or illness that prevents you from working and medical advice suggests it's unlikely you'll return to work in your field of expertise, you could qualify for a lump sum payment from your superannuation fund through a total and permanent disability (TPD) claim.

Our TPD lawyers in Adelaide and regional South Australia can assist you in understanding eligibility, and guide you through the personal injury claims process for the financial support you need.

Medical negligence claims

If you've suffered harm, injury, or losses as a result of a healthcare professional's negligence, you may be eligible to pursue a medical negligence claim in SA.

Healthcare practitioners like doctors, nurses and dentists are responsible for ensuring their patients' safety and well-being, and if this responsibility is neglected and results in harm, the resulting injuries and damages can be severe.

This could range from a doctor failing to diagnose a condition due to inadequate examination or a medical procedure that goes wrong, causing injury.

Asbestos injury claims

Every year, hundreds of South Australians are impacted by asbestos-related health conditions.

Receiving a diagnosis of an asbestos-related condition can be distressing, and symptoms mightn’t manifest until years after exposure.

If you've been diagnosed with an illness linked to asbestos or dust exposure, you may be entitled to asbestos injury claims.

If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, it’s essential to speak to our specialised asbestos lawyer in SA to get the compensation you deserve.

Public liability claims

If you’ve suffered an injury on commercial or residential premises, it may be due to a failure to provide a safe environment.

Public liability claims are typically made against insurance companies for events such as slips and falls, rental accidents, physical assaults, water sports injuries and dog attacks.

Seeking legal assistance is vital. We'll help you lodge a claim and support you throughout the process of pursuing compensation for public liability.

What is the time limit for a personal injury claim?

Under section 36 of the South Australian Limitation of Actions Act 1936, an adult has three years from the date of the injury to make a personal injury claim. However, it is critical that you seek help from a personal injury solicitor to obtain advice that is specific to your claim for personal injury.

How to claim compensation for your work injury

Everyone is entitled to legal advice. That’s why we offer an obligation-free initial consultation with our team of caring, compassionate personal injury lawyers.

Personal injury claims on a No Win, No Fee basis

At Johnston Withers Lawyers, we offer a no win, no fee structure for our personal injury claims clients. Instead of struggling to pay monthly invoices and worry over legal bills, you can trust that any fees will be deferred until the matter has resolved, and are only payable if the matter resolves in your favour.

We have a reputation as legal lateral thinkers. While personal injury claims may be straightforward generally, specific strategies produce the best outcome. We look for innovative solutions to common problems to improve the likelihood of success.

You can avoid time pressure by seeking legal assistance sooner – when you don’t need to worry about fees, you can move faster towards getting the personal injury claim payouts you deserve.

We’re here to help

If you’d like to discuss personal injury claims, we’re here to help guide you through the process.

Our team of lawyers in SA have helped thousands of South Australians secure the compensation they deserve. When experience matters, we’re here to help you, too.

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The content of this article is intended to provide a general guide to the subject matter of personal injury claims. Specialist advice should be sought about your specific circumstances.

Tim Downie Johnston Withers Lawyers


Tim Downie

Practice leader: Personal injury

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