Injured when something went wrong?
Being the victim of an accident can change the course of your life forever. Apart from severe physical injuries plus the mental trauma that victims suffer, accidents can throw you into huge debts for medical bills and affect your ability to work for a living.
If you or your loved one is the victim of an accident or incident, you can work with compensation lawyers to help you claim adequate compensation for all the injuries and harm you've suffered.
This article will discuss specific functions of compensation lawyers and how to choose the most suitable law firm for your needs.
Have you recently been injured or suffered losses caused by someone else’s negligence? If so, contact us today for a free case evaluation.
What Does a Compensation Lawyer Do?
A compensation lawyer is a legal expert who can help you secure payouts for claims on any injuries, harm, or damages a person suffers from accidents or incidents.
Suppose you or your family member is the victim of an accident. In that case, a compensation lawyer can help you claim compensation for any loss of income or pain and suffering caused by the accident. They can also help with medical claims, which cover any medical expenses accrued due to another person’s negligence.
As the victim of an accident, it can be nearly impossible to effectively pursue insurance claims on your own. In fact, many insurers make the process complicated on purpose to discourage you from pursuing the compensation you deserve. This is where an expert compensation lawyer comes in.
With the help of our legal team, you can avoid the stress and trauma of the different administrative and legal hurdles involved in accident claims. Compensation lawyers can help you file a claim, handle all communication related to your case with the insurance carrier, and ensure your legal rights are fully protected.
Compensation lawyers can assist with a broad range of accidents, including:
- Car accidents
- Truck accidents
- Motorbike accidents
- Bicycle accidents
- Medical negligence
- Legal malpractice
- Wrongful death
- Workplace injury
Types of Compensation Claims We Can Help You With
After an accident, you should speak with a compensation lawyer as soon as possible to know the compensation claims you qualify for. Typically, the lawyer will look through the intricacies of your case and let you know which areas your claim falls under. You should also know that you qualify for more than one claim in some cases, depending on the severity of the accident.
Our lawyers have helped victims claim compensation for accidents in the workplace, motor vehicle accidents, and other unfortunate incidents that put them in harm’s way due to someone else’s negligence and carelessness.
Specifically, we cover the following compensation claims:
1. Personal Injury
Personal injury claims cover compensation for individuals who have suffered severe harm or consequences due to another person’s negligence.
A personal injury lawyer can provide legal advice on how best to handle these cases.
These claims have a broad context and are applicable in several situations. So, as long as another person’s actions, lack of judgment, or poor decisions have caused you severe suffering, you should speak to your compensation lawyer about these claims.
Typically, our lawyers will walk you through what to expect from the personal injury compensation process and find the best way to approach your case.
2. Motor Vehicle Compensation Claims
Motor vehicle accidents include car accidents, truck accidents, motorcycle accidents, and other similar accidents. If you're a victim of any of these, you can push for a motor vehicle accident compensation claim via a legal team.
The process of claiming compensation for losses caused by motor vehicle accidents is complex and lengthy. For example, if you were involved in an accident with a hit-and-run driver, the compensation procedure is quite different from an accident involving wrongful death.
This is why you should speak with a compensation lawyer as soon as possible to know what your options are.
3. Workers Compensation Claims
More often than not, accidents happen in the workplace, especially if you work in a factory that handles dangerous materials and chemicals. Apart from exposure to poisonous gases that could lead to health complications, a machine malfunction could cause several types of accidents, causing workplace injuries.
Beyond factory work, workplace injuries can occur in any type of work environment, even in offices. The most common types of workplace injuries in Australia are:
- Strains from heavy lifting
- Falls, trips, and slips
- Fractures from those falls
- Wounds and lacerations
- Poor mental health conditions
Many people don't realise that worker's compensation laws also cover mental health conditions in Australian workplaces. If you have experienced an incident such as bullying or harassment, being overworked, discrimination or other abuse at the workplace, you have a right to seek help from a workers' compensation lawyer.
Your employer must make sure the workplace adheres to all the critical safety regulations, including a mentally positive work environment. If this isn't done and an accident or incident happens, the victim can pursue a claim for workers' compensation benefits. Typically, workers' compensation settlement includes medical benefits for injured workers, which helps you cover any medical bills incurred during your treatment.
Specifically, you should claim workers' compensation if:
- You sustained injuries at work as a result of work activities;
- Occupational diseases caused by work;
- Illnesses or pre-existing medical conditions that are worsened by work activities;
- Partial disability;
- Injuries sustained when travelling due to work; and
- Injuries sustained when receiving medical treatment for a different work injury.
