LAWYER HELPLINE: ☎ 1800 339 958

We are a firm of specialist litigation solicitors who are dedicated to obtaining financial redress for the victims of civil wrongs through mediation, negotiation and litigation in Australia's law courts. Our injury compensation solicitors deal with contested matters and have a long history of defending the rights of ordinary working people. We believe in justice and fairness for all. Our injury compensation solicitors also deal with a wide range of other litigious issues including fighting on behalf of multiple victims by invoking class action legislation.

If you have been injured in an accident or have lost a loved one as a result of an accident, you may be entitled to claim compensation. It is important that you seek legal advice from an injury compensation solicitor as soon as possible. There are time limits and thresholds which apply to accident claims, and our team of solicitors can advise you on these matters. Speak with us today to find out how we can help you obtain the compensation that you deserve.

What We Do

Our injury compensation solicitors specialise in the following areas of law :-

Car Accidents

If you have been injured on the road, you may be entitled to car accident compensation. In Australia, each State and Territory has its own car accident compensation claim scheme. For example, in New South Wales, persons injured on the road may be eligible for motor vehicle accident compensation. The NSW scheme is administered by the Motor Accidents Authority. In Victoria, these claims are referred to as TAC compensation (TAC being the Transport Accident Commission).

A person injured as a result of a car accident may be eligible for reasonable and necessary medical, pharmaceutical, rehabilitation, respite care and attendant care expenses. They may also be entitled to compensation for loss of income and out of pocket expenses, and payment for their pain and suffering.

Workers Compensation

Each Australian State and Territory operates its own scheme for workers compensation for persons who are injured as a result of their work. In Victoria, for example, Worksafe manage the workers compensation scheme. Injured workers may be eligible for weekly payments, treatment expenses (physiotherapy, chiropractic, osteopathy, optometry, dental, acupuncture, counselling) and permanent impairment entitlements.

Work Injury Claims

Our injury compensation solicitors deal with work injury accident claims including occupational illness. Our aim is to ensure that the victim of an accident at work receives quality, competent legal advice at no cost from expert personal injury solicitors. All of our lawyers are able to represent you on a no win no fee basis. Compensation is paid in full with no deductions. Win or lose there is no charge.

Public Law

Public Law refers mainly to trips, trips and falls that cause personal injury in both public and private places including residences, work places and roads or pavements. Compensation claims are usually made following injury due to unsafe or inadequately maintained property and premises that members of the public may visit whilst going about their normal day to day business. Both the owners and occupiers of these locations may be liable to pay compensation for personal injury to a visitor as a result of negligence.

Compensation Awards

The underlying principle is that the injured person should be able to recover compensation to the extent that would put them back into a financial position as if the event did not occur.

Damages awards claimed by personal injury solicitors will usually include the following components:-

• General damages include payment for pain and suffering and loss of amenities. These items are not precisely calculable and require a degree of assessment. A judge will consider the particular injury and take into account other precedent cases of similar injuries when assessing damages.

• Special damages cover payment for economic loss including loss of earnings both past and future, cost of domestic care, adapted accommodation, rehabilitation aids and other out of pocket expenses.

If it is proven that negligence occurred causing damage, then you will be entitled to an award of compensation. The judge will listen to the arguments put forward by your injury compensation solicitor and will consider all the circumstances of your case in order to assess the extent of your loss. The judge will look at the following factors in determining how much you can claim:

• medical history relative to the accident injury
• present condition from which you are suffering
• results of any medical examinations before or after the accident
• results of diagnostic procedures - x-ray, scans, pathology etc
• diagnosis and prognosis of your condition
• were the injuries were caused by the accident
• has your medical condition stabilised
• is any prospect of further improvement or deterioration
• is there any residual disability and its extent
• is more treatment required and its potential effect
• are you fit for any work and if so, what type of work
• cause and extent of any loss of capacity for work
• If it is alleged that a pre-existing disease or condition has been aggravated, the extent to which that aggravation is continuing and the effect of the aggravation on your ability to work; whether that disease or degeneration may occur in the future.

Many victims of accidents have had their lives irrevocably altered and feel a strong sense of injustice. More often than not they are in pain and have a sense of loss of control over their lives. Many may be unable to meet bills, unable to pay their mortgage or meet their rent following an accident. The law attempts to restore the accident victim to their original position prior to the accident, by compensating for any injuries, loss or damage incurred as a result of somebody else's failure to take reasonable care.

