Here you’ll find answers to the questions that we most frequently get asked about compensation claims and about our services and processes.
Anyone who has sustained an injury whilst in Queensland may be entitled to claim compensation so long as there has been negligence on the part of another party (for example an employer, medical practitioner, land owner, landlord or motor vehicle driver to name but a few).
You are able to make a claim no matter where you live now, so long as the accident occurred whilst in Queensland and generally, was not longer than 3 years ago.
Minors are also able to appoint a litigation guardian (usually a parent) so that they too can lodge a claim for personal injuries compensation so as to protect their future interests.
The claims process can often seem illogical and confusing to people who are not familiar with the various systems that operate in Queensland. It is for that reason that we advise that you get in touch with us via our Contact Page so that we may advise you as to the best course of action.
Generally, the claim process is initiated by lodging of a notice of claim form, of which there are several types depending upon the type of accident, i.e. WorkCover / work related, road accident / motor vehicle, public liability or medical negligence.
It is necessary for the injured party to lodge the correct notice of claim with the relevant insurer / correct defendant within the time frames stipulated by the particular act governing the action. Furthermore it is necessary that the claim form be deemed a complying claim form within the time limits.
It is often necessary that a medical certificate from your doctor accompany the notice of claim. Once the notice of claim form has been deemed ‘compliant’ the action will be governed by the relevant provisions of the applicable legislation pursuant to which the notice of claim has been served.
For assistance in drafting a notice of claim or to seek further advice regarding making a claim please fill in the enquiry form on our Contact Page or call our helpline on 1800 700 125 for free legal advice.
It will take up to 3 months for the settlement monies to be passed on to you after settlement. In more complex court related matters this could be longer. This is because a cost assessment needs to made, at times an agreement as to costs made with other parties, and repayments made to Medicare and other statutory authorities.
Our fees are based on the Supreme Court scale set by the Judiciary in accordance with what the Judges consider is fair and reasonable. Even if asked to provide an estimate any lawyer would be remiss in doing so without a proper cost assessment. Charging on a percentage basis is illegal in Australia. We only charge you for the work we do on a ‘per item basis’. We refer the file at the end of a matter to an independent cost assessor. They review the file and carry out an assessment based on the Supreme Court scale, the client agreement and the actual work done. It’s the most fair and independent process available.
No. All professional costs and outlays are only paid upon the successful conclusion of the claim and deducted from the settlement sum. It is illegal to take a percentage of the claim. Costs must be assessed by an independent assessor as to the actual work done.
Have you had an accident in Queensland or New South Wales? No Solicitor, irrespective of their experience or knowledge, is able to tell you how much your claim will be worth at the outset. This is because the amount your claim will be worth is based upon medico-legal reports which can not be obtained until the injuries stabilize and this can take approximately 6 to 12 months. Also, your individual circumstances including the impact of the injury may on your life in the long term.
At times liability considerations (e.g. contributory negligence on the part of the injured party) can have a significant impact on the quantum (or amount) of your claim. Once all relevant expert reports have been obtained and information considered your solicitor will be able to guide you through the negotiation process and recommend offers. However before such time any indication as the quantum of your claim is a mere ‘stab in the dark’.
Splatt Lawyers is located in Brisbane but we can come to you or alternatively, you may prefer to communicate with us via telephone, email or skype.
As strict time limits apply to your motor accident claim, you should get in touch with us via our Contact Page or call our helpline on 1800 700 125 without delay for an obligation free discussion. If you leave it too late you may no longer have a right to make a claim.
The Legal Services Commission (LSC) receives and deals with complaints about lawyers. They also investigate suspect lawyers and initiate disciplinary action as appropriate. Furthermore, they audit legal practices to help them develop and maintain ethical workplace cultures.
Their fundamental purpose is to protect the rights of legal consumers and promote high standards of conduct in the delivery of legal services.
At Splatt Lawyers we handle accidents and injuries that were sustained in Queensland and New South Wales. We are able to act for any person from any corner of the world who may have been injured in Queensland or New South Wales whilst, for example, on holiday.
We have solicitors who specialise in work and motor vehicle accident claims in Queensland and New South Wales.
In addition to having extensive experience, accredited specialists are solicitors who have satisfactorily completed an advanced study program in a particular area of law. By using an accredited specialist you can be confident in your advice. The firm also allows second opinions from barristers and other accredited specialists.
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