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Lindbloms Lawyers | Personal Injury.

Mar 17, 2020 | Reading Time: 3 minutes

INJURED IN AN ACCIDENT? YOU MAY HAVE A CLAIM FOR COMPENSATION.

Being injured in an accident is stressful, but have a think about this: you may have a potential entitlement to compensation. To find out, speak to Lindbloms Lawyers

If your injuries can be shown to be someone else’s fault, you may have a claim for compensation. 

In some cases, proving fault (or negligence) is relatively straight forward. However, in other cases it can be more complicated, for instance where it is unclear whether anyone was at fault or where there are potentially two or more parties at fault. 

When it comes to your potential compensation entitlements, there are some determining factors such as:

  • What type of accident you have had;
  • The nature and severity of your injuries; 
  • The impact of your injuries on your working capacity and home life; and
  • The applicable legislation & court rules.

Lindbloms Lawyers will be able to advise you of whether you have a potential claim in addition to your potential entitlements. 

Do you need a lawyer if you’ve been injured in an accident? If you have been injured because of someone else’s negligence and think you may have a claim – engage a lawyer to represent you. Generally, you’ll likely have a better chance of a more favourable outcome than someone who does not have legal representation.

Even if an early settlement offer has been presented to you, it is advisable to obtain legal advice. The initial offer is often a small sum to try and resolve your claim early and for as little as possible. An early settlement offer usually reflects only a partial amount of what an injured person is actually entitled to. 

If an insurer has denied your claim, consider engaging Lindbloms Lawyers to obtain advice in relation to whether the denial is reasonable or whether you have reasonable grounds to pursue a claim. 

An experienced personal injury lawyer will have expertise in dealing with insurers and insurer’s solicitors, along with expertise in gathering the evidence required to maximise your compensation entitlements. If you’re already dealing directly with an insurer, it is worthwhile obtaining legal advice from experienced personal injury lawyers, such as Lindbloms Lawyers. Doing so often results in a greater compensation sum being awarded.

Worried about the cost of making a compensation claim? There are some factors that will affect how much your lawyers’ fees will be:

  • the type of claim you have and how complex it is;
  • how much evidence needs to be obtained to prove your claim;
  • how long your claim takes; and 
  • how strongly your claim is defended by the other side.

It’s best to discuss your lawyers’ fees and the terms on which your lawyer is acting for you when you first meet with your lawyer. Sometimes there’s a lot to take in, so don’t be afraid to ask your lawyer for clarity on any terms of engagement that you are unsure of. 

A term you may have heard of is: ‘no-win, no-fee’, which generally means your lawyer will not charge you their legal fees if your claim is unsuccessful. However, these arrangements usually only apply to your lawyer’s legal fees. They generally do not extend to disbursements which are costs that include liability reports, medical reports, accounting reports as well as court filing fees & counsel fees). Disbursements can cost thousands, if not tens of thousands, of dollars, of which you’ll be liable for whether your claim is successful or not! Depending on the type of claim you have, the insurer will often make a reasonable contribution towards your legal fees if your claim is successful, but it will not pay 100% of your legal fees.

The nitty gritty: how much will you get from your compensation claim? That depends. Here are some factors that could affect your payout amount: 

  • The nature of your accident and the type of compensation scheme that applies (eg workers compensation scheme or motor vehicle accident compensation scheme); 
  • Whether there has been a reduction to your damages for contributory negligence – which means that you were partly at fault for your injuries; 
  • The applicable legislation & court rules.
  • The legal fees and disbursements that have been incurred.

Lindbloms Lawyers have the experience in personal injury claims to make sure you have the best chance at receiving any compensation you’re entitled to. You’re not alone.  

To book your consultation or for more information, visit lindblomslawyers.com.au or phone 8357 7611.

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