Loss of Earnings

Factors considered by a personal injury solicitor in assessing compensation awards for loss of earnings:-

• The plaintiffs financial circumstances prior to the accident. This may be useful as a guide as to what the plaintiff would have earned but for the accident.

• Where an employed individual has suffered economic loss as a result of the accident the following information should be considered :-

  • Personal income tax returns and detailed payroll history.
  • A detailed statement of the plaintiffs employment history.
  • The plaintiffs educational and other qualifications.
  • Full details of the plaintiffs remuneration.
  • Plaintiff prior career goals and likely promotional path.
  • Details of the plaintiffs pre-accident and post-accident employment.

• Where a persons business has suffered as a result of a personal injury, then the tax returns of that business entity should be obtained, including profit and loss statements and balance sheets for at least 4-5 years prior the accident. Consideration should be given to a claim of loss of gross profit, the cost of replacement labour, and any additional or increased costs.

Interim Damages Payment

Sometimes a defendant admits liability, that is that they were negligent, but continues to fight the case on the issue of quantum (i.e the amount that you should be awarded). It may take many months before your case reaches a hearing before a judge and the compensation awards are determined. Your personal injury solicitor may apply on your behalf for an interim payment of damages. This means that the defendant pays you some of your money now and the court later decides as to how much more needs to be paid. If you are suffering from severe financial hardship as a result of the accident, then you should speak to your solicitor about whether you can make a claim for an interim payment.

Contributory Negligence

Even if you were partly at fault for the cause of an accident you can still claim a percentage of the compensation for personal injury that would have been awarded to you on a full liability basis with the reduction reflecting your share of the liability. Accident claim solicitors refer to this as the doctrine of 'contributory negligence' which apportions blame between those involved in an accident. In the case of serious injury it makes sense, considering the sums involved, for the trained legal mind of an experienced injury compensation solicitor to explore the possibility of apportioning some of the blame onto the other driver, even though the injured victim may believe that the accident was entirely their own fault.

Time Limits

The law places time limits within which legal proceedings must be commenced for personal injury compensation. In Australia you only have three (3) years from the date of an accident within which to settle a claim or commence legal proceedings. Failure to commence legal proceedings within the time frame stipulated by the law will result in your action becoming statute-barred, that is, you will be prevented from commencing proceedings at all which is why you should seek legal advice as soon as possible. Contact our accident compensation solicitors today for legal advice.

All accident compensation claims in Australia must be lodged within the time period specified by law. This time limit varies depending on the type of claim and the jurisdiction involved. As soon as you are injured at work, in a car accident or become aware of a potential injury that may be the result of negligence, your priority should be to seek medical attention. Secondly, you should contact an injury compensation lawyer for legal advice. Failure to lodge a claim or commence legal action in time may result in you losing out on compensation. For information and advice as to your legal rights, contact one of our injury compensation solicitors today.

Injury Compensation Solicitors

Our injury compensation solicitors offer free advice and a friendly helping hand at a difficult time. In some matters we offer pro bono work with no legal charges whatsoever and we may be able to use the no win no fee scheme in suitable cases. If you would like to receive legal advice with no charge and no further obligation from a specialist compensation lawyer just use the contact form, or call the helpline or email our office.

Our no win no fee solicitors deal with personal injury claims using a risk free conditional fee agreement and pay compensation in full with no deductions. Win or lose there is no charge. If you would like advice with no further obligation from an accident compensation solicitor just use the helpline or complete and send the contact form:-

• You do not have to contribute financially to your claim.
• Whether you win or lose your case, you will not pay a penny.
• Your compensation will be paid in full with no deductions.
• You will not have to pay for any medical fees or expenses.
• You will not have to buy any insurance.

Catastrophic Injury

Our Australian injury compensation solicitors have the experience necessary to deal with claims for serious injuries and they offer specialities in all major areas of catastrophic injury litigation including fatal accident and wrongful death claims. Catastrophic injury as a result of an accident, caused by the negligence of another person, inevitably occurs without warning and can permanently alter the lives of victims and their families. These injuries can include traumatic brain damage, a severed spinal cord, amputations, the loss of sight, burn and scald injuries and a catalogue of damage caused as a result of multiple fractures and organ failure. Most people who suffer from catastrophic injuries don't have the resources to cover the expenses that are incurred and whilst money can never adequately compensate for serious personal injury it can pay for the long term care that permanent or chronic injury can require and make life more comfortable for the victim. In addition to payment for expenses and care an award of compensation can also be made for the victims pain and suffering which takes into account the severity of the injury and the extent of any long term disabilities or chronic illness. If you or a member of your family has suffered serious injury you should take great care in the selection of a firm of accident claim solicitors to represent you in negotiations for a compensation settlement or in legal proceedings before a court of law. It is simply not sensible to trust to luck when it comes to choosing legal representation in a catastrophic injury case where a specialist lawyer familiar with serious injury litigation can make the difference between success and failure.

