Car accident legal advice – how a lawyer can help in a motor vehicle accident case

A motor vehicle accident can have you thinking of a lot questions

No one wants to have a car accident but for just a second, imagine you were and what you have to work out and deal with (assuming your injuries are minor)…

  • Who was at fault?

  • Who pays for all the car damages?

  • What transport will you need to arrange while your car gets repaired?

  • What about my children, partner, their injuries?

  • What needs for transport do my family have?

  • Who pays for the medical bills? 

  • Do I have witnesses?

  • Should I bring a motor accident claim for my injuries?

  • How do I bring a car accident claim?

  • How much compensation should I receive for my injuries?

  • Are there time limits that apply to my case?

That’s only a few of the things that will be going through your mind! It’s a super stressful, horrific time, so a little forethought can save a lot of hassle. Our experts can provide you with invaluable car accident legal advice.

The Personal Injury Lawyers are experts in motor vehicle accident claims

With many years in business, we truly believe we are the best and foremost personal injury law firm in Queensland and we’ve worked very, very hard to be able to say that.

Read our reviews if you don’t believe us, you’ll find zero fake reviews and getting our staff to write us up in this firm.

Each client we have a review for, is 100 % real and has a claim file, and we don’t pay clients to write them, not many firms can say that. For expert help with your motor vehicle accident compensation claims, seek legal advice from our team.

No Win No Fee, Guaranteed

We will answer all these questions above for you, and will take on your motor vehicle accident claim and run it for you with a No Win No Fee guarantee.

This means that The Personal Injury Lawyers will run the claim for you with no upfront or ongoing costs required to be paid during your claim.

You will not have to pay any legal fees until you receive compensation for your personal injury claim, and only if you receive compensation.

Have someone on your side who knows the legal landscape

Having The Personal Injury Lawyers on your side provides you with a huge advantage and peace of mind.

You’ll know that you have the best motor accident lawyers in Queensland handling your case who will get the maximum compensation for you.

Add in managing your claim on a No Win No Fee basis, and there really is very little incentive in handling these types of claim on your own. For the best car accident lawyer Brisbane, the Gold Coast, and Queensland can provide, trust our team.

We really know car accident law, & the insurance companies

The Personal Injury Lawyers have been running claims for car accidents for decades.

Additionally many of our compensation experts have worked for and been trained by the major insurers in Queensland.

The Personal Injury Lawyers are personal injury accredited specialists

Therefore have specialist insider knowledge and understanding of how claims for motor vehicle accidents should be run to achieve the best result.

Our personal injury lawyers are all trained and supervised by fully Accredited Specialists in personal injury law.

What will a lawyer do in a motor vehicle accident for me?

Your car accident lawyer will advise you of the strict time limits that apply to your claim and can operate to bar you from filing a case against the at-fault driver.

For instance, in Queensland, claims must be commenced within 3 years of the accident occurring.

However, in the case of a minor, this time limit is extended to 3 years of the minor reaching their age of legal capacity at 18 years.

Your lawyer will also be able to advise you of the notice periods that apply to your car accident compensation claim, and how to navigate around such notice periods if they are missed.

A car injury lawyer is an Expert In Knowing what compensation you should achieve

Your motor vehicle accident lawyer can file a case on your behalf and will have the knowledge on the best way to handle any possible defences from the other party.

Also, once your case is under way, a car injury lawyer is an invaluable guide for what compensation you should achieve for your injuries.

They will know exactly what is needed to prepare for trial, quite probably know the doctors, barristers and others and will help in running the trial should the case not settle out of court.

The personal injury lawyers are on your team and here to win for you

Having The Personal Injury Lawyers on your side evens out the playing field.

You will more than likely be up against an experienced insurance company that has vast resources.

Those insurance companies are well aware that a self-represented claimant is completely unaware of what compensation they should receive for their injuries.

They will also run rings around a novice as they know how to properly win against those running their own car accident claim.

What do I Need to Know To Run A Compensation Claim?

A lot of work, knowledge and experience is required when negotiating an insurance settlement and running a motor vehicle accident lawsuit.

After you have been in a car accident, taking the time to do the time-consuming work involved in such a case and working your way through the legislation and procedures that applies to bringing such a claim is the last thing you should need to do.

Want the best compensation for your claim? Hire a good lawyer

Given that you’re also trying to deal and cope with your injuries, engaging an expert lawyer who has expertise in this area is just common sense and will take this burden off you of managing it on your own.

You’ll also be far more likely to end up with a much better compensation result.

