You have the right to pursue compensation
If you have suffered an injury as a result of someone else’s negligence, Australian law provides you with a number of rights to help protect you. Here at Seymour Furlong, we are experts in Australian case law and can help protect your rights at every stage of the process.
If you’re injured in an accident that wasn’t your fault, you should not consider it to simply be a part of everyday life. Whether your accident occurred at work (or as a result of you carrying out your duties), in a public or private place or while you were driving a car, you have the right to pursue compensation from the ‘at fault’ party.
Following your injury, your rights are:
You have the right to receive expert legal advice without being charged and to use a lawyer to help assess the facts of your case.
A legal expert can evaluate your case and help you ascertain your prospects of success. They can also tell you how much you’re likely to receive in compensation (if your claim is successful) and how long the process is likely to take.
Your lawyer is unlikely to be able to give you precise figures, but they should be able to provide you with a range of potential outcomes. This will allow you to weigh up the information and decide whether it’s worth making a claim.
If you suffer from an injury in a motor vehicle accident, in the workplace, in a public place or on private property, you have the right to make a claim for compensation. The compensation you may be eligible to claim includes the following:
– General damages for pain and suffering
– Damages for the loss of amenities and enjoyment of life
– Special damages for any medical or out-of-pocket expenses you have incurred (you will need receipts to prove these)
– Any income or potential income you have lost as a result of your injuries
– Any future reasonable expenses you will be liable for as a result of the injuries
– Any future income loss which you are reasonably likely to suffer as a result of your injuries
– Any care and assistance you may require from loved ones
– Any care and assistance you may need which you need to pay for (i.e. housekeeping).
Although having legal representation often isn’t mandatory for accidents and injuries, you have a right to consult a lawyer before you sign any paperwork in relation to the incident or event that caused your injury.
This is particularly so in relation to injuries that happened whilst at work, or travelling to and from work which may already be the subject of a WorkCover claim. Often insurers may deal with you directly in the initial stages of your claim, but before you finalise the claim or sign any paperwork, you have a right to seek legal advice to ensure that your rights are fully protected.
The earlier you consult your lawyer in relation to your claim, the better. However, legal advice can be sought at any stage of the process.
There are strict time limits that apply to all injury claims. As such, it is important to ensure that you obtain expert advice from a suitably qualified Queensland Law Society Accredited Specialist Lawyer.
When you instruct a law firm to handle your case, you have a right to know about fees that you may be charged in relation to your matter. As a result, if you’re looking to proceed with a personal injury claim, you will be provided either a ‘cost agreement’ or a ‘client agreement’.
Different law firms are likely to reach different agreements with their clients, so it is vital that you read the agreement carefully before you sign it. The agreement should also be fully explained to you and it should outline how the case should progress. If you’re unsure of anything, you should ask before you sign.
To protect all parties, there are limits on the fees that solicitors can charge in relation to injury matters. There is also a limit on costs that can be recovered from the other side in a small claim, even if you win.
Many law firms offer an hourly rate on their matters or work for a fixed fee. However, we do not believe that these methods are beneficial to clients, which is why we operate on a no win, no fee basis.
Frequently Asked Questions
We specialise in helping individuals receive the compensation they deserve following their accident and we pride ourselves on offering the best possible service.
We carefully assess all claims and investigate the matter thoroughly before we take on any claim. Each individual receives the care and attention they deserve, and we ensure that all legal avenues are investigated.
Our initial consultations are also obligation free and we can arrange for a home or office visit after hours, if required.
There are a number of ways that you can contact us. You can also fill in an enquiry form on our website or book an appointment with our Accredited Specialist, Peter Seymour online.
Our no win, no fee guarantee means that legal costs are not paid unless you are successful in obtaining a settlement. Fees that we need to incur, however, include medical reports, police reports, and registration search fees.
The fees that we charge in successful cases are based on the court scale of fees rather than excessive hourly rates, which also means that our fees are the most competitive around.