It is important to seek legal advice shortly after being injured as a result of a motor vehicle accident in which the claimant was not the at fault driver. This ensures claimants are receiving comprehensive legal advice regarding their entitlements early on.
There are many people who are injured in a motor vehicle accident and they are not aware of the immediate treatment support available to them. For example, if someone has been rear-ended and sustained whiplash, they are entitled to lodge a CTP claim. Shortly following the lodgment of a claim, it is common for the insurer to fund treatment such as physiotherapy and counselling.
Having legal representation with a strong focus on the individual and their immediate needs should be carefully considered when researching the law firm that is the right fit for the claimant.
Rehabilitation funding should be an immediate focus to maximise recovery and minimize out of pocket expenses to a claimant.
Once injuries have been appropriately treated, arrangements should be made with appropriate medico-legal experts to assess the permanent impact of the injuries. This will ensure the level of damages to be claimed can be fully particularised and will be taken seriously by the insurer.
Claimants should be mindful of engaging a firm with a strong focus on running a claim in an efficient manner whilst still maximizing the level of compensation claimed. Every claimant should have a personalised and tailored approach to their claim and not just feel like a number when their claim is being handled.
We are commonly finding that CTP insurers are making low offers to settle either before or at compulsory settlement conferences and it has become necessary to commence court proceedings in order to achieve the right outcomes for our clients.
The MAIC statistics reveal that most CTP claims are being settled either before or at the compulsory conference. Our experience is that settlement outcomes achieved after a compulsory conference but before a trial are often or usually far superior for our clients in terms of the size of the damages outcome and, most importantly, their ‘in hand’ position. We also find that the time difference between resolving a matter at compulsory conference for lower sum as compared to achieving the right result after the commencement of court proceedings is not lengthy and can usually be achieved within either a few weeks but not longer than 6 to 9 months after an unsuccessful compulsory conference.
Our entire focus is advocating for our clients to achieve 100% of a reasonable and fair outcome and to maximise their ‘in hand’ figure. Sometimes this involves taking the insurers on and advancing the case further and resisting low offers by CTP Insurers for the ultimate benefit of our clients.
Having a lawyer who will fight for you and push to ensure your damages claim is maximised whilst keeping your legal costs reasonable should also be carefully scrutinised when researching law firms.
Claimants should be encouraged to do their research on a firm before engaging the firm. Some important questions to ask are:
- Is the website clear and upfront on legal fees and the members of staff?
- Will the claim be managed by an experienced practitioner?
- How will the claim be tailored to the individual?
- Are there recent positive reviews of the firm.
Being injured in a motor vehicle accident is a stressful time. Selecting the right lawyer from the outset can minimise the stress considerably. vbr Lawyerspride ourselves on taking the stress out of claims and having a personalised approach.