4. Total and Permanent Disability Claims
If the aftermath of an accident prevents you from returning to work in the same capacity, then you should get compensation on total and permanent disability (TPD) claims. For example, if you cannot walk again due to a motor vehicle accident, you can press for payment from a TPD claim.
Injured employees can benefit from disability benefits as well as workers' comp claims. Again, your attorney will perform a case review and give you legal advice on the next steps to take.
5. Medical Negligence Claims
Medical negligence refers to any situation where the carelessness of medical personnel leads to injury or worsens an existing condition for the victim. For example, if a doctor makes a medical misdiagnosis, it is a form of medical negligence, and there are legal consequences for this. Other examples include:
- Failing to communicate risks associated with the patient’s procedure adequately
- Administering or prescribing the incorrect dosage of medicine
- Incorrectly interpreting medical results
If you are a victim of medical negligence, you should contact a compensation lawyer as soon as possible so that the appropriate steps can be taken.
6. Public Liability Claims
A public liability occurs when an incident or accident happens in a general environment such as a shopping mall, sporting venue, or park. Typically, the owners of these spaces must keep them safe for everyone. If they fail to do this and an accident happens, then you can claim public liability compensation.
If you are the victim of a public liability incident, you need to collect any direct evidence of the accident. You can record first-hand accounts from witnesses or videos and pictures.
Your compensation lawyer will depend on the bulk of your evidence to pursue a case for a public liability compensation claim. If you think you've been a victim of a public liability incident, one of our compensation lawyers can help advise if you have a strong enough case to receive compensation.
7. Product Liability Claims
The Australian Consumer Law (ACL) ensures that all products used in Australia must adhere to strict safety measures to reduce to risk of injury or harm to the person using that product. If an injury does occur from either a design defect, manufacturing defect or failure to warn about a product's potential risk, then a person can seek product liability compensation from the manufacturer to cover the loss or damages.
For example, if a car has a brake malfunction at purchase and causes an accident, the manufacturer is liable to pay compensation. However, defective products can occur with almost anything. Other examples where a product liability claim could occur are:
- A playset with a crack that causes an injury
- A manufacturer using a carcinogen instead of a safer alternative
- Sickness from tainted over-the-counter medicine
- Sunglasses that don't have UV protection causing eye damage
- Injury from a chemical product that doesn't advise adequate safe handling and use
If you suspect you or your loved one has been a victim of a design defect, manufacturing defect, or have not been adequately warned about a product's risk, then seek advice right away from one of our compensation lawyers.
How to File a Compensation Claim in 4 Steps
After an accident, it might feel overwhelming to start the process of pursuing a compensation claim. However, it is crucial to kickstart this process as soon as possible. If you wait for too long, you might lose the chance to get any payout for your injuries.
In this section, we will show you how to file a compensation claim.
1. Report Your Injury and Visit Your Doctor
Even if you think you only sustained a minor injury, it's best to visit the doctor immediately after you've had an accident for comprehensive medical care and treatment.
The next thing you need to do is report your injury to the relevant parties as soon as possible. You need to do this within 30 days in the workplace, or your claim might be rejected.
If you sustained a workplace injury, then you should file a formal report with your employer. If it is a public liability accident, you should immediately inform the public facility owner of the incident.
Make sure you have a formal record of this report, as it will be necessary when it's time to file for compensation claims.
2. Request a Certificate of Capacity
In the case of a workplace accident, your doctor would give you a "certificate of capacity." In simple terms, this is a record of a work-related injury showing the details of your diagnosis and your capacity for work. For other types of accidents, you can obtain a formal doctor's report that shows the state of your health and any injuries caused by the accident.
You will need to submit this document as part of your compensation claims.
3. Request Your Compensation Claim Form
Injured workers can get a compensation claim form from their doctor or the parties involved in the accident. For instance, if you had a workplace accident, you can request this form from your employer. You can also get the compensation claim form from the relevant authorities in your state or territory.
4. Contact Us
After obtaining all of this information, the next step is to reach out to a recognised compensation law firm. The expert lawyers in our firm will assess the situation and advise you on the types of compensation claims you qualify for.
We will also act as a mediator between you and the insurance company to ensure you get adequate compensation for any losses and injuries caused by the accident.
What Can a Compensation Lawyer Do For You?
