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4 “Unwinnable” Compensation Claims That You Can Actually Win

Victims of accidents can often feel that despite their injuries, they aren’t entitled or able to make a claim for compensation. Or, if they did make a claim, they would be on the losing end of a case that seems virtually unwinnable. However, when it comes to taking legal action for personal injuries, many people may be surprised at how many types of cases they can claim for. 

Consulting a lawyer will be your best bet to know the chances of how your case will turn out. However, if you have recently experienced an accident, you might not know that you have a chance at making a claim. To help reduce the confusion that sometimes accompanies this scenario, we have compiled a list of key instances where you may be able to have a claim, even when the odds seem to be against you.

1 – Injuries That Happened Whilst You Were Intoxicated

If you were injured whilst you were intoxicated, it does not mean you are unable to make a claim. However, it may mean that the amount you can claim gets reduced by a proportion.

Section 48 of the Civil Liability Act 2003 (Qld) sets out a presumption that the intoxicated person contributed to the accident to the degree of 25% (or greater) however you are able to dispute this amount.

For example, if you have a compensation claim worth $100,000, but you were intoxicated and were not able to rebut the presumption that your intoxication contributed to your accident or injuries to the tune of 25%, your claim will be worth only $75,000 (i.e. $100,000 less 25%).

2 – Pedestrians Who Were Injured Not Using the Designated Crossing Zone

You may think that if you were injured by crossing the road somewhere other than the designated crossing zone (such as at the lights, or a zebra crossing), there would be no way you will be able to seek compensation for an incident like this. However, there are many factors that may affect liability (i.e. who’s at fault) in this situation. For example:

  • Was the pedestrian wearing dark clothing at night?
  • Was the pedestrian intoxicated?
  • How much time did the driver have to react to the pedestrian crossing the road?

Even if the pedestrian does not use the designated area for crossing, motorists are supposed to be ready for anything that may happen while they are on the road. This includes giving way to any people who suddenly decide to cross the road. 

Depending on the specific circumstances of the accident, you may still be able to file a claim for damages.

3 – When a Person Is Attacked by an Animal

If a person has sustained injuries or was bitten by a dog (or other animal), they may be able to sue the owner of the dog for negligence, seeking damages associated with infection, unsightly scarring, and psychological trauma. This is possible even if the dog escaped their enclosure or residence and bit the person somewhere other than the owner’s property.

Many times, the animal owner’s Home and Contents Insurance policy contains insurance cover for public liability (which includes if their animal bites or causes injury to someone). However not all policies contain this protection.

This type of claim may be supported by the fact that the dog or animal owner knew that their dog tends to bite and/or did not take the necessary precautions to prevent such an occurrence from happening (such as tying the dog up, keeping it inside, or keeping it secure in their premises with proper fencing).

4 – People Injured in Car Accidents Who Cannot Identify the Other Vehicle

If you are a pedestrian or the driver of a car where someone in another vehicle has caused an accident resulting in a personal injury to you, in Queensland, you can still make a claim for compensation.

In Queensland there is a government body established under the Motor Accident Insurance Act 1994 for the purpose of compensating people who are injured as a result of the negligent driving of unidentified and/or uninsured (no CTP insurance) motor vehicles. 

This body is known as The Nominal Defendant. The Nominal Defendant is taken to be a licensed insurer and is charged with defending claims, which in effect, allows victims of hit and runs to claim compensation. The Nominal Defendant operation is funded by a levy within everybody’s CTP premiums. You probably don’t even know you’re paying it.

Read more about our client who was a victim of a hit and run.

What If My Case Does Not Fall Under These Circumstances?

If you have a one-of-a-kind case, where you or someone you care about was injured and want to know if you’re eligible to file a winning compensation claim, it is in your best interest to contact a lawyer as soon as possible. Personal injury lawyers are often able to provide you with free initial advice about your claim’s prospects and may offer to take your case on.

Even if your case seems unwinnable or has complicated factors, consulting a lawyer will help put everything into perspective. Many cases start out where the client thinks it would be impossible to even file a claim, let alone win a case however, a good personal injury lawyer will know how to navigate the issues. If you feel that you have been wronged, pass on all the information to a lawyer and let them assess the situation.

Conclusion

Being the victim of an accident is stressful. On top of worrying about how to recover from the injuries you sustained, or how you will continue to pay your rent or mortgage with no income, you may also ponder whether its possible to make a claim. If you were involved in an accident and want to find out if you can claim and recover the expenses you incurred and income you’ve lost as a consequence, consulting a lawyer is the best solution for you. 

If you are looking for free legal advice after a complicated accident, give us a call Roche Legal. We have expert compensation lawyers who offer a better than “No Win No Fee” service in Brisbane. Contact us today and find out if you can make a claim!

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About the Author:

This post was authored by one of the Solicitors at ROCHE Legal. Should you have any questions, please contact our office.
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