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      What is an accident claim?

      Accident claims, also known as ‘personal injury claims,’ are the most common cases we handle. They involve getting compensation from a person or organisation that has caused you harm, typically by proving they acted unsafely or negligently. However, there are situations where you can receive basic compensation for a work or road injury without proving negligence.

      The law surrounding accidents is not always straightforward, so we suggest speaking to a specialist lawyer before beginning a claim. In a free consultation, we’ll explain all your entitlements and how much you could receive.

      Do I have an accident claim?

      If you’re injured in an accident or because of someone else’s negligence, you may have an accident claim. Below, we discuss some of the most common.

      All registered Australian vehicles must have Compulsory Third Party (CTP) insurance, which allows you to claim compensation if you’re involved in a car accident. Your exact entitlements depend on the state you live in and the circumstances of your accident.

      In some states, you can claim basic compensation even if you were at-fault for the accident. In others, you’re only entitled to compensation if you can show that someone else’s carelessness caused the accident.

      Importantly, compensation isn’t just limited to drivers. Anyone injured on the road may be eligible to claim, including:

      • Car drivers or passengers.
      • Pedestrians, cyclists or motorcyclists.
      • Public transport accident victims.
      • Parents of injured children.
      • Witnesses to a death caused by a car accident.
      • People who lose family members in a car accident.

      To find out more, head to our guide to making a car accident claim.

      You may have a public liability claim if you’re injured in an accident on public, private or rental property. Crucially, you must be able to show that someone else’s negligence directly caused your injury.

      Some of the most common claims include:

      • Slips, trips and falls.
      • Injuries in shopping centres, gyms, hotels and other private property.
      • Recreational and sporting injuries.
      • Accidents on footpaths, parks and other public property.

      To find out what else you can claim for, check out our complete guide to public liability claims.

      You may have a workers compensation claim if you’re involved in a workplace accident or develop a condition because of work. It doesn’t matter:

      • How the accident happened or who was at fault.
      • Whether you work part-time, full-time or casual hours.
      • Whether you’re a subcontractor (in most cases).
      • If your injury is physical or psychological (e.g. depression, PTSD or stress).

      Check out our full workers compensation guide to learn more about making a claim.

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      Find out if you’re eligible for an accident claim today.

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      How much accident compensation can I get?

      The compensation you receive depends on various factors, including:

      • The type of claim you’re making.
      • The severity of your injuries and how the affect your life.
      • Your pre-injury income.
      • Your ability to work.
      • Your age.
      • The laws of the state where you reside.

      As an example, if you have minor injuries and only need a short time off work, you may receive weekly payments covering lost wages and medical expenses. But if you’re more severely injured and totally unable to work, you may be entitled to a significant lump sum payment.

      Below, we explain how compensation is calculated for the most common accident claims. To read more about accident compensation, check out our complete guide.

      After a car accident, there are two possible ways to claim compensation: a no-fault claim or a negligence claim.

      No-fault compensation

      In NSW, Victoria, Tasmania, the ACT and the Northern Territory, you’re entitled to make a no-fault car accident claim. This means you can get basic compensation no matter how the accident happened.

      Your compensation may cover:

      • Lost wages.
      • Professional care costs.
      • Medical expenses.
      • Home and vehicle modifications.
      • Legal costs (in some cases)
      • Superannuation (in some cases).

      If you’re in Queensland, South Australia or Western Australia, you cannot claim no-fault compensation. Instead, you must make a negligence claim to get compensation for a car accident.

      Negligence compensation

      In all states, you’re entitled to make a negligence claim if the accident was caused by someone else’s carelessness. Unlike basic no-fault compensation, a negligence claim can result in a substantial lump sum settlement.

      On top of the basic entitlements above, your compensation may cover:

      • Loss of life expectation.
      • Care from family and friends.
      • Loss of enjoyment of life (including psychological injury).
      • Pain and suffering.

      Loss of capacity to care for a child or other dependant.

      Your public liability claim may include compensation for:

      • Lost income and superannuation (both past and future).
      • Hospital and medical costs.
      • Professional care and support.
      • Care from family and friends.
      • Home or vehicle modifications.
      • Loss of ability to care for a child or other dependant.
      • Pain and suffering (the negative effect of the injury on your life).

      To learn more, head to our complete guide to public liability compensation.

      All people injured at (or because of) work can receive basic entitlements through a workers compensation claim. This includes:

      • Weekly payments to cover lost wages (up to 95% of your pre-injury income).
      • Hospital and medical expenses (including travel to and from treatment).
      • Counselling and support services.

      Since all state workers compensation schemes allow ‘no-fault’ claims, you can receive compensation no matter how the accident happened.

      Permanent impairment compensation

      If your injury causes long-term impairment, you may also be eligible for an additional lump sum payment. In states like NSW and Victoria, this typically requires meeting a minimum percentage of Whole Person Impairment (WPI). In other states like Queensland, there’s no set minimum percentage, but your compensation is based on the severity of your injury.

