Want to know our 4 top tips on how to win a personal injury claim? Our personal injury lawyers have prepared these 4 top tips based on thousands of claims.
1- Providing an honest and accurate history
Your credibility is the utmost important part of your claim because if your credibility is compromised then your prospects of achieving maximum compensation for your injury is already unlikely. That is because for you to receive compensation the insurer or decision maker needs to agree with your claim which means needs to accept your claim which includes what you have put forward. How can the insurer or decision maker do that if they simply do not believe you due to evidence that you are being dishonest or putting a claim against what the evidence suggests? For example, you may claim that you have never had pre-existing injuries prior to the accident despite your clinical notes revealing that you did in fact have pre-existing injuries. Had you informed your lawyer at the outset, then depending on the circumstances that may not even affect your claim and in fact will assist your lawyer and all parties in moving your claim forward based on accurate information, allowing them to claim maximum compensation. Of course, you are not expected to remember everything that occurred to you prior to the accident however it is important to appreciate that by providing an honest and accurate history you are not only doing the right thing but the best thing for your claim and for all the parties involved.
2- Understand what you can claim and what you can’t
Sounds simple right? Although it does sound simple, it is overwhelmingly missed despite it being one of the most important. 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 lawyer be certain all your potential losses are being claimed correctly? A 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. That’s why our personal injury lawyers take pride in breaking down the law for our clients to ensure they understand what their entitled to and how to claim those entitlements. That is why our clients have peace of mind when moving forward with their claim.
3- Evidence, evidence, and evidence
Again, that may sound simple, but it is unflattering when we see compensation claims being claimed to the very maximum without the necessary evidence. That is usually for two reasons. Either the injured client can’t provide it or unfortunately the injured client was not told the importance of it and what evidence is required when making a claim. For example, a client may claim that because of their injury they lost out on an opportunity which would have provided, but for the accident, more income to them. However, they provide no contemporaneous evidence, no correspondence, and no third-party evidence to support their claim. Evidence is crucial. Another common issue we have seen is when a client puts forward a claim that they have never had pre-existing injuries despite the evidence suggesting otherwise. To achieve the best possible result and maximum compensation, you need to prove what you claim with evidence and that evidence needs to be accurate with your claim. Whether it’s factual or medical, lacking evidence is one of the most significant missteps we see in poorly managed claims.
4- Expectations
The simple yet powerful word. Ensure 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 does increases is the legal fees due to your compensation claim continuing. You should weigh up all the options prior to rejecting an offer and prior to putting 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 personal injury lawyers specialise in TPD claims, motor accident compensation, workers compensation, medical negligence, public liability claims. If you have any questions or require more information on your claim please contact our personal injury lawyers for a free claim assessment on 1800 952 898. Our offices conveniently located in New South Wales and Western Australia.
