Compensation & Personal Injury Law
No Win, No Fee Compensation Claims
Accidents happen. When they do, you may be left with an injury that can negatively impact many aspects of your life, as well as your families. Compensation and personal injury law covers the various deliberate and negligent acts of others which result in physical or psychological injury to you and for which you may be entitled to claim compensation. These situations may arise whilst driving, at work or whilst in a public place such as a shopping centre. This area also involves superannuation and total permanent impairment (TPD) claims.
We typically run compensation claims on a no win, no fee basis, which means if your claim is unsuccessful, you are not responsible for paying our professional fees.
To find out more about your entitlements and the way that we charge in these types of matters, please contact us.
FAQ
Any person who has been injured within Australia, as the result of another party’s negligence can make a claim for compensation.
When the injured person is under 18 they do not have the legal capacity to bring a claim in their own right. Any claim must be brought by a ‘Tutor’ on behalf of the child. This is usually a family member.
This depends on the type of personal injury claim, for example in a Motor Accident claim the accident must be reported to the Police within 28 days of the accident and you must file your claim form within 6 months of the accident, whilst for other types of personal injury claims you have three years from the time the incident takes place during which you are allowed to initiate legal proceedings.
This depends on the type of personal injury claim. Generally, a claim can take at least 12 months to finalise – this allows time for your injuries to stabilise, proper investigations of the degree of impairment to be undertaken and settlement negotiations to take place. If the matter is to go to Court, you might allow a further 6-12 months on this timeline.
The value of your claim is based on the extent of the permanent injuries. We are unable to start giving you figures valuing your claim until after we have expert medical evidence assessing your level of impairment. Be weary of any solicitor suggesting your claim is worth $$$ who hasn’t seen evidence of your actual level of impairment.
In New South Wales any person injured in a motor vehicle accident, including the driver at fault, can claim personal injury compensation under the NSW Motor Accident Scheme. To make a claim for compensation you need to get the registration number of the vehicle that caused the accident and make sure the accident has been reported to the police before filing an Application for personal injury benefits form with the CTP insurer of the driver at fault within 28 days of the accident. You can then make an immediate claim to the insurer for reimbursement and payment of your reasonable and necessary medical treatment as well as any loss of income if you are unable to work for up to 52 weeks. If you are not at fault, and if you have more serious injuries, you can claim benefits beyond 52 weeks after the date of the crash.
Contact your lawyer firstly who will advise you to do a hearing test with an Audiologist. You may be entitled to hearing aids and/or lump sum payment, depending on your level of hearing loss. If you are still working, your claim will be against your current employer. If you are retired, your claim will be against your last noisy employer.
You should notify the responsible party as soon as possible, such as the store owner, centre management, local council or an authority. It is wise to take a copy of any incident report prepared, witness details and a copy of any CCTV footage available should also be preserved. It is also recommended that you take photographs of the incident site for evidentiary purposes. Seek medical treatment as soon as possible following the accident, before arranging to see us for advice.
After an initial assessment, we will normally operate on a contingency basis, meaning you will only be responsible for legal fees if your claim is successful. In some compensation cases regulated fees apply and/or grants are available for legal fees, for example, legal fees in workers compensation claims are covered by an ILARS grant approved through the Independent Review Office (IRO) who provide funding for legal costs and disbursements if your claim has reasonable prospects of success.