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Top 4 Tips on How to Win a Personal Injury Claim

Online Inquiry

Posted on

June 30, 2021

by

Medical Negligence, Motor Accident Compensation, Public Liability, TPD Claims, Workers Compensation
woman-win-compensation

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.

first tip - 1

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.

second tip - 2

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.

third tip - 3

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.

fourth tip - 4

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.

man-get-compensation-news

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.

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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A
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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A
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Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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