Personal injury claims come about because of the negligence or behaviour of another party. In order to make a claim, you have to visit the offices of a personal injury lawyer. Some of the claims that personal injury lawyers handle have to do with asbestos diseases, aviation law, Comcare, institutional abuse, medical negligence, military compensation, public liability, road accident injuries, and work-related mishaps. In several instances, you do not have to pay for the related legal costs unless your lawyer wins your case.
How Fees Are Assessed
Cases that fall into the category of “No win – No charge” payments are often offered for work-related injuries, road accidents, disputes concerning a will, insurance and superannuation claims, class action suits, catastrophic injuries, asbestos diseases, and medical negligence. Personal injury lawyers, such as Maurice Blackburn personal injury professionals, use this payment structure when they are reasonably certain that a case can be won. Generally, disbursements or out of pocket fees must be paid whether a client wins or loses. In the practice areas of class actions or asbestos diseases, disbursements are deemed to be payable only when a claim is successful.
In some jurisdictions in Australia, personal injury lawyers who achieve successful results combine the legal costs they charge a success fee of 25%. However, no success fee is due or payable in NSW. The 25% fee does not represent 25% of damages that are received. Instead, it represents a 25% increase in the legal costs. Therefore, for each $1000 in costs you are assessed, you are charged an additional $250.
Other Forms Of Payment
In cases where claimants do not fall under the No Win – No Charge fee assessment, they are generally responsible for either deferred fees or work with lawyers on a pay-as-you-go basis. Some legal fees, in some cases, are also paid in advance, which is determined by an agreement between the lawyer and client.
Road Accident Claims – Common PI Claims
Some of the common personal injury claims in Australia are claims for road accidents. If you are hurt because of a road or motor vehicle accident, you can make a no win – no fee claim through an Australian PI lawyer.
Road Accident Claims Involve A Variety Of Scenarios
Road accident lawyers can assist claimants who make claims as a passenger, driver, pedestrian, motorcycle rider, or cyclist. Claimants also have varying rights in various Australian states involving road accidents that involve public transport.
The Initial Step Taken In Making A Claim
Claimants in this practice area must initially make a third party claim with the proper agency in their territory or state before they can pursue legal action. Compensation laws are different in each territory and state, but owners of motor vehicles pay CTP (compulsory third party) insurance when they register their vehicles.
Unfortunately, insurers frequently do not agree to pay a party’s compensation entitlements in their entirety. A PI lawyer then can offer the kind of legal advice that will help you get back on track and place your personal interests first.