FREQUENTLY ASKED QUESTIONS.
United by a desire for safer roads.
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Will I be out of pocket?
There is a common perception that lawyers will bleed you dry. And we don't disagree, there are some firms that will do just that.
We want to help you better understand your fees.
We also want to help you stay in complete control of your legal spend and save money by doing so by offering you a number of ways we charge.
For starters, we pay for your disbursements.
Disbursements are the outlays (monies) that a law firm has spent in pursuing the compensation. They typically include payments for court fillings, medical experts and barrister’s fees. We will:
- Pay for these for you until you have received compensation
- Cover these costs from our own bank account, meaning lower charges for the service
We are happy to lend you our services. In addition to maximising your future money, we also want to save your current money.
Will receiving Centrelink (or other benefits) affect my claim?
No, Centrelink benefits do not affect your claim. But they do affect your compensation.
Once you’ve received your compensation money, you will be required to pay back statutory bodies from whom you’ve received benefits from – this includes Centrelink. Essentially, a percentage of the amount you have received in the past will be automatically paid back to the government from your compensation.
You may also be exempt from receiving further Centrelink payments for a period of time – after all, your payout amount could replace your need for Centrelink, depending what scheme you are on.
Do I have to pay for legal fees up-front?
Your legal fees are absorbed by the firm acting for you until the time of your settlement meaning you will not pay a single cent on legal fees before that point.
If you want to read more about legal fees and how they work, you can check out our article here.
Can undisclosed income or incomplete tax returns affect my claim?
Just because you have undeclared finances or incomplete tax returns does not mean you are excluded from recovering compensation if you have been injured.
After all, you were injured at no fault of your own, and one missed tax return does not mean you have to pay for that for the rest of your life.
It does mean, however, that you’ll need to tread very carefully when proceeding with your claim to ensure your credibility isn’t brought into question.
How do I know when to accept an offer from the insurer?
I have been in an accident, what should I do?
What if I was partially at-fault in my incident?
The Claims Process
Will I need to go to court?
Most Queenslanders think making a compensation claim is hard.
So hard that almost 200,000 people think about making a compensation claim every year but don’t.
So, what’s causing this compensation claim reluctance?
It seems that people’s reluctance to compensation claims is due to a multitude of factors, including having to go to Court.
The words ‘Court Proceedings” can send shudders down the spines of most Australians.
It’s a hassle most of us can agree we would just rather not have to go through.
Thankfully, the truth is...
Most compensation claims don't make it to court, ever.
Who will pay for my compensation?
Can I change lawyers during my claim?
Can I run my own claim?
Will making a claim directly affect the at-fault driver/rider?
Do I need to notify police?
How long do I have to bring a claim?
3 years. You have 3 years from the date of the accident to make a claim for compensation. After this, the Limitation of Actions Act 1974 (QLD) will prevent you from making a claim.
Extensions are available in some cases, but are extremely difficult to obtain.
If you are under 18 years at the time of the crash, different timeframes apply. The limitation date is 3 years after your 18th birthday if you have not already commenced a claim. And the only way to commence a claim before your 18th birthday is if a parent of guardian commences the claim on your behalf.
How long does a compensation claim take?
There is a common misconception that compensation claims take years and years of work before you ever see a result.
As a result, people are reluctant to claim for compensation because they believe the time and effort will not be worth the compensation they receive at the end of a compensation claim.
They couldn’t be more wrong.
While it is true that some compensation claims can take years to settle, the reality is most compensation claims take just over a year.
That’s because the biggest indicator of how long your compensation claim takes is the severity of your situation.
In Queensland, over 70% of compensation claims are for minor impact. These compensation claims typically don’t take long to settle.
While this might be the average time it takes to see results, each person’s situation is unique…
..and each person’s compensation claim time is therefore also unique.
What is CTP insurance?
CTP is a form of personal injury insurance that is compulsory for every registered vehicle in Australia – that means motorbikes, commercial vehicles, cars, and any other registered vehicle.
It provides compensation for people injured or killed in a car accident that is deemed to be not their fault.
That means the CTP insurance you select when you register your car would pay for another party’s personal injuries if you caused an accident. And, vice versa, their CTP insurance would cover you if they were the party that caused the accident.
How do I know if I qualify for compensation?
Injuries come in many shapes, types, and sizes.
Some are visible to the naked eye whilst others linger under the skin.
Some will hang around for a day, some for a year, and some will never heal.
When considering an event for compensation, two key elements are analysed:
- IS YOUR SITUATION DUE TO THE FAULT OF THE DEFENDANT?
- HAS THE IMPACT OF THE SITUATION CAUSED MAJOR OR POTENTIAL ONGOING FINANCIAL LOSS?
If you fall under the both of the above criteria, it's highly likely you qualify for a successful compensation claim.
Remember, it may be a headache, or it may be a bruise, but it could be something much more than that.
Symptoms are not always instant and are valid to compensation claim for up to three years after the event.
Always get checked out by your GP no matter what your concern is.
Do I have to hand over my medical records?
Will my rehabilitation (physiotherapy, occupational therapy, etc.) be paid for?
What is a medico-legal assessment and how do I prepare for it?
People and the future
What's involved in obtaining statements from employers and colleagues?