Investigate Your Case and Gather Evidence
Accident evidence, especially medical evidence, is one of the most important things you need to support your claims and get the compensation you deserve. If you miss any of these documents, your claim might be rejected, or you wouldn't receive all the money you're entitled to.
A compensation lawyer will investigate your accident and retrieve important records and documents for your case. They can:
- Gather evidence that shows your employer's history of poor workplace safety;
- Conduct depositions of medical experts;
- Collect statements and first-hand accounts from eyewitnesses and;
- Organise an independent medical examination to get expert medical opinions on the state of your health.
Negotiate Settlement Agreements
When it's time to negotiate for payouts based on your claims, your compensation lawyer can take charge of the conversation and handle all the back and forth on accident settlement offers.
Compensation lawyers understand insurance companies’ workings and how they try to undervalue victims and their claims through inadequate compensation offers. Your attorney can make a strong case for you and help secure an offer that's beneficial to you or your loved one.
Typically, before the negotiations kick-off, your attorney will already have a fair idea of how much compensation you should get based on his or her evaluation of:
- The extent of your injuries;
- The costs of past, present and future medical expenses for the accident victim, and;
- Whether you qualify for permanent disability claims.
Document Settlement Agreements
Once parties reach an agreement on the compensation claims, your attorney will make sure that all the terms of the arrangement are adequately recorded. This helps to protect your interest and ensures that everyone sticks to the compensation terms.
Represent You at the Compensation Hearing or Trial
If you're unable to reach a settlement during the negotiations, your attorney might file a lawsuit. This means that your case proceeds to an administrative hearing or trial before a judge.
Your compensation lawyer will represent you during the hearing and can help you appeal the decision if the judgment isn't in your favour at the end of the day.
Advise You On Third-party Claims
After examining your case, the attorney will provide professional advice on third-party claims that you might be eligible for. For example, you may qualify for a personal injury claim and workplace injury claim simultaneously.
Choosing the Best Compensation Lawyer: 6 Questions to Ask
With so many compensation lawyers available, it can be challenging to make the best decision. To help you, here are four questions you should ask when choosing a compensation law firm.
1. What Area Do They Specialise In?
Compensation law is a broad field with different sub-categories, and it's nearly impossible that a single law organisation would be an expert in all the subfields. So, the first question you should ask is the law firm's category of specialisation.
If a law firm provides services across several areas of compensation law, you need to be sure that the attorney assigned to you has the expertise to handle your case. You can request records to know the types of cases they've handled in the past and the results.
2. Who Will Be Working on My Case, and What Qualifications Do They Have?
This question is somewhat related to the previous one. Depending on the firm's size, the first lawyer you speak with might not be the attorney assigned to your case at the end of the day.
So, before things go further, you should request information about the team working on your case and try to get acquainted with them. The better the attorney-client relationship you build, the easier it becomes to work with the legal team.
3. What Are My Chances of Success?
When you present your case to the legal team, they should tell you if you have a strong case or not. A competent lawyer would examine the different aspects of your case and let you know if you can win one or several compensation claims.
If the lawyer you are interviewing is unsure and cannot provide a comprehensive answer, then it is likely that they are not confident in compensation law. At the same time, they should tell you a rough estimate of the amount you should expect as compensation payout.
4. What is the Compensation Lawyers Fees?
This is, perhaps, the most critical question. At the end of the day, you'll want to work with a legal team that can provide the best services within your budget. So, be sure to ask about payment options, plans, and what you can expect to be charged for.
5. Do I Have Grounds For Claims?
Sometimes, you might think you have a good case, while the reality might be far off. This is why you need an expert compensation legal team. A trained lawyer will critically examine your case, whether for an accident or workers’ compensation case, they will let you know if you have grounds for claims.
In some instances, they could recommend pursuing a different claim from what you originally had in mind.
6. What Do You Need From Me?
If you've collected evidence of your accident, you'll need to present it to your legal team. Your lawyer might also request access to your medical records, employment history (if it's a workplace accident), plus witness accounts.
You shouldn't be too worried if you don't have all of these documents. Typically, a good legal team can help you obtain all the necessary documentation for your case.
Get maximum compensation for your claim today
Getting the compensation you deserve after an accident appears challenging but it isn't impossible. When you work with the right compensation lawyer, you rest assured that they'll do everything within the provisions of the law to secure compensation for all your claims.
Are you an accident victim looking for legal advice from the best compensation lawyers in Australia? We have law offices in Sydney, Liverpool or Brisbane with lawyers who have years of experience between them.
Book for your free consultation via our website or call us on 1300 011 149 today.
