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NSW Car Accident - Do I Have a Personal Injury Case?

Discussion in 'Personal Injury Law Forum' started by Ryshia Gomm, 1 February 2016.

  1. Ryshia Gomm

    Ryshia Gomm Member

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    Hi,

    I am after some help with a car accident I recently had.

    I was the driver of the car, and a motorbike hit me. The guy has serious injuries. I have fractured ribs. I was not at fault.

    I am now suffering from this. Not only the ribs, but not sleeping for fear of seeing him, but constantly crying in the day, due to it being all I can think about. I can't drive, even just the thought of it gives me panic attacks. Mentally, I'm not dealing with it at all.

    My children don't understand what is going on with me being upset so much, and not being able to do much with them because of the pain.

    I have been told by quite a few people now that I should seek some sort of compensation claim.

    Do I have a personal injury case?

    Thank you
     
  2. Sophea

    Sophea Well-Known Member

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    I would speak with a personal injury lawyer about this. Whether or not you have a claim depends on all the facts and circumstances of your particular matter and many PI lawyers provide a free consultation and can tell you whether or not you have a claim. It is against their professional code of conduct to encourage you to pursue a case if there is no reasonable prospects of you winning.

    If you are considering filing a claim, do not delay in seeing a lawyer. Strict time limitations apply to the filing of personal injury claims - and these vary from state to state, it may be too late if you wait.
     
  3. Serge Gorval

    Serge Gorval Well-Known Member

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    You seem to have a good case under CTP but you must act promptly!

    Please tell you saw a Dr soon after and made a report to the police.
     
  4. JS79

    JS79 Well-Known Member

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    First off - make sure you have reported the accident online - crashonline and state that you have personal injuries.

    Then you either - fill out a notice of intention to claim form and then see a lawyer later or go see a personal injury lawyer to have them handle the claim for you.


    See https://lawanswers.wufoo.com/forms/get-connected-with-the-right-lawyer-for-you to be connected to a local personal injury lawyer.
     
  5. Yevgeni

    Yevgeni Well-Known Member

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    Hi Ryshia,

    I am a lawyer who specialises in personal injury including MVA claims.

    My opinion would be to pursue the claim as it sounds like you have serious in physical and psychological injuries, which already had and may have further significant impact on you in the future.

    The claim process in matters when the accident was caused as a result of the fault of another driver is relatively straight forward, and I am more than happy to explain it to you at no obligation free of charge if your would like more information.

    You should also be aware that a personal injury claim form must be lodged within 6 moths of the date of the accident in NSW, but if you have not done so you should be proactive about it and lodges it as there is a way to get around it if you are out of time.
     

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