What is a Personal Injury Lawyer?

About Personal Injury Law

Personal injury law is a specialised area of law that deals with the legal consequences of a physical or mental injury and the resulting financial difficulties. For example, a car accident victim may have medical bills and lost wages.

A personal injury lawyer is a legal professional who can clarify their client’s eligibility to seek compensation. They understand settlement negotiations and the legal system—personal injury lawyers are knowledgeable about both. QLD personal injury lawyers can advise on the legal process for a variety of cases and often provide free initial consultations for the following:

Legal Representation for Fair Compensation

The primary goal of personal injury law is to help impacted people secure fair compensation incurred by someone else’s negligence, including economic and non-economic damages, such as:

• Medical expenses
• Lost wages and superannuation
• Pain and suffering, emotional distress, and loss of quality of life
• Cost of care
• Travel and other out-of-pocket expenses

A skilled personal injury lawyer can provide legal representation for people who have suffered harm, with the support of their legal team.

How Much Will a Personal Injury Lawyer Cost?

• The cost of hiring a personal injury lawyer can vary based on their fee structure, which may include a percentage of the settlement or a lump sum.
• Discussing and confirming the fee structure and any additional costs upfront is important when hiring a personal injury lawyer.
• Legal fees for personal injury lawyers can be daunting, but the ‘no win, no fee’ model minimises financial risk for clients.
• Many personal injury lawyers offer free initial consultations to assess your case without financial pressure.

Most personal injury lawyers charge on a no-win, no-fee basis, which means you only pay legal costs when you win a case. But some might ask you to cover out-of-pocket expenses, such as medical report fees.

However, the best personal injury lawyers won’t ask you to outlay any fees upfront, or if you lose a personal injury claim.

Personal injury law deals with cases involving physical harm, psychological injury, and related financial losses.

Personal injury lawyers handle various types of cases, including car accidents, slips and falls, and medical malpractice.

What is the Role of a Personal Injury Lawyer?

• A personal injury lawyer can explain if you are eligible to claim personal injury compensation. In other words, they can explain if you have a valid claim.
• Personal injury lawyers explain how to navigate complex legal procedures, assist with settlement negotiations, and attend court if required.
• A personal injury lawyer prepares legal documentation and is aware of relevant time limits for filing claims.

Generally, an experienced personal injury lawyer provides legal insights for a personal injury claim, helping you understand legal entitlements and potential barriers to a successful outcome.

1: A Lawyer Can Negotiate with Insurance Companies

Most personal injury lawyers provide legal representation for negotiations with the liable insurance company.

Many people are unaware that insurance companies fund the majority of personal injury payouts. Generally, the negligent party’s insurance coverage funds a fair settlement when you suffer harm in an accident. At such a time, a personal injury lawyer steps in to represent the claimant’s interests.

How an Experienced Personal Injury Lawyer Helps with Insurance Companies

Unsurprisingly, insurance companies want to protect their shareholder profits, which means they typically seek to minimise settlements. Furthermore, you could experience pressure from the insurance adjuster to agree to statements or sign releases that are not in your best interest. They may also try to make you agree to a settlement before you know the scope of your physical and psychological injuries.

A personal injury lawyer’s role includes mediating with aggressive insurers. They understand their techniques to reduce compensation payments. Seeking advice from a personal injury law firm can help you avoid potential barriers to success.

2: Lawyers Have Expertise in Legal Proceedings

A personal injury lawyer also has in-depth knowledge of compensation claim processes. Many personal injury lawyers will have previously advised on the legal proceedings for a range of matters. While every legal case is unique, there are common types of personal injury claims. For example:

• Many road accidents lead to whiplash injuries and damages for emotional distress
• Many workers’ compensation claims can include a lump sum payout for permanent impairment

3: A Lawyer Understands Personal Injury Claim Calculations

Many people injured by someone else’s negligence want to know how much personal injury compensation to expect. An experienced lawyer understands how ‘heads of damage’ apply to personal injury compensation claims.

For example, you could have physical and psychological injuries sustained in a car accident. In this situation, the right personal injury lawyer could explain all the possible outcomes of commencing legal action.

How Much Compensation for a Personal Injury?

• Calculating a settlement value can be challenging, particularly for multiple injuries and combined physical and psychological injuries.
• An insurance company aims to settle for as little as possible, while personal injury lawyers work towards the best outcome.
• Knowing the value of a fair settlement depends on extensive experience with similar claims and the outcomes achieved in those cases.

4: Some Personal Injury Lawyers Provide No Financial Risk

Some personal injury lawyers offer legal services on a 100% no-win, no-fee basis. It is common for compensation law firms to finance personal injury litigation on a contingency basis, which means you pay legal fees and costs when you win.

Others ask you to agree to a legal funding loan that covers disbursement costs, such as court filing fees, medical assessments and expert reports.

100% No Win No Fee – How it Works >

5: A Lawyer Explains How to Prove Liability

The best personal injury lawyers can explain how to establish liability. A successful compensation claim relies on gathering evidence that proves someone else failed their duty of care and how the related injury affects your daily life.

• Sometimes the responsible party tries to avoid blame, and occasionally there are multiple litigants, adding further complexity. (for example, a 3-car collision).
• Personal injury lawyers have detailed legal knowledge of legal procedures, including identifying the responsible person or parties in personal injury cases.

6: A Lawyer Can Provide Qualified, Independent Advice

Personal injury lawyers can provide qualified, independent advice. When unexpected circumstances cause emotional or physical damage, you may experience pain, anxiety, and a range of emotions. At such a time, legal support can make all the difference to your recovery.

An impartial personal injury attorney can provide the following:

• Unbiased assessment of your case’s legal validity
• Options for moving forward
• Possible outcomes

This independent advice can help you decide if pursuing a legal matter is worthwhile and give you a realistic expectation of what you might receive as an outcome.

7: Lawyers Know the Legal Process

Personal injury lawyers understand the complex legal processes of personal injury claims. Just as an accountant knows tax procedures, a lawyer knows the personal injury claim process in their jurisdiction.

8: Experienced in Other Areas of Law

Personal injury lawyers may also be familiar with other areas of law that can assist a case. For instance, you might receive a traffic citation if you’re involved in a car accident where you are partly to blame.

This infringement notice will prove that you contributed to the traffic accident. However, if your solicitor works with a criminal lawyer to have the enforcement ticket withdrawn, your level of negligence will be reduced.

 9: Legal Representation in Court

Personal injury lawyers can also have trial experience and provide legal representation in court proceedings. Sometimes insurers deny claims, particularly those with a high value, and the only option left is to challenge their decision in court.

10: Personal Injury Lawyers Negotiate a Fair Settlement

Personal injury lawyers can represent you in negotiations to achieve a fair settlement.

The insurance company will make a low initial offer when it accepts a claim. Furthermore, they will often attempt a series of tactics to delay or minimise the severity of your injuries.