Melbourne Personal Injury Lawyers

Melbourne Personal Injury Lawyers Bringing Expertise To All Areas Of Injury Compensation Law

There are multiple situations where compensation for personal injury can be obtained. Unfortunately, injury victims in Victoria are often unaware what rights they have after being injured, nor do they typically know how much a claim may be worth. If you were injured through no fault of your own, it is critical to engage a Melbourne personal injury lawyer promptly to understand your rights and begin pursuing the compensation you deserve. At Henry Carus + Associates, we take your injury personally. Our lawyers and staff have unparalleled experience with a wide range of personal injury claims. We collect all pertinent evidence, develop a custom legal strategy and fight for the outcome you deserve. Having worked extensively with the TAC, WorkCover and private insurance companies, we have an in-depth understanding of compensation schemes and insurance claims in VIC. What’s more, the experience we have gained through working with the medical industry ensures that we can quickly understand the extent of your current physical and emotional challenges, as well as the long-term consequences of your injuries.

Meet Our Team of Personal Injury Lawyers in Melbourne

Our personal injury compensation lawyers bring decades of combined experience in injury compensation law, supporting clients with workplace injuries, road accident claims, public liability claims, medical negligence, and other personal injury matters. Whether you need medical negligence lawyers, workers compensation lawyers or insurance claim lawyers, you’ll be working with a team that handles these matters every day. Through strategic advocacy and a client-first approach, we have achieved a consistently high success rate for claimants. We speak more than 14 languages, with interpreter services available when needed. From the moment you contact us, you are assigned a dedicated legal team who will remain by your side throughout your claim, providing clear communication and tailored support every step of the way. Please call 03 9001 1318 for a FREE, no-obligation consultation with a Melbourne personal injury lawyer. Henry Carus + Associates serve clients throughout Victoria. What you’ll discover on this page:

• Common types of personal injury claims
• Injuries that result in a personal injury claim
• How personal injury claims work in Victoria
• Can you sue for personal injury?
• Benefits available to you for your personal injuries
• How our injury lawyers can help you
• What is the average payout for personal injury?
• The Henry Carus + Associates difference

Our Locations

Our Melbourne-based personal injury lawyers are committed to supporting individuals across the city and throughout Victoria who have suffered injuries due to negligence or unsafe circumstances. Located conveniently on Bourke Street in the CBD, we offer easy access to experienced personal injury attorneys when you need legal guidance most. We also provide face-to-face services across multiple Melbourne suburbs, including:

• Altona
• Camberwell
• Bundoora
• Ringwood
• Chadstone
• Narre Warren
• Scoresby
• Richmond
• Frankston
• Sunshine

Not based in Melbourne? Quality legal support shouldn’t depend on where you live. Our personal injury firm assists injured people across regional Victoria through phone appointments and virtual consultations, ensuring you always have access to justice.

What To Do After an Injury

Taking the correct steps after suffering a personal injury can significantly strengthen your future claim. Our lawyers for personal injury recommend you:

1. Prioritise health and safety

Seek medical attention as soon as possible, even if symptoms seem minor. Immediate medical care protects your well-being and helps document the injury.

2. Document the incident

Photograph the scene, any hazards or equipment involved, and the injuries you sustained. Retain copies of incident reports if the injury occurred at work or on someone else’s property.

3. Collect details

Obtain contact details for any witnesses and the person or organisation responsible for the location or situation in which the injury occurred.

4. Report the injury

Report the incident to the appropriate authority or organisation. For workplace injuries, notify your employer and complete the necessary injury report forms. For incidents in public places, inform the property owner or manager.

5. Keep medical evidence

Hold on to all medical records, treatment invoices, referrals, receipts, and any other documents related to your injury and recovery. These are essential when pursuing compensation.

Which Compensation Scheme Applies To Your Injury?

Victoria has three separate injury compensation frameworks. Which one applies depends on how you were hurt, not how serious the injury is. It’s worth settling early, because each framework has its own forms, deadlines and legal thresholds. An experienced injury lawyer in Melbourne can confirm it for you in a single conversation. Two questions usually settle it: did a vehicle cause the injury, and were you working at the time? If the answer to both is yes, or if someone other than your employer was at fault for a workplace injury, more than one scheme may be relevant, and the order in which you lodge can affect your entitlements. Our personal accident lawyers can advise before you lodge anything.

