1. Keep good records
It is important to keep good records relating to the injury and the financial losses that flow from this. Documents and/or records should be kept to show time off work as a result of the injury, and what out of pocket expenses have been incurred in treating the injury including medical expenses, pharmaceutical expenses, rehabilitation expenses, and travelling expenses. In some situations, the care provided by others can also be compensable, so it is important to keep a record of the care provided including the task undertaken on behalf of the injured person and the length of time this care was provided. It is important to keep these records to assist in maximising the damages payable under the claim.
2. Seek appropriate medical assistance early
It is important to seek medical assistance as early as possible after you suffer your injury. Early medical and rehabilitation intervention can provide an injured person with the best chance of recovery. Early medical treatment can also provide valuable evidence for an injured person to show the nature and extent of their injury, as well as proving the cause of the injury. An injured person also has a duty to comply with their treatment in an attempt to mitigate their loss.
3. Be mindful of time limits
It is important to be mindful of time limits associated with personal injuries claims. Different limitation periods apply to different injury claims in different jurisdictions. Generally speaking, in Queensland, under the Limitations of Actions Act 1974 an injured person must commence a claim in the Court within three years of the negligence causing the injury occurring or their right to claim can be lost forever. In certain circumstances, the limitation period can be extended. There may also pre-court steps to be carried out prior to an injured person being in a position to commence their claim in the Court, so it is important that you speak with an experienced personal injuries solicitor as early as possible to identify the claim and the limitation period.
