If you are considering claiming personal injury compensation, you might be wondering: “Do I need a personal injury lawyer?“
This is a common question for people injured in accidents caused by someone else’s negligence. In this situation, you might also question:
Our legal guide explains how experienced personal injury lawyers can help you achieve the best outcome.
Free Legal Advice for Personal Injury Claims
Personal injuries can happen in many different ways, including:
- Workplace accidents
- Motor vehicle accidents
- Bicycle accidents
- Motorcycle accidents
- Pedestrian accidents
- Accidents in a public space, and more.
If this has happened to you, it’s normal to be confused about your options. You may be unsure whether your injuries are severe enough or whether to seek legal advice.
Personal injury lawyers can help by providing a free initial consultation that can explain your eligibility to seek compensation.
Our legal team offers a free case review and a 100% no-win, no-fee, no-risk guarantee. Pay for a win and zero if you lose. Call 1800 700 125
What Does a Personal Injury Lawyer Do?
Personal injury lawyers negotiate settlements with insurance companies on behalf of their clients. There can be multiple legal complexities when claiming compensation for a negligence-related financial loss. That’s partly because:
- The legal system is complex and has some common pitfalls
- Each state in Australia has different laws, legal procedures, and time limits
- Insurance companies seek to protect profits by denying claims and reducing their liability to pay damages
In this situation, hiring an experienced personal injury lawyer can provide the following benefits:
- Provide qualified legal advice
- Explain the legal process for personal injury claims
- Negotiate with insurance companies and their legal team
- Advise you of the strict time limits for your circumstances
- Can help gather strong medical and legal evidence to support your case.
- Estimate your compensation benefits
- Advise on court action, when required
In summary, the benefits of hiring a personal injury lawyer include expert case evaluation, building a strong evidence base, ensuring fair valuation for pain and suffering, and navigating legal procedures.
They can manage the legal requirements so you can focus on getting better.
Negotiating Settlements with the Insurance Company's Legal Team
- Personal injury lawyers represent the interests of the parties involved in a legal action for injuries sustained caused by someone else’s negligence.
- Consequently, one of the main tasks is to secure fair compensation from the liable insurance company.
In Australia, insurers employ teams of legal professionals whose job is to minimise or deny a fair settlement. Experienced compensation lawyers know their tactics and how to counter them to achieve a favourable outcome.
The data below shows that legal representation can make all the difference when resolving a claim.
- Claimants with legal representation receive significantly more compensation than those who represent themselves, with statistics indicating amounts over 3.5 to 6 times higher, according to an Insurance Research Council (IRC) Study.
- A study by Lawyers.com found that 91% of clients represented by lawyers received fair compensation, compared with 51% of self-represented clients.
- The MAIC Annual CTP Scheme Insights 2024-2025 shows that compensation amounts are 7.5 to 8 times higher when clients seek advice from a lawyer. Self-represented clients also receive less support for medical expenses.
Can a Personal Injury Lawyer Improve a Settlement Payout?
A personal injury lawyer can increase a payout amount by preparing a comprehensive statement of damages. This document started the mediation process. An experienced lawyer:
- Knows the correct value of a claim and all the entitlements, including lost wages, pain and suffering, medical costs, future losses and more.
- Knows how to negotiate with insurance companies for the best outcome
- They understand how to get strong evidence, like legal medical reports
- They shield claimants from the pressure to accept a low early settlement offer
Can a Personal Injury Lawyer Predict the Settlement Time?
An experienced personal injury lawyer has settled many claims in the past, so they can give you a reasonably accurate estimate of how long it will take to achieve a settlement for your case.
They can also advise you of the factors that are likely to change the settlement period, such as:
- Time to achieve maximum medical improvement
- Insurers accepting liability and their response times
Can I Claim Compensation Without a Lawyer?
You could manage a personal injury case without the support of a lawyer or solicitor, but it’s likely to be very challenging when you are:
- Unfamiliar with the legal process and personal injury laws
- Have never progressed a claim through the legal system before
- Don’t know how to negotiate settlements with the other party’s insurance company
Insurers love self-represented claimants because they often settle quickly and for low amounts.
Representation in Court Action
A personal injury claim can proceed to court when a negotiated settlement fails to reach an agreement, which will involve court fees. In this situation, a compensation lawyer plays a crucial role in pursuing a matter in court.
They would work with a barrister to arrange all the necessary paperwork, including:
- Medical assessments
- Witness statements
- Evidence of financial losses
- They also ensure that your claim meets the strict legal requirements and deadlines, which is essential for the success of your case.
- Their expert guidance also helps you understand the legal process for hearings and how to prepare for them.