Your Entitlements

Depending on your injury and circumstances, you may be entitled to a range of benefits and financial support. Our injury lawyers will assess your situation and explain what you can claim, which may include:

• Emergency and ambulance care
• Hospital treatment and surgeries
• General medical appointments and specialist consultations
• Diagnostic services such as scans and imaging
• Medication expenses
• Home nursing or attendant care
• Rehabilitation and recovery services
• Mobility equipment or medical aids (e.g., crutches or braces)
• Replacement of personal aids damaged during the incident (e.g., glasses, dental appliances, hearing devices)
• Home assistance (cleaning, meal support, gardening)
• Travel and transport to medical appointments
• Therapy and allied health services (physiotherapy, chiropractic, psychology, occupational therapy, podiatry, etc.)

Providing Support & Expertise For All Claims

Our injury lawyers in Melbourne support all sorts of claims. From burns to birth injury claims, our team of personal injury solicitors is qualified, experienced, and ready to support you. However, we also provide support beyond personal injury, providing access to:

• Medical negligence lawyers
• Insurance claim lawyers
• Workers compensation lawyers
• Slip and fall lawyers

Our personal injury solicitor three-step approach usually includes the following:

What Are the Most Common Types of Personal Injury Claims?

The term ‘personal injury’ refers to any kind of physical or psychological harm an individual can suffer. At Henry Carus + Associates, the entirety of our practice is dedicated to serving injured people. Some of the most common claims our personal injury lawyers handle include:

Common Personal Injuries That Can Result In Personal Injury Claims

Car accidents, workplace incidents and other types of accidents result in a range of injuries. Some accidental injuries cause lifelong impairment, while many others limit a victim’s mobility during an extended recovery period. In addition, personal injuries frequently entail significant physical pain and emotional suffering. Some examples of personal injuries commonly sustained in accidents include:

• Traumatic brain injuries
• Spinal cord injuries that result in paralysis (quadriplegia/tetraplegia and paraplegia)
• Bone fractures
• Burns, including severe burns that require skin grafts and leave disfiguring scars
• Back and neck injuries, including broken vertebrae, slipped discs, muscle strains, and torn tendons and ligaments
• Foot, ankle and knee injuries that limit mobility
• Shoulder, elbow, wrist and hand injuries
• Internal injuries and hemorrhage
• Nerve damage that causes chronic pain
• Limb loss (amputation)
• Pain, suffering and emotional distress

Catastrophic Injury Claims

Some injuries change every part of a person’s life — not just for the recovery period, but permanently. Traumatic brain injury, spinal cord injury resulting in paraplegia or quadriplegia, limb amputation and severe burns requiring skin grafts are the injuries most commonly described as catastrophic, and they demand a different approach to compensation. A catastrophic injury claim is rarely about a single lump sum. It has to account for a lifetime of need: attendant care, home and vehicle modifications, assistive technology, ongoing rehabilitation, specialist treatment and the loss of a working life that may have had decades left to run. As a personal injury firm with extensive experience in serious injury matters, our catastrophic injury lawyers work with medical specialists, occupational therapists, care consultants and forensic accountants to build a complete picture of what your future will cost and then pursue every available avenue to fund it. That may mean a TAC or WorkCover common law claim, a public liability or medical negligence action under the Wrongs Act, or a combination of schemes where more than one applies. We also understand that a catastrophic injury affects families, not just individuals. Our team can advise partners, parents and carers on their own entitlements, and we structure our approach around what is practical for a client who may be in hospital or rehabilitation for an extended period. If you or a family member has suffered a catastrophic injury, call 03 9001 1318 to speak with a catastrophic injury lawyer about your options.

How Personal Injury Claims Work In Victoria

Personal injury claims work differently based on the type of accident that caused the injuries. Victorian legislation has established special programs to address road accidents and workplace injuries. Victims of other types of accidents may pursue compensation through claims against the parties responsible for their injuries – or, as is usually the case, against the responsible party’s insurer. Victoria’s Transport Accident Commission (TAC) is responsible for handling personal injury claims related to road accidents in the state. Individuals injured in road accidents are typically entitled to no-fault benefits from the TAC. If the injuries are deemed “serious” and someone else was to blame for the crash, an injured party may also be able to recover broader compensation through a common-law claim. Similarly, WorkSafe Victoria administers claims for compensation related to injuries suffered in the workplace. Workers who get hurt on the job in Victoria are usually entitled to no-fault WorkCover benefits. If someone else’s negligence played a role in the accident, the injured worker may be able to seek additional compensation through a common-law claim. Other types of accidents that occur in public places may entitle the injured person to bring a public liability claim against whoever was responsible for the accident. In most cases, the liable party’s insurer pays the victim’s claim.

