Preparing your Claim

Preparing your Claim

When you go along to see your lawyer, save time (and money) by bringing along the following:

1. Very specific details as to how the accident occurred, in point form;
2. Photographs of the accident scene if these can be obtained safely;
3. All relevant medical reports;
4. Receipts for any out of pocket expenses like crutches, medication or GP gap payments;
5. A travel log of all the times you have traveled to an appointment due to your injuries;
6. Details of all of the doctors you are currently consulting;
7. Your record of how your life has been affected by the accident (i.e. list tasks you can't perform, it could be hanging out the washing etc);
8. If you have already made a claim, the details of the insurance claims officer dealing with your claim;
9. Your car registration details and that of any other vehicle involved;
10. Witness details (i.e. witnesses who saw the accident occur);
11. Who said what to whom; and
12. NEVER admit fault. Some insurance policies have this as a specific requirement, and you can void your insurance if you do admit fault.

   Time limitations on Claims

Don't wait too long to contact a lawyer to find out about your compensation rights.  Time limits apply to all types of claims!

In respect of transport accident claims or WorkCover claims, it is often thought that the time limit that applies is 6 years.  Whilst there is a 6 year time limit which applies, to either receive a lump sum impairment benefit, commence a serious injury application or commence common law proceedings, there are other relevant time frames which are equally as important.  For example, there are strict time limits which apply to the actual lodging of claims under the statutory schemes.  There is a 12 month time limit.  If the claim is not lodged within that time, then eligibility to all entitlements, no-fault or common law, may be lost!

In other areas, for example medical negligence, public/occupiers liability and product liability, a 3 year time limits applies. 

A lawyer who is a specialist in the area of personal injury law can talk to you about the time limits which are relevant to your particular matter.  It is important to not delay and seek some preliminary advice as soon as you are able to do so. 

In some instances, if you have missed a deadline, there is the ability to seek an extension of time through the Courts.  It is not automatic that the Courts will extend time, but in certain circumstances it is possible.  Often, an application to extend time is costly and very involved.  Nevertheless, a lawyer who specialises in this area will be able to advise you of the relevant considerations and assist to steer your in the right direction.

Litigation Funding

Litigation funds operate by lending you the money required for your case as it progresses. They do not cover any costs that may be awarded against you. They either receive a proportion of anything that you win in your case or they charge you an interest rate that reflects the risks involved for them.
Law Society

Law Institute of Victoria Law Aid is designed to improve access to justice in Victoria for members of the public who are unable to afford the cost of civil litigation.
Law Aid is available only for civil litigation. The types of civil litigation, which will be funded, include:

· A substantial personal injury claim.

· Claims against institutions involving oppressive behaviour.

· Loss or destruction of property claims.

· Professional negligence claims.

· Wills and estate claims.

It is not available for criminal matters orfamily law matters.
Private Funding

There are private companies that will "back" similar cases to the Law Society, and also Family and De Facto matters. See your solicitor to see if they have arrangements with any of these companies. 

 Choosing you Lawyer

Never choose a lawyer on the basis of a "Free First Interview". 

There is little cost in seeing a solicitor of your choice to find out if you have a case worth pursuing or whether it is the sort of case that you should handle yourself. 

If you have a serious case, the cost of the first interview is "the tip of the iceberg".

Many personal injury lawyers offer "No Win - No Charge" or "No Win, No Fee" legal services when they believe that a case is reasonably likely to be successful. 

It is not a free service. When a successful outcome is achieved (i.e. you are awarded money or perhaps another benefit of some kind), a success fee, or contingency fee is also usually applied. Read through the agreement between you and your lawyer carefully and discuss any questions you may have with your lawyer. 

Again, never choose a lawyer on the basis of a "No Win No Fee" arrangement. Choose the best lawyer for you and discuss the issue of costs with them.