How A Lawyer Can Help In A Motor Vehicle Accident Case
A motor vehicle accident can have you thinking of a lot questions, such as:
- Who is at fault?
- Who pays for the car damages?
- Who pays for the medical bills?
- Should I bring a motor accident claim for my injuries?
- How do I bring a car accident claim?
- How much compensation should I receive for my injuries?
- Are there time limits that apply to my case?
The Personal Injury Lawyers are experts in motor vehicle accident claims, and one of the best and foremost personal injury law firms in Queensland. They will answer all these questions for you, and will take on your motor accident claim and run it for you on a No Win No Fee basis. This means that The Personal Injury Lawyers will run the claim for you with no upfront or ongoing costs required to be paid during your claim. You will not have to pay anything until you receive compensation for your claim, and only if you receive compensation.
Having The Personal Injury Lawyers on your side provides you with a real advantage and peace of mind knowing that you have the best motor accident lawyers handling your case. Given that they handle your claim on a No Win No Fee basis, there really is very little incentive in handling these types of claim on your own.
It costs nothing to assess your claim with a Lawyer, chat with us today
The Personal Injury Lawyers have head offices in Brisbane City and Surfers Paradise. If you wish to meet with one of our car accident claim lawyers to discuss your case, there will be an office near you. All you need to do is chat with us online or on your mobile, email or call us.
We know car accident law and are accredited specialists
Hiring a personal injury lawyer to represent you after a car accident means that you’ll have a professional compensation lawyer working for you. The Personal Injury Lawyers have been running motor accident claims for more than 30 years. Many of our compensation experts have worked for and been trained by the major insurers in Queensland and therefore have special knowledge and understanding of how motor vehicle accident claims should be run to achieve the best result. Our personal injury lawyers are all trained and supervised by Accredited Specialists in personal injury law.
Your lawyer will advise you of the strict time limits that apply to your claim and can operate to bar you from filing a case against the at-fault driver. For instance, in Queensland, claims must be commenced within 3 years of the accident occurring, however, in the case of a minor, this time limit is extended to 3 years of the minor reaching their age of legal capacity at 18 years. Your lawyer will also be able to advise you of the notice periods that apply to your car accident claim, and how to navigate around such notice periods if they are missed.
A car injury lawyer is an invaluable guide for what compensation you should achieve
Your lawyer can file a case on your behalf and will have the knowledge on the best way to handle any possible defences from the other party. Also, once your case is under way, a car injury lawyer is an invaluable guide for what compensation you should achieve for your injuries, what is needed to prepare for trial, and in running the trial should the case not settle out of court.
Finally, having The Personal Injury Lawyers on your side evens out the playing field, as you will more than likely be up against an experienced insurance company that has vast resources and is well aware that a self-represented claimant is completely unaware of what compensation they should receive for their injuries, and how to properly run their car accident claim.
Motor vehicle accident lawyers can do the legwork for you
A lot of work, knowledge and experience is required when negotiating an insurance settlement and running a motor vehicle accident lawsuit. After you have been in a car accident, taking the time to do the time-consuming work involved in such a case and working your way through the legislation and procedures that applies to bringing such a claim is the last thing you should need to do, given that you’re also trying to deal and cope with your injuries. Engaging a lawyer who has expertise in this area will take this burden off you, and you will end up with a much better compensation result.
This may be your first time dealing with motor vehicle accident lawyers, but The Personal Injury Lawyers deal with all possible types of claims and various insurance companies each and every day, all day long. They have the experience in gathering the necessary evidence to support your case. This includes police reports, witness statements, medical records and bills, medical specialist reports and information on employment and lost wages.
Your compensation lawyer will also be able to organise the evidence and prepare a Schedule of Damages, which is a document outlining what you should seek to claim for in your claim. If the case is not settled, your lawyer will take care of filing the necessary paperwork to start the case in court. He or she will also deal with the other party’s lawyer on your behalf. Having someone who is knowledgeable to handle your the hard work required can ease your burden, and this is especially important if you have been seriously injured and are trying to recover.
A lawyer advocates for you
The most important way your lawyer can help you in your car accident case is to be your advocate. This means your lawyer is acting on your behalf and for your benefit during the entire claim process, and in court when filing a case has become necessary. Your lawyer will be your champion before the judge and other lawyers. He or she makes sure that your side of the story is heard and you are properly compensated for all your losses.
Settling your case with the help of car accident lawyers
The best way to ensure that you’ll get the most satisfactory settlement in your motor vehicle claim is by presenting the most compelling case to the insurance company through your Schedule of Damages and persuasive follow-up negotiations. The following is a guide as to how this may occur.
1. Your Schedule of Damages
This document will set out the facts and circumstances of the accident, the extent of your injuries, the medical treatment you have required for your injuries and will require in the future, as well as how your injuries have impacted upon your everyday living, social, domestic, recreational and employment activities. Your lawyer will set the stage for settlement negotiations to begin in earnest through this document.
Your Schedule of Damages will set out all of the loss and damage you have sustained as a result of your car accident injuries, and it will usually be seeking an amount of money that is significantly higher than what you can reasonably expect to receive for your case should you go to a trial. This will allow you and your lawyer to have some “room to move” during the negotiations.
2. Negotiating a Settlement
Once the insurance company receives your Schedule of Damages, they will consider it together with the supporting material your lawyers will provide to back up your claim. Typically, the insurer will respond with a “lowball” offer of settlement to commence negotiations and from this point, offers can go back and forth in an attempt to resolve your case. If a resolution cannot be reached, then your case will progress to a settlement conference, where further negotiations will take place in a further attempt to settle your claim. If your case cannot reach a settlement at a conference, then your lawyer will commence legal proceedings in the Court and you will then start the litigation process toward a trial.
Negotiations can continue throughout a claim, and even after failure to resolve at a conference. If negotiations reach a standstill, it may be best to have a neutral party to facilitate the settlement and a mediator can become involved at this stage. In fact, it is more often than not part of the litigation process to proceed through alternate dispute resolution via mediation before a case is set down for a trial.
A mediator is more often than not a very experienced personal injury barrister with significant professional experience in settling personal injury cases or car accident claims. He or she can offer a fresh perspective and can point out the strengths and weaknesses of both parties' case. A good mediator will often be able to bridge the gap between you and the other party and encourage an amicable solution, but this is not always the case. If your claim does not resolve at mediation stage, then the case is set down for a trial date.
4. Accepting an offer
Before you reach any settlement of your claim, you and your lawyer should discuss the repercussions of such a settlement for you. This means advising you of whether the offer is one that you should consider accepting having regard to the value of your claim, what the costs and risks are of proceeding further with your case, and what the settlement means to you in your hand after all statutory refunds are met and all legal costs and outlays are paid. This is very important, as once you agree on a settlement of your case, there is no going back and seeking more compensation in the future. Your claim will be finished and you cannot have another "bite at the cherry" later on.
Your lawyer will also advise you of how settlement of your claim may affect any social security payments you are receiving because you are unable to work due to your injuries, as often a preclusion period will apply.
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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation. Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing. Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.