Can You Sue for Personal Injury in Victoria?

There are a number of different factors a Melbourne personal injury lawyer will consider when analysing your claim. In all situations where a personal injury lawsuit can be filed, the claimant must prove that someone else is at fault. Compelling evidence is needed to prove negligence on the part of an individual, company or other party. At Henry Carus + Associates, our personal injury lawyers will thoroughly investigate the accident that led to your injuries and collect evidence on your behalf. This may include:

• Photos of the scene of the accident
• Eyewitness statements
• Video footage (if available)
• Accident reports prepared by investigating authorities (such as the police, WorkSafe, etc.)
• Copies of your medical records
• Documentation of any economic damages, such as medical bills, lost wages and out-of-pocket expenses
• Documentation of any non-economic damages (pain and suffering, loss of amenities of life and loss of enjoyment of life)

Your right to sue also depends on how you were injured and the severity of your injuries. As mentioned above, you must have sustained a serious injury to lodge a common law personal injury claim under Victoria’s TAC or WorkCover schemes. The applicable definition of ‘serious injury’ can be found in the following statutes:

• Transport Accident Act 1986 S. 93(17) defines ‘serious injury’ as follows in relation to road accidents:
  • ‘(a) serious long-term impairment or loss of a body function; or
  • ‘(b) permanent serious disfigurement; or
  • ‘(c) severe long-term mental or severe long-term behavioural disturbance or disorder; or
  • ‘(d) loss of a foetus.’
• Workplace Injury Rehabilitation and Compensation Act 2013 Section 335(1) provides the following definition of ‘serious injury’ as it relates to work injury claims:
  • ‘(a) permanent serious impairment or loss of a body function; or
  • ‘(b) permanent serious disfigurement; or
  • ‘(c) permanent severe mental or permanent severe behavioural disturbance or disorder; or
  • ‘(d) loss of a foetus.’

Other personal injury claims in Victoria (such as medical negligence and public liability matters) are governed by the Wrongs Act 1958. Under the Wrongs Act, you can lodge a claim for economic damages regardless of the seriousness of your injuries. However, to sue for non-economic loss, you will need to prove that your injury satisfies the definition of ‘significant injury’ found in the Wrongs Act 1958 s. 28LF.

What Are The Time Limits For Personal Injury Claims In Victoria?

Every injury claim in Victoria runs on two separate clocks. The first is the deadline for lodging your claim with the scheme. The second is the limitation period for bringing legal action in court for common-law damages. Meeting the first does not protect you on the second.

Deadline 1: Scheme lodgement

• TAC: lodge your claim within 12 months of the accident. The TAC may consider a claim up to three years after the accident if there are reasonable grounds for the delay.
• WorkCover: notify your employer of a work injury within 30 days, then lodge your claim within six months.

Deadline 2: Limitation periods for court action

• TAC and WorkCover common law damages: generally six years from the date of the accident or injury.
• Wrongs Act claims (public liability, slip and fall, medical negligence): generally three years from the date the cause of action is discoverable, under the Limitation of Actions Act 1958 (Vic).
• Long-stop: no personal injury claim can generally be brought more than 12 years after the act or omission that caused the injury, whatever the discovery date.
• Children and people with disabilities: longer periods may apply, which matters most in birth injury claims.

What happens if you miss a deadline?

A missed deadline does not always end a claim, but the bar is high. The TAC can accept a late claim where there are reasonable grounds for the delay. A court can extend a limitation period in limited circumstances, but extensions are discretionary; you must explain the delay, and the longer it has been, the harder it is. Do not rely on an extension. If you think you are close to or past a deadline, speak to one of our personal injury lawyers in Melbourne straight away. You can read our complete time limits guide for more information.

Benefits Available For Personal Injuries

The amount of money you may recover will be affected by factors such as what type of accident caused your personal injuries, the severity of your personal injuries, your lost time from work and whether someone else was to blame for the accident.

How A Melbourne Personal Injury Lawyer Can Help You Get Full Compensation

Many injured people in Victoria fail to recover all of the money and benefits they deserve after an accident. The reason for this is simple – the legislation regarding the TAC, WorkCover and other insurance schemes is quite complex. It can be difficult to get your head around the multiple layers of information about the right to compensation for personal injuries suffered in an accident.