Sadly we get some who try to run claims themselves and then want us to intervene when it’s too late, and they have received a terrible offer or worse, none at all…

Experience matters! get a good personal injury lawyer

This may be your first time dealing with motor vehicle accident lawyers, but The Personal Injury Lawyers deal with all possible types of claims and various insurance companies each and every day, all day long.

They have the experience in gathering the necessary evidence to support your case.

This includes:

  • police reports

  • witness statements

  • medical records

  • medical & other bills,

  • medical specialist reports and

  • information on employment and lost wages.

Organising the evidence for a compensation claim and paperwork can be daunting

Your compensation lawyer will also be able to organise the evidence and prepare a Schedule of Damages, which is a document outlining what you should seek to claim for in your claim.

If the case is not settled, your lawyer will take care of filing the necessary paperwork to start the case in court.

He or she will also deal with the other party’s lawyer on your behalf.

Having someone who is knowledgeable to handle your the hard work required can ease your burden, and this is especially important if you have been seriously injured and are trying to recover.

A lawyer advocates for you

The most important way your lawyer can help you in your car accident case is to be your advocate.

This means your lawyer is acting on your behalf and for your benefit during the entire claim process, and in court when filing a case has become necessary.

Your lawyer will be your champion before the judge and other lawyers, he or she makes sure that your side of the story is heard and you are properly compensated for all your losses.

Settling your case with the help of car accident lawyers

The best way to ensure that you’ll get the most satisfactory settlement in your motor vehicle claim is by presenting the most compelling case to the insurance company through your Schedule of Damages and persuasive follow-up negotiations. The following is a guide as to how this may occur.

1. Your Schedule of Damages

This document will set out the facts and circumstances of the accident, the extent of your injuries, and the medical treatment you have required for your injuries.

It also lists the medical treatments you will require in the future, as well as how your injuries have impacted upon your everyday living, social, domestic, recreational and employment activities.

Your lawyer will set the stage for settlement negotiations to begin in earnest through this document.

Your Schedule of Damages will set out all of the loss and damage you have sustained as a result of your car accident injuries, and it will usually be seeking an amount of money that is significantly higher than what you can reasonably expect to receive for your case should you go to a trial.

This will allow you and your lawyer to have some “room to move” during the negotiations.

2. Negotiating a Settlement

Once the insurance company receives your Schedule of Damages, they will consider it together with the supporting material your lawyers will provide to back up your claim.

Typically, the insurer will respond with a “lowball” offer of settlement to commence negotiations and from this point, offers can go back and forth in an attempt to resolve your case.

If a resolution cannot be reached, then your case will progress to a settlement conference, where further negotiations will take place in a further attempt to settle your claim.

If your case cannot reach a settlement at a conference, then your lawyer will commence legal proceedings in the Court and you will then start the litigation process toward a trial.

3. Mediation

Negotiations can continue throughout a claim, and even after failure to resolve at a conference.

If negotiations reach a standstill, it may be best to have a neutral party to facilitate the settlement and a mediator can become involved at this stage.

In fact, it is more often than not part of the litigation process to proceed through alternate dispute resolution via mediation before a case is set down for a trial.

A mediator is more often than not a very experienced personal injury barrister with significant professional experience in settling personal injury cases or car accident claims. He or she can offer a fresh perspective and can point out the strengths and weaknesses of both parties’ case.

A good mediator will often be able to bridge the gap between you and the other party and encourage an amicable solution, but this is not always the case.

If your claim does not resolve at mediation stage, then the case is set down for a trial date.

4. Accepting an offer

Before you reach any settlement of your claim, you and your lawyer should discuss the repercussions of such a settlement for you.

This means advising you of whether the offer is one that you should consider accepting having regard to the value of your claim, what the costs and risks are of proceeding further with your case, and what the settlement means to you in your hand after all statutory refunds are met and all legal costs and outlays are paid.

This is very important, as once you agree on a settlement of your case, there is no going back and seeking more compensation in the future.

Your claim will be finished and you cannot have another “bite at the cherry” later on.

Your lawyer will also advise you of how settlement of your claim may affect any social security payments you are receiving because you are unable to work due to your injuries, as often a preclusion period will apply.

 Claims Have Time Limits

✔  There is only a small window in which you can make compensation claims in Queensland

✔  Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing

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TPD claim lawyers Brisbane,
Gold Coast & Australia wide

As long established personal injury lawyers, we can help with Queensland motor vehicle accident claims, WorkCover compensation claims and many more claim services. We also offer Australia wide support to help you with your TPD super claim. Try our fast, free TPD compensation payout checker below.