August 2021 - Elmassian

If you have been injured as a result of negligent or wrongful actions, such as a workplace related incident or a car accident that was somebody else’s fault, chances are you are entitled to make a personal injury claim to receive compensation for your expenses.

The 3 most common types of personal injury claims are:

1. Motor vehicle accidents
2. Workplace injuries
3. Negligence

When making a personal injury claim, it is important that you begin the process as soon as possible. There is a timelimit of 3 years for you to bring the claim forward from the date of the injury.

How to actually lodge a personal injury claim

The first step is to report the injury to the relevant authority. If it’s a motor vehicle accident, the accident and injury needs to be reported to the police and you need to get a Traffic Incident Number (TIN). If it’s workplace injury, the injury should be reported to your employer.

The next step is to go and see your doctor and get their advice. You will want to obtain a medical report, medical certificates and any other supporting documentation that you can, as these will be used as evidence in your case. It is also a good idea for your own well-being and recovery to speak to a doctor.

The third step is to lodge the compensation claim with the relevant authority. If you are lodging a motor vehicle claim, you will need to speak to the insurance company of the at-fault driver. For work injury claims, you will need to lodge the claim in the specified format with your employer (your employer will be able to advise you on how to do this). Your personal injury lawyer will be able to help you lodge the appropriate claim for your case.

It is highly recommended that if you are looking to lodge a personal injury claim, to seek advice from a lawyer. A personal injury lawyer will be able to help you take the correct steps to ensure that you get the best outcome for your case. They will also help to speed up the process and eliminate any difficulties, headaches and pitfalls.

It is also important to note that you should be getting any medical treatment you need while making the claim. Don’t put off treating yourself and fixing your injuries.

If you would like help with a personal injury claim, get in contact with us today and we would be happy to help!

If you feel you have been unfairly treated in the Will left by a loved one, you may want to dispute or contest the Will to try to get a fairer outcome. This can be a difficult decision to make, but if you have decided to go ahead, this is what you need to know.

How to Dispute a Will in Sydney

Circumstances under which you can contest a Will

You are eligible to contest a Will if:

proper provision was not given to you in the Will
you were promised that you would be left a specific portion of the estate and that hasn’t happened
a clear error or mistake was made in the Will and a court order is sought to correct that error
the deceased was subject to undue influence in making the Will
the deceased lacked capacity to properly make the Will

You will need to submit an application to the Court to contest the Will. Be aware there are strict time limits when this can be done (discussed further below).

Family provision claim

You are able to make a family provision claim if you feel you have unjustly been left out of the Will and you are either:

a spouse (including facto spouse)
child (including step-child)
or were a dependent of the deceased (defined as “wholly or substantially maintained or supported by the deceased person” and a parent of the deceased, parent of a child of the deceased or a child under the age of 18 years.)

If you meet this criteria and wish to make a family provision claim, you will be challenging the Will and asking the Court to issue an order to properly provide for you from the estate.

Time limit to contest a Will

There are strict time limits for contesting the Will with a family provision claim.

Generally, you must advise the executor of the Will within 6 months of the deceased’s death that you are intending to make the claim. The court proceedings usually have to be filed within 9 months.

Under circumstances it may be possible to lodge the claim at a later date, but it must be done before the estate is distributed.

Issues with the executor of the Will

If you believe that the executor of the Will is not properly doing their duties, is acting improperly or has a conflict of interest, you are able to submit an application to the Court to have the executor removed.

The court will consider the mismanagement of the estate and the misconduct of the executor and decide if they see fit to remove them from the role. This is solely at the court’s discretion.

Who pays the legal fees

If making a family provision claim, usually the legal costs will be paid from the deceased’s estate. However, if the executor of the Will does not agree to this, you will need to apply to the Court in order for them to be paid from the estate.

Contesting the Will

The best way to contest a Will is to speak to a lawyer who specialises in Will disputes. We at Elmassian Lawyers are experts in the field of Will contesting and disputes. We have years of experience and have been through hundreds of Will disputes, so we know the process inside and out and are here to ensure you get the outcome you are looking for. To talk about your Will dispute, call us on 02 9958 2407 or email us on info@elmassianlawyers.com.au.