Indeed, at Henry Carus + Associates, 98% of our clients win their injury cases, with some getting up to five times their initial offer. Another success story involved a TAC claim in which our client had been denied compensation on her common-law claim because the TAC argued that no vehicle had been involved in the accident. Our team produced evidence that a car was indeed involved, and the TAC’s offer went from nothing to $200,000, plus payment of legal costs.

How Much Does A Personal Injury Lawyer Cost In Victoria?

Lawyers for personal injury in Victoria cannot charge a percentage of your compensation. That arrangement, often called a contingency fee, is unlawful here. What we charge instead is a no-win, no-fee agreement with an uplift on fees. If your claim is unsuccessful, you do not pay our professional fees. If it succeeds, you pay our professional fees (for the time we spend on your matter) plus an uplift fee, which compensates us for acting without payment until the claim is resolved. The uplift:

• is added to our legal fees only, not to disbursements (out-of-pocket expenses such as medical reports);
• cannot exceed 25 per cent of the fees otherwise payable;
• is not a share of your compensation, so a larger payout does not mean a larger uplift;
• is clearly identified in your costs agreement before you sign.

For example, if the fees on a matter came to $40,000, the maximum uplift would be $10,000, whether the claim settled for $200,000 or $2 million. Some of your legal costs may also be recovered from the other side. We explain every figure in writing at your free first consultation.

What Is the Average Payout for a Personal Injury Claim in Victoria?

It is impossible to say with any degree of certainty how much a personal injury claim may be worth without first reviewing the facts. As such, the ‘average’ payout for personal injury is far less important than what you deserve for your injuries and damages. Each personal injury claim is unique. At Henry Carus + Associates, our Melbourne personal injury lawyers will explore and aggressively pursue all available avenues for recovering fair compensation. Our in-depth knowledge of compensation law frequently enables us to identify additional claims and novel legal strategies, the kind of insight you only get from a personal injuries solicitor who works in this area every day. You may be entitled to the following compensation in a personal injury claim:

• Medical costs to date
• Future medical expenses
• Prior loss of earnings
• Loss of earning capacity (i.e., the income you will lose in future if you are unable to work)
• The cost of attendant care services
• Pain and suffering
• Loss of enjoyment of life
• Loss of amenities of life
• Compensation for dependants

It is important to be aware of the caps on common law personal injury damages imposed by Victoria’s compensation schemes. These caps are indexed annually on 1 July. The TAC common law compensation caps as of 1 July 2026 are:

• $1,578,760 max for pecuniary damages (loss of past and future earnings)
• $701,620 max for pain and suffering

Maximum common law payments under WorkCover vary depending on when the work injury occurred and the legislation that applies to the worker’s claim. As of 1 July 2026, common law damages are capped as follows:

• Workplace Injury Rehabilitation and Compensation Act 2013 (injuries on or after 1 July 2014)
  • $1,798,500 max for pecuniary damages
  • $783,000 max for pain and suffering
• Accident Compensation Act 1985 (injuries before 1 July 2014)
  • $1,966,550 max for pecuniary damages
  • $725,220 max for pain and suffering

The Wrongs Act 1958 does not impose a maximum dollar amount for pecuniary damages. Rather, loss of earnings damages are limited to ‘3 times the amount of average weekly earnings at the date of the award’ (see Wrongs Act 1958 s. 28F(2)). The maximum damages for non-economic loss, meanwhile, are $783,000 as of 1 July 2026 (see Wrongs Act 1958 s. 28G, indexed annually on 1 July).

Contact a Melbourne Personal Injury Lawyer Today

Personal injury law is complicated. Most people are unaware of their rights under Victoria’s compensation schemes (TAC and WorkCover), not to mention their right to common law personal injury damages.

Under the guidance of our principal personal injury solicitor Henry Carus, our team has many years of combined legal experience gained in Australia and overseas. Our experience with personal injury claims is second to none, and the outcomes we achieve for our clients frequently exceed what other firms are able to achieve.

You are more than your injury. You are someone’s loved one, and you deserve quality legal guidance that can help you and your family recover from an injury or accident that was not your fault.

For a FREE, no-obligation, consultation, please call 03 9001 1318 to speak to a Melbourne personal injury lawyer. At Henry Carus + Associates, we serve clients in Melbourne, Altona, Camberwell, Bundoora, Ringwood, Chadstone, Narre Warren, Scoresby, Richmond, Frankston, Sunshine, and all of VIC.

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