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      What is a serious injury claim?

      A serious injury can change your life in an instant, leaving you unable to work, care for your family, or manage daily activities. If you’re suffering from a severe or catastrophic injury, a serious injury claim can provide essential assistance.

      Serious injury claims differ from regular personal injury claims in many ways, including:

      Serious injury claims involve big, life-changing injuries like spinal damage, brain injuries, or amputations. Basically, any injuries that are likely to have long-lasting or permanent effects. Your lawyer needs to show exactly how these injuries have affected your life, covering not just the physical pain but also the emotional strain, financial impact, and effect on your family.

      Because of the profound impact on your life, serious injury claims often lead to substantial, multi-million-dollar payouts. To make sure you get the most compensation possible, your lawyer needs to really understand the medical details of your injury and how they translate into dollars and cents.

      They also need to provide solid evidence for every part of your claim, forcing the insurer to cover the full extent of your injuries. With so much compensation at stake, your lawyer needs to focus on every detail — as even the smallest things can make a big difference to your total payout.

      Serious injury claims are much more complex from the start. Your lawyer has to carefully plan every detail to make sure your claim is watertight. This means collecting extensive documentation to show just how severe your injury is and how it impacts your life.

      Unlike a regular injury claim, which might involve a couple of experts, a serious injury claim can require evidence from 15-20 experts in different fields. Your lawyer needs a solid background in both medicine and law to gather the strongest evidence for your claim. With over 25 years of experience in serious injury claims, we know exactly what’s needed and can tackle even the most complex cases with confidence.

      If you have a serious injury, it’s very likely you’re entitled to more than just a serious injury claim. That’s why you need a lawyer who thoroughly understands every type of personal injury claim and can dig into every possible way you could get compensation.

      For example, if your family is struggling with mental health conditions like depression because of your injury, they might be able to make a nervous shock claim. This covers not just the emotional impact of their situation, but also medical bills and any lost income if they’re unable to work.

      Start your free online claim check

      Find out if you’re eligible for a serious injury claim today.

      Check your claim nowIt only takes 2 minutes.

      Serious injuries you can claim for

      Serious injuries encompass a wide range of physical and psychological conditions, including:

      • Serious head injuries: such as concussions, skull fractures, brain injury and brain bleeds.
      • Spinal injuries: including paraplegia, quadriplegia, and fractured vertebrae.
      • Psychological injuries: severe conditions like Post-Traumatic Stress Disorder (PTSD), anxiety, and depression.
      • Burns: second and third-degree burns caused by fire, chemicals, or electricity, as well as respiratory burns from inhaling hot gases, smoke, or chemicals.
      • Amputation or loss of function: if a serious injury leads to the loss of a limb or its use. This also includes losing the use of a bodily function, such as a vision impairment, hearing loss or mobility issues.

      These are just a few examples of serious injuries you can claim compensation for. To find out if your injury qualifies for compensation, speak to our expert lawyers today.

      Types of serious injury claims

      For over 25 years, we’ve helped Australians make successful serious injury claims. Some of the most common claims include:

      If you’re dealing with a serious injury, reach out to us today. Our expert lawyers offer free consultations to assess whether you have a claim and how much compensation you could receive.

      How much compensation will I get?

      The compensation you receive for a serious injury claim is based on several factors, including the type of claim, your pre-injury income, work capacity, age, and the laws in your state.

      Depending on your situation, your compensation may cover:

      • Lost income: the income you’ve lost due to your injury, including superannuation.
      • Medical expenses: the cost of medical treatment and travel to appointments.

      If your injury resulted from someone else’s negligence, your compensation could also include:

      • Future income: compensation for lost future income, including superannuation.
      • Future medical expenses: the cost of ongoing medical treatment.
      • Pain and suffering: damages for the physical and emotional toll of your injury.
      • Care and support: professional care costs or assistance from family and friends, as well as compensation if you're unable to care for a dependent.
      • Modifications: any home or vehicle modifications required to accommodate your injury.
      • Travel: between your home and medical treatment, including the cost of bringing a support person if necessary.

      Due to the profound impact that serious injuries can have on your life, the majority of serious injury claims result in substantial lump sum settlements. For a more detailed estimate of how much you could receive, speak to our team today.

