Melissa Paradiso talks Personal Injury
Juggling everyday life can be hectic. We are all busy with work, kids, sport, social activities as well as trying to keep the house in some form of reasonable order.
When you are unexpectedly injured, the demands of everyday life become so much more difficult to manage.
Dealing with an injury is painful. It can impact on your ability to work and engage in everyday activities. It is often stressful financially as well as emotionally and can strain relationships with family and friends.
If you have suffered injury as a consequence of an accident, then you should see an experienced personal injury lawyer as soon as possible.
The accident may have happened while travelling in a car, at work, while having medical treatment, when out in a public place or as a result of a defective product.
Ringing a personal injury lawyer can be daunting for many people, but these are 5 reasons why you should:
1. The earlier you see a Lawyer the better
You should obtain advice early about your likely prospects of pursuing a successful compensation claim. This will involve consideration of your injuries, how they were suffered and the prospects of establishing that your injuries were caused because of someone else’s negligence.
Your lawyer will be able to provide realistic advice about whether you have reasonable prospects of success and whether it is worthwhile pursuing a claim.
2. Lawyers can assist with investigating the claim and gathering evidence
The days and months after an injury often involve receiving medical treatment, focusing on getting better and recovering. This is in addition to trying to manage the impact of the injuries on an injured person’s finances, home life and relationships.
While you are recovering from your injuries, your lawyer will manage the matter, obtain evidence and progress the claim for you.
This will include your lawyer conducting investigations and gathering relevant information, such as police files, hospital records, general practitioner records, financial records and employment records.
It is likely your lawyer will also obtain reports from treating doctors, independent medical experts, accounting experts and liability experts.
It is the responsibility of the injured person to prove their claim. An experienced personal injury lawyer will be able to assist them in doing so to maximise their potential entitlements.
3. To ensure you do not lose your entitlement to claim
Generally, an injured person has three years from the date of their injury to file court proceedings before their claim becomes statute barred, meaning they have no entitlement to pursue a claim. There are exceptions to this, but they are difficult to satisfy.
Obtaining advice early from a personal injury lawyer can sometimes result in the claim resolving prior to the time limitation so therefore, court proceedings do not need to be filed.
There are also steps that need to be taken before court proceedings are filed, including complying with requirements and policies of insurers as well complying with the requirements of court rules.
An experienced lawyer in this area will be able to ensure those requirements are met and, if necessary, will draft and file court proceedings to protect your entitlements.
4. To make sure you are not under compensated
Often an injured person will receive an offer from an insurer which is really only a commercial offer to make the claim go away. Usually such an offer is a very low and does not adequately compensate the injured person.
The outcome a lawyer can achieve for you is often better than if you were to try and navigate the claim process and negotiate with the insurer directly.
If you receive an offer and do not already have a lawyer, before accepting you should see an experienced lawyer to, at the very least, obtain advice about the adequacy of the offer.
5. So you can deal with costs head on
One of the main reasons why injured people either don’t make claims or try and manage claims themselves is because the thought of incurring legal fees is too daunting and stressful.
Overcome this by discussing costs with your lawyer during your first meeting and the basis that they are prepared to act for you. That might be on a ‘no-win-no-fee’ structure or it might not.
A good personal injury lawyer will be up front with you about their fees, provide you with a fee estimate and explain how the payment of fees (usually on the finalisation of the matter) will be dealt with. If you have questions, ask.
Don’t let the thought of legal fees turn you off making a claim. Your lawyer is there to act in your best interests and use their expertise to maximise your entitlements. This usually means that you receive a greater sum in your pocket even after payment of legal fees.
It is also important to remember that on successful claims, the insurer usually pays a reasonable contribution towards your legal fees.
Trusting an experienced personal injury lawyer to guide you through the process of making a claim can often result in a greater bottom line outcome to you. So make sure you see a personal injury lawyer early to discuss whether you have a claim and your potential entitlements.
Lindbloms Lawyers are experienced personal injury lawyers. If you would like to discuss a claim that you may have with us, then please contact us.