Ben Grosse on the 2GB Chris Smith Show discussing Personal Injury 29 May 2021
Ben Grosse providing Q & A on the 2GB Chris Smith Show discussing Personal Injury 29 May 2021
CS – Chris Smith/BG – Ben Grosse /C1,2,3, etc – Callers
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Read the transcript below:
CS Let’s go straight to Ben Grosse from Turner Freeman Lawyers. Good morning to you Ben.
BG Good morning.
CS Alright now, let’s get to our emails which come from our listeners sending emails to Turner Freeman through 2GB@turnerfreeman.com.au. One here from Avril, Avril has written an email and she describes having been hurt in a car accident that was someone else’s fault, what do I need to do to claim compensation?
BG Besides the obvious, I mean Avril should be getting off to see a GP as soon as possible if she has any concerns in relation to her injuries but after things have settled down what she needs to do is obtain effectively a medical certificate from her GP for the purposes of submitting a claim and that needs to be done within 28 days of the accident. It’s also important she submit a claim form and she needs to provide that claim form and the medical certificate to the insurer of the driver at fault.
CS Right. I don’t think many people would be aware of this 30 day time limit.
BG No, and look it’s easy for it to go by and if they don’t comply with it they need to provide an explanation to the insurer and the insurer can effectively store the claim until they provide an explanation.
CS Another email here from a listener, Nathan. Nathan says I got knocked off my motorbike by a car and I need am operation on my knee, can I claim compensation for pain and suffering?
BG The answer to Nathan’s question would be it depends. After he has his surgery, if he has a great outcome from that it may be that he can’t receive compensation for pain and suffering. We have this arbitrary threshold of 10%, so Nathan he’ll be able to receive compensation for pain and suffering but only if a degree of his whole person impairment is assessed under a set of guidelines to be at least 11%.
CS Right, but what about his condition before the operation, he was in pain and he was suffering then, does that not count.
BG No, it’s an arbitrary system in that way, so we have to wait until he’s completed his medical treatment and so once he’s had his surgery we could obtain an assessment of his impairment but as I say if he doesn’t meet that threshold everything that came beforehand is irrelevant.
CS So that applies to if you were injured in a car accident as opposed to a motorcycle accident?
BG No difference, as long as it’s someone else’s fault.
CS Right, so is it advisable to wait until you get operated or is it advisable to get legal advice before you get operated on or should you just get on with being operated on and then get to the legal people?
BG Oh, look on one hand it doesn’t matter but I think it’s always best if people get advice as soon as possible because there are certain procedural requirements for motor accident claims that people may not necessarily know about.
CS Thanks for that advice, Ben thank you and have a great weekend.
BG No problem, thanks Chris.
Turner Freeman Lawyers is famous for getting people the compensation they deserve, search Turner Freeman Lawyers, call 13 43 63 or email your enquiry to 2GB@turnerfreeman.com.au