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6 November 2024

"Just, quick, and cheap" – what it means for your personal injury claim in NSW

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Carroll & O'Dea

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Established over 120 years ago, Carroll & O’Dea Lawyers offers expert advice and strong advocacy for clients. With a commitment to high-level service and legal expertise in all areas, they blend tradition with modern skills.
The Civil Procedure Act outlines three key objectives for handling cases. How these principles affect your personal injury claim.
Australia Litigation, Mediation & Arbitration

If you've been injured in an accident and are considering making a personal injury claim in New South Wales (NSW), you might come across the phrase "just, quick, and cheap." These words are much more than just legal jargon; rather they represent core principles that guide how courts handle cases like yours and what your lawyers must consider during the administration of your matter. Understanding what these words mean can help you navigate the claims process more effectively and set realistic expectations for your case.

1. What does "just, quick, and cheap" mean?

In NSW, the legal system is designed to resolve disputes in a way that is fair, efficient, and affordable. The Civil Procedure Act 2005 (NSW) outlines three key objectives for handling cases:

  • Just – ensuring fairness in the legal process.
  • Quick – resolving cases as swiftly as possible.
  • Cheap – keeping the costs of legal proceedings reasonable and proportionate.

These principles are intended to make the legal system more accessible and less burdensome for everyone involved—especially for individuals like you who are seeking compensation for an injury 1.

2. How these principles affect your personal injury claim

When you're dealing with the aftermath of an injury, the last thing you need is a long, drawn-out legal battle that costs a fortune. Here's how the "just, quick, and cheap" principles can work in your favour:

  • Fairness in your claim ("just")

The legal process is designed to be fair, ensuring that both you and the party responsible for your injury have an equal opportunity to present your sides of the story. This means you'll have a chance to provide evidence, such as medical records, witness statements, and expert opinions, to support your claim.

Fairness also means that the compensation you receive should accurately reflect the impact of your injuries. This includes not just your medical bills but also compensation for pain and suffering, lost income, and any future expenses related to your injury. The court will work to ensure that you receive a fair outcome that considers all aspects of your situation.

  • A swift resolution ("quick")

The legal system recognises that delays can be particularly harmful in personal injury cases. When you're injured, you may be facing financial stress due to lost wages or ongoing medical costs. The principle of a "quick" resolution is meant to help you get the compensation you need as soon as possible.

Courts often encourage settlement negotiations or mediation as a way to resolve cases more quickly than going to trial. If a fair settlement can be reached, it allows you to move forward without the stress of a prolonged court case. However, it's important that the process isn't rushed at the expense of getting a fair outcome—your lawyer will help balance the need for speed with the need for thoroughness.

  • Keeping costs reasonable ("cheap")

Legal costs can add up quickly, especially in complex personal injury cases. The principle of "cheap" is about making sure that the process is affordable and that you're not left with hefty legal bills that eat into your compensation.

Many personal injury lawyers in NSW work on a "no win, no fee" basis, which means you don't pay legal fees unless your claim is successful. You can read more about what "no win, no fee" means here. This can significantly reduce the financial risk of pursuing a claim. Additionally, the court may take steps to control costs, such as discouraging unnecessary legal procedures or penalising parties who cause delays that increase expenses.

3. Why these principles matter to you

Understanding the "just, quick, and cheap" principles can help you feel more confident about the legal process and what to expect. These principles are there to protect your interests and to make sure that your claim is handled fairly, efficiently, and without unnecessary expense.

However, it's important to work closely with a lawyer who understands the complexities of personal injury law in NSW. They can help you navigate the system, advocate for your rights, and ensure that your claim is resolved in a way that aligns with these principles.

Making a personal injury claim in NSW doesn't have to be a stressful or overwhelming experience. By understanding the guiding principles of "just, quick, and cheap", you can approach your claim with a clearer sense of what to expect and how the legal system is designed to work in your favour. With the right legal support, you can achieve a fair outcome that helps you move forward from your injury and get the compensation you deserve.

Footnote

1 Civil Procedure Act 2005 (NSW) s56.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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