- A skilled lawyer ensures that all aspects of your case are thoroughly presented and that you receive the fair compensation you are legally entitled to.
What Kind Of Cases Do Personal Injury Lawyers Handle?
- In Australia, personal injury claims often arise from motor vehicle accidents, workplace injuries, public liability incidents, and animal attacks.
- Once approved, compensation for personal injuries can include lost income, pain and suffering, emotional distress, and medical expenses.
Car Accident Claims
Solicitors and lawyers can explain your rights under personal injury law after a car crash, regardless of how it occurred, including:
- Motor vehicle accident
- Motorcycle accident
- Cycling accident
- Truck crash
- Bus accident
- Uber or rideshare collision
Workers Compensation Claims
- Workplace injuries may entitle individuals to workers’ compensation, which is a form of insurance that supports employees injured at work, in certain circumstances.
- WorkCover benefits can include weekly payments and a lump sum payout for permanent impairment.
- Workers’ compensation lawyers understand how it works.
Accidents in a Public Space
- You could be eligible to take legal action when you are injured in a public space due to the negligence of the property owner.
- The entitlement extends to legal action against a local council for injuries on council-owned property.
Medical Negligence Claims
Medical malpractice lawyers can explain your entitlements when you are harmed by negligent or poor medical care, including your right to claim a lump sum payout for medical negligence.
Catastrophic and Serious Injuries
Severe or long-term injuries often require complex medical assessments that lawyers can manage.
Total and permanent disability claims
If you cannot work due to a physical or mental injury or illness, you may be entitled to a TPD lump sum payout through your superannuation fund.
How Much Does it Cost to Hire a Personal Injury Lawyer?
The cost of taking legal action varies significantly depending on the number of hours required to achieve a successful outcome. This includes resolving complex issues to ensure fair compensation for the injured person.
The good news is that many compensation lawyers work on a “no-win, no-fee” basis, which means you pay only if you win a case.
- This funding arrangement may not cover disbursement costs like expert medical report fees and assessments.
- Some law firms take a percentage of the settlement value, while others use timed hourly billing.
- You generally don’t pay legal fees upfront
Before starting legal action for personal injury compensation, it pays to read your law firm’s costs agreement to understand what happens if you win or lose a personal injury case.
Recommended Questions to Ask a Personal Injury Lawyer
There can be a significant impact in the result of a compensation claim when you select the best personal injury lawyer for your case.
Here are some recommended questions to ask a law firm during a free case review, so you can make an informed decision.
- What is your experience with my type of personal injury claim?
- Can I make a claim?
- What is the estimated payout under personal injury laws?
- What is your 100% no-win, no-fee guarantee?
- How much are your legal fees
- What are the common mistakes people make with personal injury claims?
- How long will it take to receive a settlement offer?
- What are the time limits for personal injury claims?
A personal injury lawyer’s experience can help determine the success or failure of your case, so it pays to ask some questions to understand how they can help you.
Your Right to Change Personal Injury Lawyers
- In Australia, you have the right to choose who provides legal representation for your case, regardless of the stage in legal proceedings.
- If you feel you don’t have the right personal injury lawyer for your case, you can choose another law firm to provide legal counsel.
Is it Worth it to Hire a Personal Injury Lawyer?
People who are considering making a personal injury also sometimes question: “Are personal injury lawyers worth it?”
The simple answer is to read reviews of Splatt Lawyers.
Feedback from genuine clients can help you understand the value of seeking legal insights when the negligence of another person or party causes you physical and psychological injuries.
How Personal Injury Legal Experts Can Help You
Here’s how expert lawyers can help.
- Lawyers can accurately assess the long-term impacts of an injury, such as lost future earnings and psychological trauma.
- Insurance companies often aim to minimise payouts, making it essential to have a lawyer to negotiate on your behalf.
- Consulting a lawyer is recommended for complex cases where proving liability or securing fair compensation is challenging.
- Navigating a personal injury matter can be complex due to varying laws and procedures in different states.
- Hiring a personal injury lawyer after an accident helps you focus on recovery by handling complex legal aspects, providing expert advice, and achieving maximum compensation through skilled negotiation with insurance companies.
- Without expert guidance, there is a risk of missing out on full entitlements or having a claim rejected.
Free Advice for Your Legal Rights
Our legal professionals can explain how personal injury laws apply to your unique circumstances. A free consultation can explain the following:
- The type of personal injury claim or insurance claim that applies to your situation
- Your eligibility and entitlements
- The estimated settlement time
- Approximate legal costs and settlement amount
- Your recommended next steps with no upfront costs