      Negligence claims

      You may have a negligence claim if your injury resulted from your employer’s carelessness or disregard for your safety. Unlike weekly workers compensation payments, a negligence claim can lead to significant compensation, often reaching hundreds of thousands or even millions of dollars.

      Each state sets its own maximum compensation limit. In NSW, for instance, you can claim up to $2 million. While in Victoria, the maximum is $2.4 million.

      To find out whether you’re eligible, head to our dedicated negligence claims page.

      Do I need a lawyer to make an accident claim?

      While you can make an accident claim on your own, we strongly suggest getting expert legal advice before starting. Accident law can be complex, and without an experienced lawyer, you may not get the compensation you deserve.

      A specialist accident lawyer can help with every aspect of your claim, including:

      1. Initial consultation: A lawyer will assess whether you have a claim, how much compensation you could receive, and your chances of success. At Monaco, we provide free consultations, making it easy to find out what you’re entitled to.
      2. Negotiations: Insurers have large legal teams, and facing them can be intimidating. With a lawyer on your side, you won’t have to deal directly with insurers. Your lawyer will handle all negotiations and work to get the best outcome at every stage of your claim.
      3. Delay: In our experience, insurers can be unfair to unrepresented claimants, often delaying or denying claims on unreasonable grounds. A skilled accident lawyer understands these tactics and knows how to counter them, so your claim is processed and approved faster.
      4. Medical evidence: Your lawyer will gather strong evidence to support your claim, including medical tests and expert reports. However, insurers often disregard this evidence and insist on tests conducted by their own doctors. Your lawyer will ensure you only undergo necessary tests and will challenge any medical evidence presented by the insurer.

      Your claim is risk-free with our No Win No Fee guarantee

      We cover every upfront cost, including medical assessments and expert evidence, and you pay nothing until we win your claim. If we’re unsuccessful, you won’t owe us a cent.

      Find out more about No Win No Fee

      How long do accident claims take?

      Every accident claim is different, so there’s no set time that a claim takes to resolve. Some are finalised in as little as three months, while extremely complex negligence cases can take a few years. As a general rule, most accident claims are resolved in 6 – 18 months.

      The exact amount of time will depend on several factors, including:

      • How severely you’re injured.
      • If your injury has ‘stabilised’, meaning it’s unlikely to change with time or further treatment.
      • Whether the other party or insurer accepts responsibility for the accident.
      • Whether the insurer is offering fair compensation for your injuries.
      • If your claim proceeds to court.

      How do I start my accident claim?

      Starting a personal injury claim may feel overwhelming, but these four steps will guide you through the process:

      1. Prioritise medical care: Following an accident, you should seek medical treatment for all injuries, regardless of their severity. This also ensures you have evidence documenting your injuries.
      2. Report the accident: It’s essential to report the accident to the appropriate authority. For instance, if the accident occurs at work, notify your employer; if it happens on the road, file a report with the police. Like your medical reports, these documents are crucial evidence for your claim.
      3. Gather evidence: Strong evidence is vital for personal injury claims. Collect medical reports, witness statements, and expert testimonies to showcase the impact of the injury on your life.
      4. Start your claim: For workers compensation claims, submit your claim to your state scheme. For no-fault car accident claims, file with your state’s CTP insurer.

      For public liability and other negligence-based claims, we recommend consulting a lawyer first. In a free consultation, we’ll outline your options and entitlements. If you decide to proceed with your claim, you’re covered by our genuine No Win No Fee guarantee.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Vanessa Azzi
      Senior Associate
      • English, Arabic
      • Motor Vehicle Accidents, Public Liability, Work Injury Damages
      View full bio
      Medea Hanna
      Senior Associate
      • English
      • Workers Compensation, Comcare, Dust Disease
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Meet more of the team

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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

      Google Posted by Debby McDonald
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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Monaco is the place to go for a lawyer that cares. You're in safe hands.

      They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      The bill? Surprisingly reasonable, less than expected.

      Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.

      Google Posted by Anthony Beak
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      I'm glad my friend recommended Monaco. I was happy with the result.

      Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.

      Google Posted by Chris Kay
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      Monaco's help reduced a 12-month process to just a few months.

      My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

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      Leon Monaco and team member

      How we can help you

      Working with Monaco gives your claim the greatest chance of success. We use proven legal strategies and our national network of experts to build a strong, evidence-based case. Accident claims rely heavily on evidence, and without quality expert testimony and medical reports, you may not get the compensation you deserve.

      We also have the experience to find your additional claims, including disability and income protection. Often, these claims are worth significantly more than your accident claim alone. This comprehensive approach ensures you get the maximum possible compensation for your injuries.

      Best of all, your claim is covered by our No Win No Fee guarantee, so there’s nothing to pay until we win your case. If we’re unsuccessful, you will never receive a bill from us.

      Call or email today for free advice on your accident claim. Our lawyers are always on standby to answer your questions.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

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      Monaco got a result when other lawyers couldn’t help. “You might not trust your solicitor, but I trust mine.”

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