When you've been injured due to someone else's negligence, it can be tempting to want to handle the compensation claim yourself. Perhaps you think you'll save money on legal fees, or maybe the process appears straightforward at first glance. However, insurance companies are well-versed in dealing with self-represented claimants, and unfortunately, their tactics can leave you with far less compensation than you deserve.
This blog post explores the risks of claiming compensation without legal representation, how insurance companies exploit self-represented individuals, and why having an experienced personal injury lawyer is often the key to achieving a fair outcome.
Insurance Companies Know the Game (And Play It Well)
Insurance companies are some of the biggest businesses in the world, and their goal is to pay as little as possible on claims. Their financial strength comes not just from collecting premiums but also from investing those funds while delaying or limiting claim settlements. When they see a claimant without legal representation, they often seize the opportunity to use tactics that undermine and manipulate the claims process to their advantage.
Some of the most common strategies include:
- Delays and Stalling
Insurance companies may drag out the process unnecessarily, knowing that self-represented claimants are less likely to understand their rights or the urgency of taking action. Prolonged delays can leave you frustrated and financially strained, which increases the likelihood that you'll settle for less.
- Lowball Offers
Many claimants underestimate the value of their claim. Without legal advice, it's easy to accept the first offer from an insurer—even if it's a fraction of what you could recover. Insurance adjusters rely on this lack of knowledge to push lowball offers, often presenting them as a "fair deal."
- Bad or Misleading Advice
Insurance companies are notorious for pretending to be the good guy. Some insurance representatives may offer advice that is legally incorrect or misleading. For example, they may downplay the significance of your injuries, suggest you don't need medical evidence, or claim that certain damages are not compensable.
While this advice might seem helpful at face value, it can seriously undermine your claim.
The Nuances of Queensland Personal Injury Law
Personal injury law in Queensland is governed by specific legislation, including the Personal Injuries Proceedings Act 2002 and the Civil Liability Act 2003. These laws set out strict procedures and requirements that must be followed when making a compensation claim.
Without legal experience, you may struggle to navigate these nuances. For example:
Time Limits: Missing critical time limits can completely bar you from making a claim. In most cases, you must start your claim within 3 years of the incident, but certain pre-court procedures must be followed much earlier. Failing to comply could mean forfeiting your right to compensation.
Liability and Causation: Proving negligence requires demonstrating that the other party breached their duty of care, and that this breach caused your injuries. Insurance companies will scrutinise every detail, and without strong evidence, they may deny liability entirely.
Assessing Damages: Calculating the full extent of your damages—including medical expenses, lost income, pain and suffering, and future losses—is a complex process. A lack of understanding could lead to significant underestimation of your claim's worth. Even an overestimation of damages can cause problems in a case in circumstances where a court will penalise a party heavily for not being reasonable with their mandatory pre-trial offers to settle.
Risks of Going It Alone
If you decide to represent yourself, the risks extend beyond low settlements. Without a lawyer:
- You may inadvertently accept partial fault, reducing your compensation.
- You might fail to protect your rights during pre-court procedures or negotiations.
- You may overlook key evidence that strengthens your claim.
Once you accept a settlement, there is usually no turning back. If you later realise the amount was insufficient, you cannot reopen the claim.
Why a Lawyer Levels the Playing Field
An experienced personal injury lawyer understands the tactics used by insurance companies and knows how to combat them. They ensure that:
- Your claim is lodged on time and follows all legal procedures.
- You have the necessary evidence to prove liability and the extent of your damages. Many claimants are surprised to learn that a court is not simply going to take their word for it.
- If you are required to attend an Independent Medico-Legal Examination (IME), you select the best and most qualified doctor to assist in proving the extent of your injuries.
- Insurance company is held accountable for fair negotiations, so you receive the compensation you deserve.
- The insurance company pays a contribution towards your legal costs in addition to your damages (where legislation permits).
Most personal injury lawyers work on a no win, no fee basis, meaning you don't pay legal fees unless your claim is successful. This arrangement gives you access to legal expertise without financial risk.
Related: 5 ways a personal injury lawyer will strengthen a compensation claim
Protect Your Rights
While it's possible to claim compensation for negligence without a lawyer, doing so comes with significant risks. Insurance companies are skilled at exploiting self-represented claimants through delays, lowball offers, and misleading advice. Queensland's personal injury laws are complex, and navigating them without legal assistance can jeopardise your claim.
By engaging a qualified personal injury lawyer, you protect your rights and maximise your chances of achieving fair compensation. Don't let the insurance companies win—seek legal advice and ensure your claim is handled properly from the outset.
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.