Time and time again as a Senior Personal Injury Lawyer, I see clients who have been injured and have a personal injury claim be lost and confused which is understandable. That is regardless of whether it’s a Total and Permanent Disability, car accident injury, psychological injury or industrial deafness. Whilst hiring a personal injury lawyer for your claim is essential in my opinion, your claim’s success is mostly if not wholly dependent on not only your injuries and losses but also on what actions you took during the claims process. Here are the most important 4 things you need to know when claiming compensation for your injury.
1- Credibility – will you be trusted and believed?
2- What are you entitled to and what time frame and limits apply to your compensation claim?
Knowledge is success and success in personal injury are the best compensation benefits and/or payout you are entitled to claim. Despite having over 14 years of experience, I still nod my head at the amount of time I see injured people not understand what actual compensation they are entitled to and what time limits apply to their compensation claim.
Yes, your compensation claim lawyer should tell you, clearly, what compensation benefits and/or compensation payout you are entitled to and what time limits apply. However, in my own experience, I have seen that I get better results than others due to my clients’ knowing the details of what compensation we are claiming, why, and what time limits apply. For example, in a worker’s compensation claim, it is not good enough for you to know that you are entitled to wages, medical expenses, lump sum, and a lump sum payout if your injuries are 15% or greater whole person impairment. You should also know the details such as for how long are you entitled to wages, and medical expenses, for example, and on what basis.
It is overwhelmingly missed despite it being one of the most important things to know when making a compensation claim. If you as the client don’t understand what you are entitled to and what you are not entitled to, how can you and your personal injury lawyer be on the same page as to what compensation should you claim and in what time frame? What if for you, resolving your claim in a certain time frame is more important than going down a certain path for claiming something else or vice versa?
The only way you will know you are receiving the maximum compensation for your injury is if you know the maximum entitlements for a claim like yours. A personal injury lawyer can only act on instructions and if you are not aware then how will you be able to provide proper instructions that will allow your lawyer to claim maximum compensation? It goes both ways.
What about time limits in a personal injury claim?
There are strict time limits that apply to all personal injury claims and being aware of those time limits is important because it could mean that you could miss out on claiming compensation due to not following those time limits. Each personal injury claim has its timeframes and time limits. Feel free to click here for the specific time limits or please contact us and I will tell you once I understand the details of your injury in our free claim check.
I take pride in breaking down the law for our clients to ensure they understand exactly what their entitled to and how to claim those entitlements, what it will mean in terms of the time frame, and what time limits apply.
3- Evidence – you and your personal injury lawyer claiming something on its own is not enough!
4- Expectations – what are you expecting vs what is the most likely result you will get?
The simple yet powerful word. Discussing expectations is just as important as gathering evidence. Whilst your friend may have received a certain amount for a certain claim which may be the same type of claim as yours, each personal injury claim is unique. For that reason it’s crucial you understand what your compensation claim is worth as soon as possible. Especially, before rejecting a reasonable offer and/or proceeding to court. Just because your claim proceeds, doesn’t mean your compensation entitlement will. What increases are the legal fees due to your compensation claim continuing?
You should weigh up all the options before rejecting an offer and before putting in an offer. Even if you could obtain greater compensation, consider whether that compensation will still be greater for you after legal costs and disbursements are deducted. You need to consider whether it will make a difference to what you receive in hand. Having noted that, of course, there are many situations when it is important to reject offers and continue until the end, however, do it based on knowledge and reasonable expectations rather than emotions and logical fallacies. Although it may be difficult to know exactly what your claim is worth at the outset of your claim once your personal injury lawyer has enough evidence and medical information in support of your claim you should understand the range of what your claim is worth.
Free personal injury claim assessment
Our team consist of TPD lawyers, motor accident lawyers, workers compensation lawyers, medical negligence & public liability lawyers. If you have any questions or require more information on your claim please contact our experienced lawyers for a free claim assessment on 1800 952 898. Our offices conveniently located in New South Wales and Western Australia.