      Sam wins $10 million after negligent hospital treatment

      Sam, a healthy working father, suffered neurological impairment and quadriplegia due to improper treatment during surgery. This left him unable to speak, walk, or swallow. His wife became his full-time carer and could no longer work.

      To build Sam’s case, we compiled compelling medical evidence showing the hospital’s negligence during his surgery. We then filed his claim in the Supreme Court. Although the hospital contested the claims, we effectively countered each of their arguments. To avoid extensive court costs, we settled the case through mediation, securing a $10 million settlement for Sam and his family.

      Read Sam's full story

      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
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      How much will my claim cost?

      While the cost of your claim can vary based on its complexity and duration, our No Win No Fee guarantee ensures you’re always protected:

      • No financial risk: we cover all upfront costs, including expert evidence, medical tests, and legal fees. You won’t pay anything unless we win your claim.
      • Clear fees: we provide a complete breakdown of our fees before starting work.
      • Avoid court costs: most of our claims are resolved through mediation, saving you the time and expense of court proceedings.
      • Reduced legal fees: we generally recover our fees from the other party, so you keep more of your compensation.
      • 90-day trial: try our services risk-free for 90 days. If you cancel within this period, there’s nothing to pay.
      Find out more about our fees

      Injured at work? Your workers compensation claim is completely free

      In NSW, all workers compensation claims are funded by the Independent Review Office (IRO). This means that if your serious injury is work-related, we can help with your workers compensation claim for free.

      Learn more about how the IRO supports your claim

      Frequently asked questions

      Yes, strict time limits apply to all serious injury claims. The exact deadline depends on the type of claim you’re filing and the state you’re in.

      If you’ve missed a time limit, we can assist. Our experienced lawyers are well-versed in the exceptions to time limits in each state and can apply on your behalf. Over the years, we’ve successfully helped hundreds of clients get their delayed claims approved.

      Work injury claims

      You must report your serious injury to your employer as soon as possible. Depending on your state, you typically have between 6 to 12 months to file your workers compensation claim.

      For common law damages claims, time limits also vary by state. In some states, you need to begin court proceedings within three years of the injury. In others, you have three years from when you discover that your injury was caused by your employer’s negligence.

      Total and Permanent Disability claims

      You need to submit your TPD claim within the time limit specified in your policy. While some policies may not set a specific limit, others include a ‘prejudice clause’ that requires you to file within a certain period to ensure you receive your full entitlements.

      Public liability claims

      In some states, you need to start court proceedings within three years of your serious injury. In others, you have three years from when you realise your injury was due to someone else’s negligence.

      For the specific time limits in your state, refer to our comprehensive guide to public liability time limits.

      Motor vehicle accident claims

      In most cases, you should notify your state insurer promptly after the accident. Depending on your state’s regulations, you’ll then have between 13 weeks and three years to begin court proceedings.

      For more information on the time limits that apply to your case, check out our detailed guide to time limits in motor accidents.

      Medical negligence claims

      In certain states, you must start court proceedings within three years of your serious injury. In others, you have three years from the date you realised your injury was caused by medical negligence.

      To discover the exact time limits that apply to your situation, consult our complete guide to medical negligence time limits.

      If you’ve sustained a serious injury, follow these steps to ensure you receive the medical and financial support you need:

      1. Seek medical attention: visit a GP or medical professional who can diagnose your injury and recommend the appropriate treatment. They may refer you to a specialist and provide a medical certificate, which is essential evidence for your claim.
      2. Document your symptoms: keep a detailed record of your symptoms, how they affect your daily life, and any related incidents. This documentation is crucial for supporting your claim.
      3. Consult a lawyer: contact a lawyer with experience in serious injury claims. They can clarify your rights, guide you through the claims process, and estimate your potential compensation. Your lawyer will also gather medical evidence, obtain witness statements, and negotiate with insurers on your behalf to ensure you receive the best outcome.

      The length of your serious injury claim varies based on several factors, including the type of claim you’re making, the severity of your injuries, and the time it takes for your condition to ‘stabilise’. This means your condition has reached maximum medical improvement and is unlikely to improve with additional treatment.

