South Australia Medical Negligence Solicitors - SA Compensation Claim Lawyers
Our medical negligence solicitors have offices situated in Adelaide, Brisbane, Canberra, Melbourne, Perth, Darwin, and Sydney. Do yourself justice - give us a call.
There are time limits within which South Australia medical negligence solicitors should either settle personal injury claims or arrange for legal proceedings to be issued in an SA court of law. The primary legislation is to be found in The Limitation of Actions Act 1936 and in subsequent amendments.
Failure to comply with these time limits can result in loss of the opportunity to claim compensation. Reference should always be made to a qualified solicitor to obtain information and advice on these time limits as soon as possible after the event giving rise to the potential claim. If you would like specialist advice at no cost from a South Australia medical negligence solicitor just complete the contact form or mail our lawyers offices or use the helpline and a no win no fee SA solicitor will telephone you with no charge and no obligation.
The general time limit in actions for personal injury damages which includes medical negligence compensation claims is three years. This means that a claim must be settled or proceedings must have been issued in a court of law by a South Australia medical negligence solicitor within three years of the incident which caused the injury or within three years of the injury being discovered whichever is the later. There are some exceptions to this general rule including the mentally deficient and minors for whom time does not start running until the eighteenth birthday. In addition the court has a wide discretion which is however rarely exercised.
Medical Negligence Compensation
The purpose of a medical negligence compensation claim is to put the victim back into the position that they would have been in had the malpractice not occurred. This represents an attempt by the victim to recover the quality of life enjoyed before the injury by way of monetary damages. Money however is inevitably going to be an inadequate method of compensating for pain and suffering, stress, emotional discomfort and psychological illness. Just the inconvenience and pressure of pursuing a claim can aggravate problems and slow down recovery time thereby being self defeating to some extent.
One of the basic elements of a personal injury compensation claim is to look at any actual financial losses that may have occurred. Theses exactly quantifiable items which do not rely on an assessment are called �special damages� and include the following :-
- Items of specific loss which are usually proved with written estimates, invoices or bills.
- Loss of earnings is a crucial and often very valuable element of damages if the victim�s injuries will prevent return to work temporarily or permanently .
- Medical expenses which are not covered by insurance or other schemes.
- Cost of services which includes the cost of hiring a professional caregiver but also applies if the friends and family of the victim were in attendance.
- Expenses stemming from the cost that emerged from living with the disability or injury including special equipment or handicapped facilities of any description.
Another basic element of a personal injury compensation claim is called �general damages� which represents compensation for items that are difficult to calculate and are thus estimated or assessed on a case by case basis. These include :-
- Pain and suffering of the injury itself including psychological difficulties.
- Loss of amenity which represents loss of the enjoyment of everyday pleasures including pastimes and hobbies.
- Handicap on the labour market that may lower the victim�s ability to earn.
- Inability to return to any pre-accident occupation.
- Loss of pension
There are also several other categories in a personal injury compensation claim that tend to be sub categories of the two above and may have elements of both special damages and general damages. This will include some parts of certain future losses that are based on figures available now but projected into the future. In addition there is an 'interest' element to consider which is awarded by the court at different rates and for different periods dependent on the actual item of damages being considered.
South Australia Medical Negligence Solicitors Directory
The following South Australia medical negligence solicitors deal with personal injury compensation claims:-
Mason Westover Homburg Murray Bridge
Wallmans Lawyers Adelaide
Michael W Speck & Co Christies Beach
Genders & Partners Adelaide
Bartel & Hall Victor Harbor
Thomas Rymill & Co Mount Gambier
Camatta Lempens Pty Ltd Adelaide
Patel & Co Adelaide
Aniello Carbone Paradise
John Cummins Adelaide
Andrew Hill & Co Hackham
Camatta Lempens Adelaide
Georgiadis Lawyers Adelaide
Moloney & Partners Adelaide
Scales & Partners Adelaide
Duncan Basheer Hannon Adelaide
Mitchell Chambers Adelaide
Lempriere Abbott McLeod Adelaide
Beger & Co St Peters
Mouldens Solicitors Adelaide
Anthony M Coombe Adelaide
Andersons (Pt Adelaide) Port Adelaide
Meister Belperio Clark Adelaide
Calderwood Scammell & Co Adelaide
Heuzenroeder & Heuzenroeder Tanunda
Jaak Oks North Adelaide
Johnston Withers Adelaide
Lee & Partners Brighton
Mellor Olsson Adelaide
South Australia medical negligence solicitors
Moran & Partners North Adelaide
Nicholls Gervasi Norwood
Nicholson Andrew Adelaide
Phillips Fox Adelaide
Aujard Lawyers Adelaide
Tindall Gask Bentley Adelaide
White Berman Modbury
Xenophon & Co Lawyers Paradise
Sparke Helmore Adelaide
White Berman Adelaide
Wright Street Chambers Adelaide
Holden Hill Chambers Windsor Gardens
HELPLINE: ☎ 1800 633 634
The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here