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All You Need To Know About Compensation Suits

Did you know you can receive compensation for injuries you suffer due to another person's negligence? Most people do not know whether they qualify for compensation. Below is all you need to know about the compensation process in Australia.  

Your immediate task would be to consult a compensation lawyer if you think someone else is liable for your injuries. Nevertheless, you must conduct some due diligence to ensure the compensation lawyer is competent to follow up on your matter. For instance, you could check client reviews and assess the lawyer's accreditations. How much does the compensation lawyer charge? Most people fail to lodge compensation claims since they presume they cannot afford the legal fees. However, this is far from the truth since most compensation lawyers have reasonable price structures. For instance, they could charge a contingency fee based on the compensation they secure. You do not incur legal charges if the lawyer loses in court. Remember to assess the lawyer's conditions. For example, they could ask you to avoid contacting the other party. Moreover, you could be prohibited from making public statements or accepting offers behind the lawyer's back. 

Once you hire the lawyer, they conduct background assessments to determine if you qualify for compensation. Typically, they establish the following.

  • When did the incident occur? Most jurisdictions have a time limit on when you can file a compensation suit.
  • Does the defendant bear liability for your injuries? Remember, your lawyer bears the burden of proof.
  • Do you have any evidence to support the claim? It could be CCTV footage, witness statements, or police reports.
  • What injuries did you sustain during the incident? The lawyer evaluates doctor's reports and hospital bills to appraise your injuries.
  • Did you lose wages due to the injury? If you did, the lawyer includes your lost wages when filing the suit. 

The lawyer then approaches the defendant and informs them about the compensation suit. In most cases, they opt for out-of-court negotiations to keep the matter private. The defendant examines the suit and gives a counteroffer. At this stage, both parties commence negotiations. For example, the defendant could ask your lawyer to justify the claim. Moreover, an insurance company could send an adjuster to evaluate your claim. If negotiations are unsuccessful, the parties could engage a mediator or go to court. Once you accept the other party's offer, you sign a settlement contract that prohibits you from lodging a similar claim against the negligent party. 

Reach out to local compensation lawyers for more info.