Personal Injury Compensation

1. Solicitor · turn 1

   Good afternoon, Mr Zhong. My secretary has told me that you came in today to enquire about getting compensation after a car accident. What exactly would you like to know?

   下午好，鍾先生。我的秘書告訴我，您今天來是想查詢車禍後申請賠償的事情。請問您具體想了解甚麼？

2. Client · turn 2

   你好，是關於車禍中受害人保險賠償的問題。不久以前發生的事，我在車禍中受了傷，打算向保險公司索賠。請問我可以得到哪些賠償呢？

   Hello. It’s about insurance compensation for a person injured in a car accident. The accident happened not long ago, and I was injured. I intend to make a claim against the insurance company. What compensation might I receive?

3. Solicitor · turn 3

   It really depends on how you were involved and injured in the accident. Could you please give me the details of the accident, such as the date, place and how it happened?

   這實際上取決於您如何捲入事故以及如何受傷。可以請您提供事故詳情嗎？例如日期、地點和事發經過。

4. Client · turn 4

   2018年12月20日早上7點半，我在開車去上班的路上，在 Parramatta Road 和 Robert Street 交界處，一輛車突然撞到了我的車身右邊，把我的車推到了道路左邊。警察到達後記錄了我的證詞。他們說，由於當時沒有目擊證人，很難確定究竟是哪一方的過錯。

   At 7.30 am on 20 December 2018, I was driving to work when a car suddenly struck the right-hand side of my vehicle at the intersection of Parramatta Road and Robert Street, pushing my car to the left side of the road. The police took my statement when they arrived. They said that, because there were no witnesses, it was difficult to determine which party was at fault.

5. Solicitor · turn 5

   I see. Were you or the other driver charged with any traffic offence? And did the police provide you with an event number or any documentation relating to the accident?

   明白。您或另一名司機有沒有被控任何交通罪行？警方有沒有向您提供事件編號或任何與事故有關的文件？

6. Client · turn 6

   沒有，我們兩個都沒有被起訴。警察給了我一個事件編號，我也保留了對方司機的姓名、聯絡方式和保險資料。我後來還拍了幾張車輛受損的照片。

   No, neither of us was charged. The police gave me an event number, and I kept the other driver’s name, contact details and insurance information. I also took several photographs of the vehicle damage afterwards.

7. Solicitor · turn 7

   That's helpful. Well, for starters, you're entitled to make a claim for property damage, which would cover the damage to your car and, in some circumstances, the cost of hiring a replacement car while yours is being repaired. I can assist you with that.

   這些資料很有幫助。首先，您有權就財產損失提出索賠，當中包括您的車輛損壞；在某些情況下，也包括車輛維修期間租用替代車輛的費用。我可以協助您處理。

8. Client · turn 8

   事實上，我來的目的不是為了這件事。我知道要拿到車輛損壞的賠償應該不會太難。我來找你，是因為這次事故弄得我的背部和脖子非常疼痛，使我無法從事原來的工作。

   Actually, that isn’t why I came here. I know it shouldn’t be too difficult to obtain compensation for the damage to my vehicle. I came to see you because the accident has caused severe pain in my back and neck, preventing me from doing my previous job.

9. Solicitor · turn 9

   In that case, I can assist you with a personal injury claim, which comes under Compulsory Third Party insurance, or CTP. This insurance is compulsory before a vehicle can be registered. What amount of compensation are you seeking?

   既然如此，我可以協助您提出人身傷害索賠，這屬於強制性第三者保險，也就是CTP的範圍。車輛登記前必須購買這項保險。您希望索取多少賠償？

10. Client · turn 10

    我相信我應該得到一大筆賠償。事故後，我只能調換到較輕鬆的崗位，工作時間幾乎減半，所以工資收入大大降低。而且事故是三個月前發生的，從那時到現在，我每週要做兩次理療，每次要45澳元。

    I believe I should receive a substantial amount of compensation. After the accident, I could only transfer to lighter duties, and my working hours were almost halved, so my wage income fell considerably. The accident also occurred three months ago, and since then I’ve needed physiotherapy twice a week at 45 dollars per session.

11. Solicitor · turn 11

    Have you kept receipts for your physiotherapy and other medical treatment? I'll also need medical reports from your GP and any specialists you've seen, as well as payslips or other evidence showing how much income you've lost.

    您有保留物理治療和其他醫療服務的收據嗎？我還需要您的家庭醫生以及您曾求診的任何專科醫生所出具的醫療報告，另外也需要工資單或其他證明您收入損失金額的資料。

12. Client · turn 12

    有，我把大部分收據都留著。家庭醫生也給我寫了證明，說我的背部和頸部受傷，目前不適合做太重的工作。我的僱主應該也可以提供事故前後的工資單和工作時間記錄。

    Yes, I’ve kept most of the receipts. My GP also wrote a certificate stating that I injured my back and neck and am currently unfit for heavy work. My employer should also be able to provide payslips and records of my working hours from before and after the accident.

13. Solicitor · turn 13

    Good. Those documents will help establish your financial losses. The court will consider several things before making a decision on your case. It may award you special damages to cover things such as consultation fees and other medical expenses resulting from the accident, plus the loss of income up to the date of the hearing.

    很好。這些文件有助於證明您的經濟損失。法院在裁決您的案件前會考慮多項因素。法院可能判給您特別損害賠償，以支付診症費及事故所引致的其他醫療開支，以及截至聆訊日期為止的收入損失。

14. Client · turn 14

    這根本不夠。我還要在餘生忍受痛苦。除了心理壓力不說，理療不知道還要做多久，判決後的醫療費又怎麼算呢？而且事故後因為身體狀況，我無法再從事事故前的工作，從而損失相當一部分收入，這又怎麼算呢？

    That isn’t nearly enough. I’ll have to endure pain for the rest of my life. Apart from the emotional stress, I don’t know how long I’ll need physiotherapy, so what about medical expenses incurred after the judgment? Also, because of my physical condition after the accident, I can no longer perform the work I did beforehand and will therefore lose a considerable amount of income. How will that be calculated?

