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WHAT CAUSED YOUR INJURY?

	Car Accident
	Slip & Fall in a Public Place
	Work Related injury
	Professional Negligence
	Defective Product or Service

PLEASE DESCRIBE WHAT HAPPENED & INJURIES YOU'VE SUSTAINED?

Please note that any information you provide will remain confidential & not passed on or sold to
anyone outside our law firm.

PERSONAL INJURY LAW - FREQUENTLY ASKED QUESTIONS

We have put together a list of answers to the most common questions that our clients ask us every day. To see the answers, please click on the appropriate question below.

QUESTION 1: DO I HAVE A CLAIM?
QUESTION 2: ARE THERE TIME LIMITS?
QUESTION 3: WHAT ARE MY RIGHTS TO COMPENSATION?
QUESTION 4: WHAT DO I NEED TO PROVE?
QUESTION 5: HOW IS THE COMPENSATION PAID, IE, PERIODICALLY OR IN A LUMP SUM?
QUESTION 6: HOW LONG WILL MY CLAIM TAKE?
QUESTION 7: WILL I HAVE TO GO TO COURT?
QUESTION 8: IS MY CLAIM LIKELY TO BE SETTLED?
QUESTION 9: WHO PAYS THE LEGAL COSTS?
QUESTION 10: WHAT COSTS WILL I HAVE TO PAY?
QUESTION 11: WILL I HAVE TO PAY TAX ON THE COMPENSATION I RECEIVE?
QUESTION 12: WHAT WILL THE INSURER PAY WHILST THE CASE IS BEING PREPARED?
QUESTION 13: CAN I GO BACK TO WORK?
QUESTION 14: WHAT IF I LOSE?
QUESTION 15: WHAT IF I AM HELD TO BE PARTIALLY TO BLAME FOR THE ACCIDENT?
QUESTION 16: WILL I HAVE TO SEE ANY DOCTORS?
QUESTION 17: IS THE INSURANCE COMPANY LIKELY TO FOLLOW ME AROUND AND SPY ON ME?
QUESTION 18: HOW OFTEN WILL I NEED TO SEE YOU?

Question: Do I have a claim?

Motor Vehicle Accident
If you have been injured in a road accident, You are entitled to receive compensation (i.e. damages) if you can prove that the accident was caused by the driver of a motor vehicle, even if the identity of that vehicle is unknown( e.g. hit and run) and even if you were partly responsible for the accident yourself.

Public Liability (Slip & Fall)
You have been injured in an accident which was not a motor vehicle accident or a work accident. Accordingly you may be entitled to receive compensation (i.e. damages) if you can prove that the accident was caused by the negligence (i.e. fault) of a person or corporation, even if you were partly responsible for the accident.

Work Injury
You have been injured in an accident at work or have become ill because of your working conditions. As a consequence you may be eligible to claim compensation to cover your time off work and to pay for your medical expenses. If your injuries are found to be permanent, you may also be able to claim some lump sum compensation and possibly further lump sums for pain and suffering.
You may also have a claim for damages if your injury has been caused by the negligence of your employer or someone else.

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Question: Are there time limits?

Motor Vehicle Accident
Yes. In motor vehicle cases a completed signed claim form must be sent to the relevant insurer within 6 months of the road accident. It is possible to extend this time period. However, it is important to submit the claim form in time, if possible.

Public Liability (Slip & Fall)
There is no need to submit a claim form, but it is advisable to give a written notice to the person or company at fault, without delay. Court proceedings must be commenced within 3 years.

Work Injury
Yes. Under s261 of the Workplace Injury Management and Workers Compensation Act 1998, a claim for workers compensation is to be made within 6 months of injury or of first becoming aware of the injury. However, if the claim is made outside the 6 month period and within 3 years, the claim will be accepted if the injured worker can establish that the claim was not made within 6 months because of ignorance, mistake, absence from the State or other reasonable cause. The claim can sometimes be made after 3 years if it is a death claim or claim for serious and permanent disablement of the worker. There are also instances where the claim can be accepted after the 3 year time limit.
A claim for damages must be made within 3 years of the date of injury, although there are some exceptions to that time limit.

Question: What are my rights to compensation?

Motor Vehicle Accident
You are entitled to receive compensation (i.e. damages) if you can prove that the accident was caused by the driver of a motor vehicle*, even if the identity of that vehicle is unknown ( e.g. hit and run) and even if you were partly responsible for the accident yourself.

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Question: What do I need to prove?

