So you’ve been injured at work, in a car accident, falling over in a public place or through a medical procedure gone wrong. In any of these situations, you may be entitled to compensation for the injury you have sustained but be warned, there’s a lot of work involved.
In any claim for compensation, there is a lot to do: notifying employers, insurers, venue operators, etc., about the injury; gathering evidence; attending medical examinations; collecting reports; filling in forms; making deadlines for time limits. It can be overwhelming for an individual who decides to make a claim on their own.
When that long ‘to do’ list is combined with the power imbalance between you and the insurance company, the odds of the success of that claim can seem insurmountable. Insurance companies can call on experienced, expert lawyers who will work to either deny your claim, or significantly reduce the amount you might be paid.
Insurers may make an initial offer to a claimant designed to placate that person, rather than give them what they are actually entitled to. They may also present an agreement to the claimant which means no further claims can be made. In other situations, an insurer’s lawyers may bamboozle a claimant by suggesting they contributed to their injury, and are therefore entitled to a lesser amount.
For all these reasons it’s important that if you are making a personal injury compensation claim you secure the services of a specialist compensation lawyer. With proper, accredited representation, your claim will have the best chance of securing the right outcome.
Why is a specialist legal professional preferable?
Different types of compensation claim are covered by different pieces of government legislation. The process involved in making a workers’ compensation claim is different to that of a claim arising from a motor vehicle accident, medical negligence or public liability claims, for example.
The differences can involve what you can claim for (lost income, medical expenses, rehab, domestic assistance, travel, pain and suffering, etc.), what kind of medical assessment you need to undergo, how applications are made and how damages are assessed.
Law firms who concentrate exclusively on personal injury compensation claims will have legal specialists in each of the different types of claims, professionals who will be able to assess your claim in an initial consultation and offer an expert view as to how to your claim should proceed, including the amount of damages you may be entitled to.
The claims process
Evidence gathered to support a compensation claim is essential to its eventual success. Photos of the scene, eyewitness accounts, medical reports from doctors and specialists, police reports and more will be collated by your expert legal representative to include with your claim. This can be a time-consuming and sometimes stressful process.
Accuracy in the detail of your claim is highly important. An inaccurate description of an injury sustained in a car accident, for example, could see the insurer classify it as ‘minor’, potentially reducing the amount you may be entitled to by thousands of dollars.
In medical negligence claims, for example, detailed ‘medico-legal’ reports from medical specialists and other experts can be the difference between a successful and an unsuccessful claim.
Similarly, specialist lawyers can make sure other key details in your claim are accurate and correct. This may encompass the fact that your income is properly assessed, or that you receive payments to cover initial medical expenses (where available) before your claim is settled, or that your claim is filed within any statutory time limits.
Where your claim is rejected by an insurer, or you decide to dispute the insurer’s assessment of the amount you are entitled to, a specialist compensation lawyer can manage the negotiations involved in the dispute resolution process to ensure you get the best result. Similarly, if the matter ends up in court for resolution, your specialist lawyer has the experience to conduct court proceedings and to effectively advocate on your behalf.
Choosing a specialist compensation law firm
Personal injury compensation has become a crowded legal field. Billboards and metrolites will frequently advertise the services of ‘No Win No Fee’ law firms.
It’s best, however, to discuss your case with a firm like BPC Lawyers who have a proven, award-winning track record in personal injury claims. Our specialists in the areas of workers’ compensation, motor vehicle accidents, public liability, medical negligence, superannuation and product liability claims have years of experience successfully advocating for clients against the might and resources of insurers.
At BPC you’ll deal with a partner in the firm, and a specialist in the area of your claim. Call us now for a free case assessment on 02 8280 6900.