Compensation Claims & Compensation Payout Guides FAQs
See also:
Q: Why should I contact Aussie Law Consultants (ALC Lawyers)?
- Free Consultation
- Free Legal Advice
- Free Case Review
- "No Win, No Fee" Service
- Information on the claims process
Q: How do I make a claim for compensation?
A: Here is a quick easy compensation payout guide: Aussie Law's Six Step Claim Process
Step 1: Seek advice
Contact Aussie Law Consultants on 1300 13 67 26 for a free legal advice and a free case review to establish your legal positioning.
Step 2: ALC Lawyer contacts you
An ALC Lawyer will ask a series of questions about your accident and injury to gather facts.
Step 3: See if you qualify for a "No Win, No Fee" Arrangment
If you require the services of a "No Win, No Fee" representation and your case qualifies, you may instruct ALC Lawyers to proceed with your claim.
Step 4: ALC Lawyer proceeds with your claim
Your ALC lawyer will proceed with your claim this includes:
- Sending the respondent a letter of claim stating that you intend to claim for injuries suffered
- Requesting a medical expert to assess your injuries
- Preparing a schedule of losses listing all the losses you are claiming for
- Sending your claim asking the other party to request payment
Step 5: Claim is accepted
If your claim is accepted by the other party your ALC Lawyer will negotiate a 'claim amount'
If your claim is disputed it may have to go to Court if an agreement cannot be reached
Step 6: Claim is settled
If your claim is settled you are paid your compensation. If you choose not settle, the case may be taken to court but risks about disbursement fees come into play.
If your case does go to court and you win, you will receive compensation agreed or fixed by the Court and ALC legal costs (or part of). You can only get a bad result if the court awards you less than the insurance company previously offered – then you pay all costs!!
It is in the best interest for both parties involved to settle a claim as early as possible without it going to Court, but not at the expense of proper compensation.
Q: What sort of Injuries can I claim for?
A: Your personal injury may be minor, moderate or severe and there are various injury types including:
Head injury, or brain injury, back injury, whiplash injury, shoulder injury, broken bones including nose, arm, leg, finger or toe fractures including fractured shoulder, arm, leg or finger, loss of limb I.e the loss of a leg or arm, loss of finger, thumb or toe, wrist injury or hand injury, Injured finger thumb or toe, hip or pelvis injury, loss of sight or eye injury, loss of hearing, repetitive strain injury, burn injury (first, second or third degree burns), psychological effects of an injury including anxiety or depression, industrial diseases, Post Traumatic Stress Disorder, neck Injury, food Poisoning and there are many other injuries you can claim for.
Q: Can anyone make a claim?
A: Contact Aussie Law Consultants on 1300 13 67 26 to discuss the circumstances of your injury. Everyone has responsibilities and these may be shared between different parties. If you have been injured and some (or all) of the responsibility lies with another party i.e. employer, colleague, or driver there is a very good chance that you are entitled to make a claim. In certain circumstances there are 'no fault schemes' which means it doesn't matter who is at fault, so it is very important that everyone should seek specialist legal advice to be certain.
Q: How much compensation will I get?
A: You may be compensated for your pain, suffering and financial losses and the amount will relate to how serious your injury is and whether or not it is a permanent injury. In relation to losses as a general rule in QLD and NSW (restrictions apply) you may be awarded the difference between the financial position you were in before and are in now. Under common law this can take into account potential future earnings and medical or other expenses. In the NT you can claim for future earnings based on your past demonstrated earnings and future medical and other expenses. The NT operates a 'no fault' scheme where you can make a claim regardless of who is at fault.
Q: How long will it take?
A: It's difficult to determine exactly how long a claim will take. However, most claims are settled in 12 –18 months from the time of the accident. In many cases we have to wait for the injury to settle before the extent of the injury can be determined. Some other cases are less complex and do not need time to settle for example: the loss of a finger.
Q: What does No Win No Fee actually mean?
A: No Win No Fee means that if you do not win your claim for compensation, you do not have to pay any solicitor fees or costs. ALC Lawyers specialise in making no win no fee accident compensation claims easy and straightforward, with no hidden costs. We will tell you if your case is, or is not suitable for a no win no fee agreement. Our compensation lawyers will also explain the no win no fee agreement to you clearly before you make a compensation claim. If we advise against continuing a claim, it will not qualify for no win, no fee.
For more information on "No Win, No Fee" arrangements. Call 1300 13 67 26, or fill in the case review / enquiry form.
Q: What is Legal Aid and does it apply to me?
A: Legal aid is a means and merit tested scheme offering a free legal service to those who qualify. It does NOT apply to personal injury compensation claims and it usually applies to family or criminal matters.
Q: Will I have to pay a fee if I win my claim?
A: If your compensation claim is successful and you are awarded compensation we ask for permission to deduct general legal costs from your payout. Your ALC Lawyer will be able to explain this fully to you before your claim starts and you will be given of the payout amount (according to the compensation payout guide) and approximate fees.
Q: Can I claim compensation if my accident happened some time ago?
A: If you are over 18 and your accident happened in QLD you have three years from the date of the accident in which to commence Court proceedings unless you have a legal disability, or are a minor under 18 in which you have up to your 21st birthday to make a claim. In NSW complications can arise and you need to contact Aussie Law Consultants on 1300 13 67 26 for free legal advice.
Q: If my accident happened at work and I make a claim against them, can they dismiss me?
A: It is not legally justifiable for your employer to dismiss you for making an accident claim. It could amount to unfair dismissal and if you decided to take action we can refer you to a suitable lawyer who can help you. It is important to remember that your employer is required by law to take out insurance cover against staff accidents. This means that your employer's insurance company will pay your compensation, and not your employer.
Q: How do I know if I am eligible to make a compensation claim?
Call Aussie Law Consultants on 1300 13 67 26 as you may be eligible if you have suffered an injury - physical or psychological - which was caused by someone responsible for taking reasonable steps to prevent the risk of your injury and care for your safety but failed to - for example your employer, a fellow workmate or another driver. Even if no fault occurred by anyone you may still have a claim.
Q: Can I make a claim if my accident happened in another State or abroad?
A: Yes, compensation claims need to be lodged in the country or state in which it occurred but there are exceptions to this. One example is if an injury happened in Perth but your losses are suffered at home in QLD, you can lodge the claim in QLD. Contact Aussie Law Consultants on 1300 13 67 26 for the appropriate advice.
Q: Will I have to complete lots of paperwork?
No. Your solicitor will complete the necessary paperwork for you. You will need to check the details of your claim before it is put forward, and your solicitor can help you with this.
Q: Will I have to go to Court?
Attending Court is highly unlikely. It is in the best interests of all parties to settle out of court.
Q: What will other people think of me?
All compensation settlements are confidential (unless they go to Court) so you don't have to tell people if you don't want to. It is important to remember that accident victims are legally entitled to receive compensation when they have suffered injury. Common Law Claims succeed because someone else has been careless, or in breach of a duty. Most insurance companies already charge premiums to cover such incidents so there is no need for anyone to suffer in silence.
Q: What should you do if you have an accident at work?
First notify your employer. If you are injured and unable to carry out your usual everyday tasks including not being able to attend work for more than 2 weeks, then it is recommended you seek legal advice contact Aussie Law Consultants on 1300 13 67 26 for a free consultation and specialist personal injury advice.
Please supply details of when, where and how the accident occurred, including the extent of the injury sustained.
Note full privacy is assured.
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