Motor Vehicle Accident
You may be entitled to receive compensation (i.e. damages) if you can prove that the accident was caused by the negligence (i.e. fault) of a person or corporation, even if you were partly responsible for the accident.
The onus is on you (by us) to prove every aspect of your claim, on the balance of probabilities. The insurance company doesn’t have to prove anything except the extent to which you may have been responsible for the accident.

Public Liability (Slip & Fall)
You may be entitled to receive compensation (i.e. damages) if you can prove that the accident was caused by the negligence (i.e. fault) of a person or corporation, even if you were partly responsible for the accident.
The onus is on you (by us) to prove every aspect of your claim, on the balance of probabilities. The insurance company doesn’t have to prove anything except the extent to which you may have been responsible for the accident.

Work Injury
That your employment has been a substantial contributing factor to your injury.

Question: How is the compensation paid, ie, periodically or in a lump sum?

Motor Vehicle Accident
Compensation will be paid in a once and for all lump sum, which will be tax free.

Public Liability (Slip & Fall)
Compensation will be paid in a once and for all lump sum, which will be tax free.

Work Injury
A combination of periodic payments and lump sum payments.

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Question: How long will my claim take?

Motor Vehicle Accident
This depends on the severity of the injuries and the type of claim. Your claim will not be finalised until your injuries have stabilised and a long term prognosis can be made.
Most claims should take less than 2 years. If the injuries stabilise reasonably quickly and a long term prognosis can be made, your claim can be finalised more quickly.

Public Liability (Slip & Fall)
This depends on the severity of the injuries and the type of claim. Your claim will not be finalised until your injuries have stabilised and a long term prognosis can be made. Generally claims conclude within 2 years of the date of the accident. Naturally if the injuries stabilise reasonably quickly and a long term prognosis can be made, your claim can be finalised more quickly.

Work Injury
The length of time that will be involved in obtaining your compensation depends on a lot of factors. If there is no dispute about the claim, you will be paid the weekly benefits quickly. Any claim for permanent injury cannot be started until the injury has stabilised, and this could take anything from weeks to years, depending on the nature of the injury. Once an injury has become permanent, and a claim can be made, it could take anywhere between 2 months and 9 months for a payment to be received, depending on whether agreement can be reached easily with the insurer, or whether your entitlements have to be determined by a hearing in the Workers Compensation Commission.
A claim for damages cannot be commenced until any dispute about permanent impairment is resolved. It will then normally proceed to mediation.

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Question: Will I have to go to court?

Motor Vehicle Accident
Probably not. Over 85% of cases settle without going to Court. In fact most claims settle without Court proceedings even being commenced. If liability has been admitted by the insurance company it is likely that your claim, if not settled, will be assessed by an assessor appointed by the Motor Accidents Authority.

Public Liability (Slip & Fall)
Probably not. Over 85% of cases settle without going to Court. In fact most claims settle without Court proceedings even being commenced. If liability has been admitted by the insurance company it is likely that your claim, if not settled, will be assessed by an assessor appointed by the Motor Accidents Authority.

Work Injury
Probably not. If there is a dispute the claim will be assessed by a WorkCover medical specialist or by an Arbitrator appointed by the Workers Compensation Commission. A claim for damages will probably be referred to mediation.

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Question: Is my claim likely to be settled?

Motor Vehicle Accident
Yes

Public Liability (Slip & Fall)
Yes

Work Injury
Yes

Question: Who pays the legal costs?

Motor Vehicle Accident
If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third. We will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case. In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

Public Liability (Slip & Fall)
If your claim is successful the insurance company will pay most of the legal costs. You will have to pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third.
We will pay all the disbursements e.g. fees for medical reports and be reimbursed at the end of the case.
In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements although the insurance company may seek to recover its costs against you.

As a result of the Civil Liability Act 2002 the following applies:

(a) If the verdict you receive from the Court is $100,000.00 or less, the maximum allowance for legal services provided to you by us or by a barrister, which the insurer must pay is 20% of the verdict or $10,000.00, whichever is the greater sum, e.g. if you receive a verdict from the Court of $20,000.00 the insurer will only have to pay legal costs, including barrister's fees, of up to $10,000.00.

(b) Costs for legal services do not include disbursements e.g. interpreter's fees, fees for medical reports, witnesses expenses.

(c) The restrictions on legal fees do not apply to the amount of costs payable by you, over and above the costs recoverable from the insurer (pursuant to our Costs Agreement). This means that if the total legal costs in successfully concluding your claim exceeds 20% of the verdict (or $10,000.00, whichever is greater), you will have to pay the difference. Fortunately we expect that we will be able to recover most of the legal costs from the insurer on the successful conclusion of your claim

(d) We cannot commence Court proceedings in your case unless we believe that your claim has reasonable prospects of success. We actually have to certify to the Court that we have this belief. This provision will make no material difference to the way we conduct cases because we never commence Court proceedings in a case unless we believe the claim has reasonable prospects of success.

