How to Negotiate a Personal Injury Settlement or Compensation Claim QLD

If you were injured due to someone else's negligence, you may well be entitled to a personal injury settlement. While some people represent themselves in minor compensation claims, it is important to understand that more serious injuries up the stakes for all concerned, in which case it is important to hire an attorney to represent your compensation claim QLD. In this article, you will learn more about how the process works.

The Compensation Claim QLD Process

The legal process for a personal injury claim follows five critical stages.

Stage 1:  Case Assessment

When you decide to pursue a claim, you need to get in touch with a specialist in personal injury law. A personal injury lawyer will generally try to get in touch with you via telephone as soon as possible. They will then ask you to come to the offices, or, if your injuries are severe, they will visit you at home.

During the case assessment, you will have to relay the details of the incident, and they will advise whether you have a claim.  The initial consultation should be of no cost to you, and then you will have the option to proceed with legal action.

The following also applies:

• In the case of motor vehicle accidents:  The lawyers will submit a Notice of Accident Claim Form to the other party within a month of the initial consultation.
• In the case of workplace injuries:  A Notice of Claim will be submitted once the injuries have been stabilised and the self-insurer (or WorkCover) has stopped paying your weekly benefits.  You will require a Notice of Assessment, which your lawyer can request. Most often, you will be offered a settlement at this stage, but you must speak to a lawyer before accepting the offer, as acceptance will cause you to lose your rights and entitlements, should you need to bring a claim later on.

Stage 2:  Insurer Investigation

The insurer will receive your Notice of Claim and investigate to see whether they will accept part or full liability. They may also deny liability.

During this process, your lawyer will keep obtaining updates regarding your injuries and employment status.

Stage 3:  Evidence Collection

Your lawyer will now obtain evidence and submit it to the insurer.  Some of the evidence will include:

• medical records
• financial statements, payslips and tax information
• information from your employers
• injury claim files and workers' compensation claims history
• medical reports from medical specialists

Stage 4:  Assessments of the likely award

At this stage, your lawyer should provide an assessment of the quantum of your injury settlement. With your permission, they will submit an opening offer in order to get the settlement negotiations started. Negotiations may be telephonic, or there may be a settlement conference. Most cases are settled during the claims conferences, but if not, it will proceed to court.

Stage 5:  Injury Settlement

Once the claim is settled out of court, or when the court grants a judgment, your lawyers will arrange for the funds to be paid to you. They will take a deduction for their costs.