      We strongly recommend waiting until your injuries have stabilised before making a claim. Filing before your injuries stabilise may result in accepting less than what you deserve, as you typically have only one opportunity to secure compensation.

      For a more precise estimate of how long your claim might take, contact us today. Once we understand the specifics of your situation, we can provide a clearer timeline.

      You may still qualify for a serious injury claim if your injury happened during a recreational activity like jet-skiing, diving, skiing, or boating.

      However, since these activities are naturally high-risk, you can only claim if you can prove that your injury was caused by defective equipment or reckless behaviour from an instructor or driver. For example, if they were speeding or failed to give proper instructions.

      Yes, you could be entitled to compensation for psychological conditions that stem from your serious injury.

      Often referred to as ‘secondary injuries,’ these mental health issues — like depression or anxiety — can develop as a result of the pain and limitations caused by your physical injury, potentially affecting your recovery and return to work.

      To make sure your claim covers both your physical and psychological conditions, it’s important to notify your doctor, psychiatrist, and employer about any mental health symptoms related to your injury.

      You can still pursue a serious injury claim even if you have a pre-existing injury. This could be a different injury from the one caused by a workplace incident, car accident or negligence, or your serious injury might have been exacerbated.

      The ‘egg-shell skull rule’ applies in both cases. This means the responsible party is liable for the full extent of your injury, loss, and damage, even if your pre-existing condition makes the injury more severe.

      Yes, you might be eligible for a claim if your loved one was seriously injured or killed due to someone else’s negligence. While you can’t make a serious injury claim on their behalf, there are two other types of claims you might qualify for:

      • Nervous shock claims: if you witness an accident or learn about a loved one’s injury or death due to negligence, you may be eligible for a nervous shock claim. You’ll need to show that the incident caused you to develop a recognised psychological condition.
      • Compensation to relatives claims: if your loved one is seriously injured or killed because of someone else’s negligence and you experience financial loss as a result, you might be entitled to a compensation to relatives claim. You’ll need to prove that you’re a ‘close relative’ of the deceased and that they would have continued to support you financially if they had survived.

      If you’re dealing with the aftermath of a serious injury or loss caused by negligence, our lawyers are here to assist. With decades of experience and expertise, we’ll ensure you receive the financial support and compensation you need.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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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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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

      Google Posted by Jamie Quinn
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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.

      Google Posted by Melissa Hickson
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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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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.

      Google Posted by Danial Anderson
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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.

      Google Posted by Sarah Pagel
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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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      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.

      Google Posted by Ellen Smith
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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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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      Serious injury claims are one of the most challenging areas of law, so you need a law firm that’s up to that challenge. Our lawyers have the legal skills and medical knowledge to build a compelling case for you.

      We work with a broad network of medical experts to collect all the essential evidence, from exams and reports to testimonies. This evidence is crucial in demonstrating the full impact of your injury and securing the compensation you deserve.

      Named ‘Compensation Law Firm of the Year 2020’, we’re experts at proving negligence and handling even the toughest cases.

      Get in touch for free advice on your serious injury claim. We’ll explain whether you have a case, how we can assist, and the best ways to maximise your compensation.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

      Serious Injury Compensation Claims
      Medical Negligence

      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

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      $2.5 million

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      Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

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      $2.5 million

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      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

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      $1.5 million

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      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

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      $750,000

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      Young mother gets payout for improper GP treatment

      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

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      $500,000

      Serious Injury Compensation Claims
      Medical Negligence

      Mary secures settlement for delayed cancer diagnosis in just 8 months

      When doctors repeatedly missed diagnosing Mary’s* breast cancer, we tapped into our network of experts to swiftly secure the compensation she needed for her ongoing care. Mary...

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      $230,000

      Serious Injury Compensation Claims
      Medical Negligence

      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

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      $850,000

      Serious Injury Compensation Claims
      Medical Negligence

      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

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      $550,000

      Serious Injury Compensation Claims
      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

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      $550,000

      Serious Injury Compensation Claims
      Medical Negligence

      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

      Read more

      We have the experience you can count on

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

      Hannah's Story

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      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us