ARTICLE
22 February 2023

5 ways a personal injury lawyer will strengthen a compensation claim

RL
Roche Legal

Contributor

Roche Legal is a leading Queensland-based No Win No Fee law firm with offices in Brisbane City, Springwood, and Caloundra. Roche Legal’s primary practice areas are: Motor Vehicle Accident Claims Workplace Accident Claims Public Place Accident Claims (and Private Places) Historical & Institutional Sexual Abuse Claims Total and Permanent Disability (TPD) Claims (for Serious Personal Injuries)
If you have been injured in an accident, it is worth considering hiring a personal injury lawyer to help with your claim.
Australia Litigation, Mediation & Arbitration
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If you have been injured in an accident, you may be entitled to compensation for your losses, including medical expenses, lost income, and pain and suffering.

Whilst you're entitled to bring your claim for personal injuries without any representation, it is usually a terrible idea to do so. Roche Legal regularly receives phone calls from individuals who represented themselves but are not happy with a sub-par settlement offer they accepted, not knowing better at the time.Â

For example, in 2022, we received a call where a victim of a motor vehicle accident accepted a settlement of approximately $75,000 for a serious injury to his ankle and shoulder. Upon our review, we believed the claim was worth around $550,000 if it was conducted properly. Unfortunately, the settlement could not be undone. When we asked why the claim was resolved for such a small amount, we were told "that's all the insurance company said it was worth". For the record, the insurance company was Suncorp.

Never trust or take advice from an insurance company. They are not on your side - they are directly opposing your claim.

Apart from avoiding a disaster scenario like the above, using a personal injury lawyer can help to strengthen your compensation claim in a number of ways. Here are five ways that a personal injury lawyer can help to improve your chances of success in a compensation claim:

  1. A personal injury lawyer can provide expert advice and guidance. Personal injury law can be complex and difficult to navigate, especially for individuals who are not familiar with the legal system and the elements of negligence that must be proven to establish liability for the injuries on the other side. A personal injury lawyer has the knowledge and experience to provide expert advice and guidance throughout the claim process.
  2. A personal injury lawyer can help to gather and organise evidence. In order to succeed in a compensation claim, it is important to have strong evidence to support your case. A personal injury lawyer can help to gather and organise the necessary evidence, including medical records, appropriate medico-legal reports, witness statements, and other relevant documents. A good law firm will also fund the cost of these disbursements (which may be substantial) so that you are not financially disadvantaged.
  3. A personal injury lawyer can help to negotiate with the other party. In many cases, personal injury claims are settled out of court through negotiations with the other party. A personal injury lawyer can help to negotiate a fair and reasonable settlement on your behalf.
  4. A personal injury lawyer can represent you in court. If your case goes to trial, a personal injury lawyer can represent you in court and advocate for your rights and interests. Sometimes the court is also required to intervene before a trial if the other side is not cooperating as they are required to by law. Your lawyer will advise you of your rights and options to compel the other side to take particular action in your favour.
  5. A personal injury lawyer can help to maximise your compensation. A personal injury lawyer can help to ensure that you receive the maximum amount of compensation possible for your injuries and losses.

Overall, using a personal injury lawyer can provide a number of benefits in a compensation claim. A personal injury lawyer can provide expert advice, gather and organise evidence, negotiate with the other party, represent you in court, and help to maximise your compensation. If you have been injured in an accident, it is worth considering hiring a personal injury lawyer to help with your claim.

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