Work Injury (workers compensation)
You are protected, by law, from having to pay any fees for your lawyers' work on your case, with the exception of cases of fraud. Your lawyer will be paid for his or her work by the insurance company if your case succeeds. If you lose your case, and it is determined that the whole of the claim was a fraud or sham, the insurance company is entitled to seek an order that you pay its costs for the claim, and your own lawyer may also choose to ask the court for an order that you pay his or her fees. Your own lawyer should tell you in advance whether it is his or her policy to seek an order for payment of costs in a case of fraud.

Work Injury (damages)
If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third. We will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case. In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

Question: What costs will I have to pay?

Motor Vehicle Accident
If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third. We will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case.
In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

Work Injury (workers compensation)
Generally, nothing. We will pay for all medical reports required to prove your case. We will be reimbursed for those costs by the insurance company.
You are protected, by law, from having to pay any fees for your lawyers' work on your case, with the exception of cases of fraud. Your lawyer will be paid for his or her work by the insurance company if your case succeeds.
If you lose your case, and it is determined that the whole of the claim was a fraud or sham, the insurance company is entitled to seek an order that you pay its costs for the claim, and your own lawyer may also choose to ask the court for an order that you pay his or her fees. Your own lawyer should tell you in advance whether it is his or her policy to seek an order for payment of costs in a case of fraud.

Work Injury (damages)
If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third.
We will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case.
In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

Question: Will I have to pay tax on the compensation I receive?

Motor Vehicle Accident
Compensation will be paid in a once and for all lump sum, which will be tax free.

Public Liability (Slip & Fall)
Almost identical to above.

Work Injury
Tax is payable on weekly compensation payments but not on lump sum payments.

Question: What will the insurer pay whilst the case is being prepared?

Motor Vehicle Accident
If liability has been admitted, pay your ongoing medical expenses, although insurers often don’t conduct themselves as they should.
Once liability has been admitted, wholly or in part, pay your ongoing reasonable and necessary medical expenses, as incurred. In serious cases, pay for care provided on a commercial basis (e.g. Dial-An-Angel), home and transport modifications etc. Note the insurer does not have to pay your lost wages/income.

Public Liability (Slip & Fall)
The insurer is not obliged to make any payments before the claim is concluded e.g. it won't pay your medical expenses.

Work Injury

1. Weekly Payments: If the insurance company does not commence your weekly payments of compensation within 7 days of lodgement of your workers compensation claim form your solicitor can lodge an Application for Interim Payment Direction with the Workers Compensation Commission on your behalf. The Registrar of the Commission will generally order that the insurance company should commence payment of your weekly compensation benefits for a period of not more than 12 weeks unless the Registrar feels that the claim does not have good prospects of success, you have returned to work, your injury was not reported as required or there is insufficient medical evidence available. At the expiration of the 12 week period, you can apply for another interim payment order which will last for another twelve weeks. You can apply for as many interim payment directions as you require until you have come to some sort of agreement with the Insurance Company or the Workers Compensation Commission hears your case.
2. Medical Expenses: If the insurance company does not commence payment of your medical expenses within 21 days of lodgement of your claim form an Application for an Interim Payment Direction can be made by your solicitor, the same as for wages, however, you are restricted to a maximum amount of $7,500.00 being paid per payment direction. If you need more than $7,500.00 paid for your treatment expenses and the insurer does not agree then you will need the assistance of a Solicitor to lodge an Application for Resolution of a Dispute in relation to same and the Workers Compensation Commission will appoint an Arbitrator to hear your case and make a decision concerning the Insurance Company's liability in relation to the expenses.

Question: Can I go back to work?

Motor Vehicle Accident
If you can return to work, you should, provided your doctor certifies you to be fit to return to work.
If you were working at the time of the accident or if you had the potential to earn income and your injuries have stopped you from working or from realising your potential you are entitled to claim the loss of income e.g. wages - except for the first 5 days from the date of the accident.
The claim includes loss of income or income earning potential from the date of the accident (except for the initial 5 day period) and for as long as your injuries will continue to affect your ability to work.

Public Liability (Slip & Fall)
If you can return to work, you should, provided your doctor certifies you as fit to return to work. If you were working at the time of the accident or if you had the potential to earn income and your injuries have stopped you from working or from realising your potential you are entitled to claim the loss of income e.g. wages - except for the first 5 days from the date of the accident.
The claim includes loss of income or income earning potential from the date of the accident (except for the 5 day period) and for as long as your injuries will continue to affect your ability to work.

