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Do I really need a lawyer to secure my compensation?

06 Jul 2016

Whether you’re making a claim against a business, an individual, WorkCover or an insurance company, the claims process can turn into a much longer and more frustrating journey than you might expect, making it crucial to speak to an experienced lawyer who deals with these matters on a daily basis before proceeding with the claim.

While you may have a clear understanding of your claim and believe you can handle it alone, the following situations demonstrate where you may come unstuck without the help of a lawyer.

Assessing the settlement amount you’re legally entitled to

It is a fact that the vast majority of claim cases are settled out of court however to do this it is important that you have a very clear picture of the amount you feel you’re entitled to with the right legal evidence to back it up.

It is also important to consider not just the financial damage that resulted from an injury but also the emotional and physical pain and suffering the injury caused. Calculating this figure can be extremely difficult however a lawyer can help to quantify a fair amount that reflects your pain and suffering but also makes appropriate consideration of the law in this area.

Gathering evidence to support your case

Before you can make an effective claim it is very important to gather the correct legal evidence to help reinforce your case. If you lack the information to back up your claim, this will affect the strength of your case and may result in you not receiving all the compensation you’re entitled to.

In this situation, a lawyer can prove extremely helpful as they have the right experience and legal knowledge to source the correct information and evidence to build your case.

Receiving, countering and accepting a lump sum settlement offer

Once you file a Workers Compensation Claim, you will receive a Notice of Assessment and a lump sum offer from the employer’s insurer. Generally an injured worker will be anxious as to whether they should accept the offer, often fearing this may have a negative impact on their employment. An experienced lawyer can help you to negotiate with the insurer to make certain you’re not losing any additional compensation you’re entitled to.

After negotiating with the insurer, generally a settlement figure will be offered. It is important to realise this figure is often lower than what you’re actually entitled to, and you must decide whether or not to accept the settlement.

If you’re unhappy with the settlement offer, a lawyer can help you to renegotiate with the insurer for an amount that better represents what your claim is worth. This process can quickly turn into a long and painful back-and-forth negotiation, which may mean you end up settling for second best. If you don’t have the time or energy for this tedious process, this is where a lawyer’s experience and perseverance can help you to get the best possible outcome for your claim.

But how much does a lawyer actually charge to handle a compensation claim?

No personal injury law firm can predict what the costs of a compensation claim will be before it has taken place, because no lawyer can predict how the other parties may respond and how much work will be involved. However, you can be assured that we keep our fees to a minimum so that you get the compensation you are entitled to.

GC Law is a No Win No Fee law firm, meaning that we will pay for all outlays involved with pursuing your claim (such as medical reports, barrister fees, court filing fees, mediators fees etc.) but we will not render an account for professional fees or outlays unless you win and receive compensation for your injuries.

If you need to make a claim, get in touch with GC Law today to ensure the best possible outcome for your case.