In our line of work, we’re often asked “do I need a lawyer?” Of course, our answer is yes! But in all seriousness, if you or your loved one has been unexpectedly injured in an accident, your life is upturned while navigating challenging and complex issues.
If you’re pursuing a personal injury claim for compensation, having an experienced lawyer on your side is important.
In this second of a three-part series, we explain why an experienced lawyer can help you with a personal injury claim, to protect what matters.
If you missed the first part to this series, you can catch up on it here.
What are your rights in a personal injury claim?
You may have a personal injury claim for compensation if:
You or your loved one has suffered a personal injury, and
The injury was caused by someone else’s wrongdoing or negligence, or they failed in their duty of care
Each state has different laws detailing the process and setting time limits for making a personal injury claim and starting court action. This is the case whether your injuries were suffered:
In a public place
Due to medical negligence
Who is involved in a personal injury claim?
The parties involved in a personal injury claim depend on where your injuries were sustained (for example, at work, on the road or in a public place).
In most cases, the people involved could include:
You or your loved one, as the person who suffered a personal injury
Any witnesses
Your employer’s worker's compensation insurer (for work-related injuries and workers’ compensation claims)
The CTP insurer or TAC insurer (for injuries sustained in a car accident or on the road)
The owner of the premise/s (for injuries sustained in a public place ), which may be a local council, state government entity or private company Your doctor’s professional indemnity insurer (for medical negligence claims)
Insurance explained
In the context of parties involved in a personal injury claim, we’ve made mention above of workers’ compensation insurers, CTP insurers and professional indemnity insurers.
In most personal injury claims, your claim is not against, for example, your employer or the person driving the car in your road accident, or the doctor for your medical negligence claim. Instead, your personal injury claim for compensation is made to the relevant insurer. And in most cases, those large insurance companies have their own expert lawyers who are very experienced in defending personal injury claims.
This is one significant reason you need a lawyer for your personal injury claim. Navigating and negotiating a personal injury claim alone can be daunting. Shine Lawyers can help you to protect what matters.
What difference can a lawyer make?
The laws surrounding personal injury claims and compensation can be challenging and complex. Different types of accidents involve different pieces of legislation in different Australian states.
An experienced lawyer can make all the difference in ensuring your personal injury claim has its best chance of bringing you the compensation you’re entitled to and deserve. Securing financial compensation can have a significant impact on, for example, your:
Healing, recovery, and rehabilitation
Ability to remain in your home as you recover
Capacity to return to work
Family’s financial situation
Future at work and at home
Do I need a lawyer? How Shine Lawyers can help you
Are you continuing to wonder, ‘do I need a lawyer for a personal injury claim?’ or ‘do I need a lawyer after a car accident?’ The answer is, it’s possible to settle your personal injury claim alone, but we’d suggest you consider the risk to the outcome of your claim if you go down that route.
Lawyers experienced in personal injury law are on your side, to prevent insurance companies from using legal maneuvers to outright reject or limit the compensation you could be entitled to in your personal injury claim.
Negotiating alone with insurance companies and their lawyers can be intimidating – but it doesn’t have to be. Shine Lawyers can help. We can help guide you through the personal injury claim process and advise you of your rights, for example to appeal an insurer’s decision.
Shine’s workers’ compensation, motor vehicle accident, public liability, medical negligence and dust diseases teams will ensure you’re on an equal legal playing field with whatever insurance company you’re facing.
If the unexpected happens and you need a lawyer to help you protect what matters, get in touch with Shine Lawyers.