15. Solicitor · turn 15

    Those matters can also be taken into account. You may be entitled to a lump-sum payment for your injuries, future loss of income and future medical costs. However, the amount will depend on the medical evidence and the extent to which your injuries affect your ability to work in the future.

    這些事項也可以納入考慮。您可能有權就傷勢、未來收入損失和未來醫療費用獲得一筆整付賠償。不過，賠償金額將取決於醫療證據，以及您的傷勢在多大程度上影響您未來的工作能力。

16. Client · turn 16

    那是不是只要醫生證明我的傷勢會長期影響工作，法院就一定會賠償我將來的收入損失？

    Does that mean that, as long as a doctor confirms my injuries will affect my work in the long term, the court will definitely compensate me for my future loss of income?

17. Solicitor · turn 17

    Not necessarily. The court will consider all the evidence. It will also look at whether there was any contributory negligence on your part and will generally compensate you only for losses that can be shown to have resulted from the accident.

    不一定。法院會考慮所有證據，也會審視您是否涉及任何共同過失，而且一般只會賠償那些能夠證明由事故所導致的損失。

18. Client · turn 18

    你說的「共同過失」是甚麼意思？警察不是說無法確定誰有錯嗎？

    What do you mean by “contributory negligence”? Didn’t the police say they couldn’t determine who was at fault?

19. Solicitor · turn 19

    Contributory negligence means that even if the other driver was primarily responsible for the accident, the court may find that your own actions contributed to the accident or to the extent of your injuries. If that happens, the amount of compensation awarded to you may be reduced.

    共同過失是指，即使另一名司機需要為事故負上主要責任，法院仍可能裁定您本人的行為促成了事故，或加重了您的傷勢。如果法院作出這項裁定，判給您的賠償金額可能會減少。

20. Client · turn 20

    明白了。我當時確實沒有超速，而且有繫安全帶。不過，既然沒有目擊證人，我擔心對方會說是我的責任。

    I understand. I definitely wasn’t speeding at the time, and I was wearing a seatbelt. However, because there were no witnesses, I’m worried the other party will say that I was responsible.

21. Solicitor · turn 21

    That's why we'll need to gather as much evidence as possible. The police statement, photographs, vehicle damage, medical records and any available CCTV or dashcam footage may all be relevant. We can also obtain the other driver's version of events during the claims process.

    正因如此，我們需要盡量收集更多證據。警方筆錄、照片、車輛損壞情況、醫療紀錄，以及任何可以取得的閉路電視或行車記錄器片段，都可能與案件有關。我們也可以在索賠過程中取得另一名司機對事發經過的說法。

22. Client · turn 22

    我還有一個問題。事故之後，因為收入減少，我曾經領取過一段時間的 Centrelink 福利。這會不會影響我的賠償？

    I have another question. After the accident, I received Centrelink benefits for a period because my income had decreased. Will that affect my compensation?

23. Solicitor · turn 23

    It may. If you've been receiving Centrelink payments because of the loss of income caused by the accident, you may have to repay all or some of those payments after receiving compensation. We'll need details of the payments you've received so that this can be properly taken into account.

    有可能。如果您因事故造成收入損失而領取Centrelink款項，那麼在獲得賠償後，您可能需要償還全部或部分款項。我們需要了解您所收取款項的詳情，以便妥善納入考慮。

24. Client · turn 24

    好的，那麻煩你幫我處理索賠問題，盡可能替我爭取更多賠償。因為這場事故，我家裡的經濟已經很拮据了。

    All right. Please help me handle the claim and seek as much compensation as possible for me. Because of this accident, my family is already experiencing serious financial hardship.

25. Solicitor · turn 25

    Certainly. The first step will be to collect all the relevant evidence and notify the insurer of your claim. Please bring me your medical reports, treatment receipts, payslips, the police event number and any correspondence you've already received from the insurer. Once I've reviewed those documents, I'll be in a better position to advise you about the value of your claim and the next steps.

    當然可以。第一步是收集所有相關證據，並通知保險公司您提出索賠。請把您的醫療報告、治療收據、工資單、警方事件編號，以及您已收到的任何保險公司往來信件帶給我。我審閱這些文件後，就能更妥善地向您說明索賠價值和下一步該怎麼做。

26. Client · turn 26

    好的，我回去把這些材料全部整理好。我還有一些保險公司寄給我的信，也一起帶過來給你看。

    All right. I’ll go home and organise all these materials. I also have some letters from the insurance company, and I’ll bring those for you to review as well.

27. Solicitor · turn 27

    That would be very helpful. In the meantime, continue to follow your doctor's advice and keep records of any medical expenses or loss of income related to the accident. We'll arrange another appointment once I've had an opportunity to review everything.

    那會很有幫助。在此期間，請繼續遵從醫生的建議，並記錄任何與事故有關的醫療費用或收入損失。等我有機會審閱所有資料後，我們再安排一次會面。

28. Client · turn 28

    好的，謝謝你。我會盡快把所有資料準備好，再跟你預約時間。

    All right. Thank you. I’ll prepare all the information as soon as possible and then make another appointment with you.

29. Solicitor · turn 29

    You're welcome, Mr Zhong. I'll speak with you again once we have the documents.

    不客氣，鍾先生。等我們收到文件後再跟您詳談。

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