Personal Injury and Insurance Claims FAQ

Our personal injury and insurance claims lawyers answer your questions!

You’ve got questions, and we’re likely to have the answers. If you have a general query about how the claims process works or the services Main Lawyers offers to people based in Coolangatta, Gold Coast, Southport, Tweed Heads and Rockhampton, read below to see if we’ve already answered your question.

For questions regarding your specific case relating to personal injury, superannuation, life insurance and/or general insurance claims, feel free to book in a free consultation with our Principal lawyer, Lachlan Main.

What areas do you service and can you travel to my location?

Our main office is based in Coolangatta though if you are unable to meet us here, we can meet you at work or at home in the Gold Coast, Tweed Heads or Rockhampton.

Are you based in the greater Northern NSW or Gold Coast regions? Our Principal lawyer, Lachlan Main, may still be able to travel to your location. Contact us on 1800 314 761 to find out if you’re in a region we travel to.

What kind of claims does Main Lawyers handle?

  • Personal injury Claims
    • Car, motorbike, pedestrian, bike and truck accidents;
    • Workplace accidents or accidents while on a job;
    • Accidents to and from work;
    • Accidents where you have been injured in a public place (like a shopping centre) or on someone else’s property;
    • Injury or illness due to medical negligence
  • Insurance Claims
    • Superannuation claims;
    • Claims for total or permanent disablement (TPD), income protection or death benefits under your superannuation fund;
    • Car or motor vehicle damage claims;
    • Property damage claims, in particular damage related to floods;
    • Home & contents insurance;
    • Other general insurance matters

What is a ‘No Win, No Fee’ lawyer and how does it affect services?

Pay us only if you win your case! Fair and square.

If we take your case on a No Win, No Fee basis, we will be paid a reasonable fee for the work we’ve done if (and only if) you win your case or achieve a successful outcome.

This doesn’t mean that you won’t pay anything until the end. There may be other costs that are external to Main Lawyer’s fees which may be needed in order to progress your claim to the next phase. Our ‘No Win, No Fee’ guarantee does not cover these costs on your behalf.

Our guarantee also does not cover legal fees accrued by the opposing party should you wish to take your matter to court and lose. We have a high success rate and less that 2% of personal injury claims progress to court.

If we advise you that your proposed claim has a reasonable chance of succeeding and it is within budget to proceed, we’ll take on your case on a ‘No Win, No Fee’ basis.

We can advise you of expected costs and time frames in your free initial consultation with our principal lawyer. It costs nothing to know where you stand.

Who will be handling my case?

At Main Lawyers, we guarantee that you will always know exactly who is working on your case. Our Principal lawyer, Lachlan Main is personally involved in every case and he will arrange to speak with you in your free consultation so that we can find the best way to help you win your case.

You can rest assured that your case will not be handed over to junior staff and that every action we take on your case is to help get you the compensation you deserve faster.

Can I make a personal injury claim?

Every case is different.

In general, if you have suffered injuries at work, in a car accident or other motor vehicle accident, in a public place or after seeking medical assistance and the injuries are a result of negligence, you might be able to make a claim.

Depending on your situation, being injured or having an accident may not be enough grounds on their own to make a claim. You may need to prove that somebody was negligent which can often be a complex task.

If you’re unsure whether you have grounds to make a claim, our personal injury lawyers are experts in this matter and can help. You can book in a free consultation to find out where you stand and if you’re entitled to receiving compensation.

What documents do I need to lodge with my personal injury or insurance claim?

The documents you require depends on the specifics of your case.

In general, you will need to lodge a claim form and in the case of insurance claims, provide a list of items lost or damaged. For either personal injury or insurance claims, you may also need to file:

  • Tax related documents
  • Medical reports
  • Insurance documents
  • Information about lost or damaged items and/or
  • Employer statements

Can I still get compensation if my insurance claim has been rejected?

In some cases, yes.

We can advise you of different courses of action available to you if your insurer had rejected your initial claim request.

Some courses of action include deciding to appeal to a court or tribunal by lodging a complaint to the Financial Ombudsman Service (FOS), the Superannuation Complaints Tribunal (SCT) or taking your case directly to court.

We can help and advise you no matter what course of action you choose to take.

Will I end up in a courtroom?

Not necessarily. In general, less than 2% of personal injury cases end up before a judge in a courtroom. Insurance claims cases vary significantly and we’d be better able to advise you of the process once we understand the specifics of your case.

It is likely that your claims process will involve a pre-court procedure that both parties must comply with before matters are taken to court. This process may involve you seeing a number of medical professionals (in personal injury claims cases) or obtaining different types of documents to support your case.

Once you’ve got all the necessary evidence to proceed with your claim, you will need to attend a conference including the other party. With a trusted lawyer by your side, you probably won’t need to speak at all, we’d take care of that for you.

More than 50% of personal injury matters settle at this compulsory conference. If your claims and requests are reasonable and the other party makes a fair and reasonable assessment of the claim, it is likely your case might also settle in this phase. This means you won’t need to go to court.

As with anything in life, if the two sides cannot agree on the evidence before them, a judge’s intervention might be sought and court proceedings begin.

How long does the claims process take?

Personal injury and insurance claims processes vary depending on the type of claim and how complex the situation is.
It is always better to seek legal assistance from expert personal injury lawyers as early as possible and to make sure you’re meeting all the deadlines to help your case proceed faster.

Motor vehicle, property, business and other general insurance claims, can take between 1-3 months on average. Superannuation and life insurance claims (including TPD, income protection and death benefits) usually take as long as 6-12 months.

Personal injury claims vary depending on the extent and stability of injuries. It can take as long as 12-18 months to obtain necessary evidence and medical reports needed for your claim before you can reach the compulsory conference.

Having said that, there are indeed processes and timeframes that can make this process faster and help you access compensation sooner. The time frame does depend on how stable your injuries are and how soon you’d need medical attention, that’s why every case is different and we can provide you an estimated time frame in your initial consultation with us.

Are there time limits affecting whether I can make a claim?

Yes, there are strict time frames (we call these limitation dates).

It is always best to seek legal advice from expert personal injury and insurance lawyers as early as possible to make sure you’re meeting all these limitation dates.

How much will it cost to make a personal injury or insurance claim?

There is no general answer we can provide here. The costs of your claim will depend on the extent of injuries and damages sustained.

For personal injury claims, the costs will be affected by the number of specialists involved and medical assessments that would be needed before the compulsory conference can take place. In some instances, Workcover or insurance may assist with associated injury costs.

For insurance claims, the costs will depend on the course of action you choose to take. If you submit a claim to your insurer and it is rejected, you may still be able to win and we can advise you of the best actions to proceed with.

In any case, it is always best to chat to us and we can help you assess your case and the overall costs to make a claim. Book in for a free consultation and speak with our Principal lawyer by calling (07) 5633 3933.

 

Can you afford to let an incident take you out & need compensation?

It won't hurt to find out where you stand, so reach out to us today.

 

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