Work Injury
If you can return to work, you should – provided your doctor certifies you as fit to return to work. Your employer and workers compensation insurer should assist you in returning to suitable work.

Question: What if I lose?

Motor Vehicle Accident
In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

Public Liability (Slip & Fall)
In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements we have paid. The insurance company may however seek to recover its costs against you.

Work Injury (damages)
In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements we have paid. The insurance company may however seek to recover its costs against you.

Question: What if I am held to be partially to blame for the accident?

Motor Vehicle Accident
If you were partly responsible for the accident the amount of compensation you receive will be reduced by the level of your responsibility(e.g. 50% your fault means a 50% reduction in compensation.)

Public Liability (Slip & Fall)
If you were partly responsible for the accident the amount of compensation you receive will be reduced by the level of your responsibility(e.g. 50% your fault means a 50% reduction in compensation.)

Work Injury (workers compensation)
It does not matter.

Work Injury (damages)
If you were partly responsible for the accident the amount of compensation you receive will be reduced by the level of your responsibility(e.g. 50% your fault means a 50% reduction in compensation.)

Question: Will I have to see any doctors?

Motor Vehicle Accident
The insurer will make appointments for you to be medically assessed by its own medico-legal doctors.
You will need to:
1. Attend all medical appointments arranged for you, and co-operate with doctors who have been asked to assess you, whether they be doctors appointed by us or by the insurer or by the Motor Accidents Authority
2. Keep us informed of your medical condition, progress, employment situation, change of address, change of circumstances. There is no need to phone us on a regular basis. Rather you should make a note of all the changes and bring us up to date at our regular meetings or pre-arranged phone conferences.
3. Forward all accounts, receipts, invoices etc in relation to medical expenses, including physiotherapy expenses, to us, in the self addressed, stamped envelopes provided, so that we can apply to the insurer for a refund for any payments you have made and also so we can prepare a schedule of your claim for medical expenses to present to the insurance company and/or to the assessor/Court in due course.
4. Get on with your life, if possible e.g. if you can return to work, you should, provided your doctor certifies you to be fit to return to work.

Public Liability (Slip & Fall)
The insurer will make appointments for you to be medically assessed by its own medico-legal doctors.
You will need to:
1. Attend all medical appointments arranged for you, and co-operate with doctors who have been asked to assess you, whether they be doctors appointed by us or by the insurer or by the Motor Accidents Authority
2. Keep us informed of your medical condition, progress, employment situation, change of address, change of circumstances. There is no need to phone us on a regular basis. Rather you should make a note of all the changes and bring us up to date at our regular meetings or pre-arranged phone conferences.
3. Forward all accounts, receipts, invoices etc in relation to medical expenses, including physiotherapy expenses, to us, in the self addressed, stamped envelopes provided, so that we can apply to the insurer for a refund for any payments you have made and also so we can prepare a schedule of your claim for medical expenses to present to the insurance company and/or to the assessor/Court in due course.
4. Get on with your life, if possible e.g. if you can return to work, you should, provided your doctor certifies you to be fit to return to work.

Work Injury
The insurer will make appointments for you to be medically assessed by its own medico-legal doctors.
You will need to:
1. Attend all medical appointments arranged for you, promptly and co-operate with doctors who have been asked to assess you, whether they be doctors appointed by us or by the insurer.
2. Keep us informed of your medical condition, progress, employment situation, change of address, change of circumstances. There is no need to phone on a regular basis. Rather you should make a note of all the changes and bring us up to date at our regular meetings or pre-arranged phone conferences.
3. Get on with your life, if possible e.g. if you can return to work, you should, provided your doctor certifies you as fit to return to work.

Question: Is the insurance company likely to follow me around and spy on me?

Motor Vehicle Accident
Maybe, but there is nothing to fear if you act honestly and tell the truth at all times

Public Liability (Slip & Fall)
Maybe, but there is nothing to fear if you act honestly and tell the truth at all times

Work Injury
Maybe, but there is nothing to fear if you act honestly and tell the truth at all times.

Question: How often will I need to see you?

Motor Vehicle Accident
From time to time we’ll need to communicate with you to obtain updates in relation to your medical condition, etc.

Public Liability
From time to time we’ll need to communicate with you to obtain updates in relation to your medical condition, etc.

Work Injury
From time to time we’ll need to communicate with you to obtain updates in relation to your medical condition, etc.

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