Essential Evidence

• name and contact details of all others involved in the accident
• name and contact details of any witness to the accident
• record insurance details of all others involved in the accident
• make a handwritten record of the entire incident
• record date and time of the accident location
• record weather and road conditions
• note the registration number, make and model of all vehicles
• do not admit liability or sign written statements at the scene
• record names and numbers of the attending police officers.
• draw a diagram of the accident location
• photograph the location and damage to all the vehicles
• Visit your doctor or a hospital asap to document injuries
• take photographs of any visible injury
• Keep a daily diary of your symptoms
• Record all expenses and property damage - retain receipts

Injury Claim Preparation

In order to be able to give you advice, an accident compensation solicitor will ask you a series of questions and request documentation and information at your initial consultation including :

• full name and current address, date of birth and marital status
• complete history of employment and educational background
• driving experience and license details
• vehicle insurance details including a copy of the policy
• date, time and location of the accident
• light and weather conditions at the time of the accident
• full details of the accident location
• direction of travel, type and width of the road and speed limit
• details of intersection, traffic control signals and traffic lights
• colour of any traffic lights immediately prior to impact
• traffic conditions
• whether or not street lights and vehicle lights were on
• colour, makes and registration numbers of all vehicles
• names and addresses of all drivers of vehicles involved
• whether or not seat belts were fitted and worn
• whether or not any person was affected by alcohol or drugs
• direction of travel and estimated speeds at the point of impact
• details of the extent of vehicle damage
• witnesses to the accident including contact details
• police officers names and collar numbers
• Details of all injuries and anticipated prognosis for recovery
• details of all hospitals and GP attended
• professional addresses of all of all treating doctors
• information about prospective future treatment
• details of employment, periods off work and income loss
• all out of pocket expenses and invoices
• photographs of location, damage and injury.

Injury Solicitor Protocols

At your initial interview, your accident compensation solicitor will take instructions and obtain sufficiently detailed information to :-

• identify the parties in dispute
• identify the issues in dispute
• evaluate the available evidence
• understand exactly what you (the client) wants to achieve

Most accident compensation solicitors will give you preliminary advice on the likely outcome of your potential claim. After review of the available evidence they will explain the relevant legal principles so that you understand the basis for their advice. Your solicitor will tell you whether any further information or instructions are required. Where it will be helpful, they may give you a check-list after meetings and at the end of correspondence.

Compensation solicitors legal advice will cover :-

• all potential legal claims
• whether you are likely to succeed
• limitation period applicable to your claim
• likely amount of damages which you may receive.

Your lawyer will assess whether the litigation will resolve the dispute in a way which meets your objectives. They will advise you of how long the litigation is likely to take and how much attention you will have to give to the matter. Almost all cases settle without the need for a court trial. Usually, the sooner they are settled, the more satisfactory it is for the client.

If your claim has not been settled out-of-court, it will be listed for hearing before a judge. At the hearing, the plaintiff (the person claiming compensation) presents the evidence in support of their claim by oral testimony from witnesses. Each witness is examined, cross-examined and re-examined.

At the completion of the plaintiff's case, the defendant's case is presented in the same way. After the hearing, the judge will adjudicate and give a verdict. If the defendant is found to have been negligent, then you will be awarded compensation.

By using our service, you will be accessing the very best legal expertise from accident compensation solicitors with extensive experience in all aspects of personal injury litigation including:

• access to expert witnesses
• negotiation, mediation and alternative dispute resolution skills
• drafting comprehensive and plain English legal advices for clients
• excellent communication, interviewing and listening skills
• preparing technically accurate pleadings (court documents)
• Investigation and research of medical, legal and factual issues
• Case management
• Calculating quantum (damages)
• Advocacy Skills

LAWYER HELPLINE: ☎ 1800 339 958

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here