How do you structure your fees?

We were among the first Queensland law firms to offer ‘No Win, No Fee’ services. Put simply, you pay nothing until we win your settlement through negotiation with the ‘at fault’ party or, as in most cases, their insurer. Learn more about our fees here.

What experience do you have with cases like mine?

To answer this question, we’ll need to learn more about your case or claim. Simply request your free consultation with us, tell us more about your case, and we can tell you about similar cases and the outcomes we achieved. Your consultation is “zero obligation” which means you don’t have to choose us as your lawyer.

Can you provide references from other clients?

Yes, of course. Simply request your free consultation with us, tell us what you’d like to know and the type of client you’d like to hear from, and we’ll gladly provide a reference from them. Your consultation is “zero obligation” which means you don’t have to choose us as your lawyer. Or, you can take a look at the “happy clients” on our website.

Do I have to pay for an initial consultation?

No! We will never charge you for your initial consultation. In fact, you pay nothing until you win your case. Our fees come directly from your end result, which means you don’t have to pay anything out of pocket.

How Much Compensation Can I Expect for My Personal Injury Case in Queensland?

Experiencing a personal injury can be one of the most challenging times in a person’s life, bringing with it a whirlwind of emotions and uncertainties. Questions often arise such as: Will I recover fully? What kind of treatment will I need? Can I return to my job, and if so, when? How long will I be without a full income, or will I have to manage on a reduced salary? These uncertainties make it entirely natural to want clarity on the financial compensation that may be available through a personal injury claim.

Understanding Compensation in Personal Injury Cases

The unfortunate truth is that there is no straightforward answer to the question of how much compensation one can expect for a personal injury case. Each claim is unique, influenced by various factors, including the nature and severity of the injury, the circumstances of the accident, and the impact it has had on the claimant’s life. Therefore, compensation amounts can vary widely from case to case.

Once a settlement is reached, it is often referred to as a “once and for all” settlement. This term signifies that the settlement is final and the injured party cannot return later to seek additional compensation related to the same incident. It’s crucial to consider all current and potential future losses before agreeing to a settlement, which makes the assessment of your injury and its long-term effects critical.

The Importance of Medical Stability

To adequately assess past and future losses, your injury must be stable. This means that you have reached what is termed “maximum medical improvement” (MMI). In simpler terms, this means your injury has either plateaued—neither improving nor deteriorating. If you are seeking legal advice before your injury has stabilised and been properly assessed, lawyers may find it challenging to predict the long-term impacts of the injury. As a result, they might not be able to provide precise information regarding the monetary value of your claim.

Throughout the claims process, lawyers will gather extensive evidence regarding the injury’s impact, including financial losses and expected future expenses. This comprehensive evaluation allows them to offer informed advice regarding the likely compensation amount you could receive if your case proceeds to court.

Evaluating the Worth of a Compensation Claim

A common question many individuals ask when contemplating a claim for compensation is whether pursuing it is financially worthwhile. This evaluation typically involves two key considerations:

Will the compensation awarded justify the emotional and time investment required to pursue the claim?
Will the amount received after deducting legal fees and potential government refunds still be beneficial?

It is common for personal injury lawyers to offer an obligation-free assessment to address these concerns. While all medical evidence may not yet be available, lawyers can provide insights based on their expertise regarding the viability of pursuing the claim. During this initial assessment, they will gather information about the accident’s circumstances, including the nature of your injury, treatment costs, medical prognosis, and how the injury has affected your ability to work. This data is essential for evaluating the merits of your case.

Types of Personal Injury Claims in Queensland

In Queensland, personal injury lawyers typically handle cases arising from negligence—where one party’s breach of duty of care results in injury to another. Below are some common categories of personal injury claims.

Motor Vehicle Accidents

Motor vehicle accidents are one of the most prevalent types of personal injury claims. The injuries sustained in these accidents can range from minor to severe and can arise from various scenarios, including:

Collisions between two vehicles
A vehicle striking a pedestrian, cyclist, or another type of transport
Reckless or dangerous driving leading to accidents
Accidents involving forklifts or agricultural vehicles
Stolen vehicles causing harm
Hit-and-run incidents

It’s important to note that an accident does not need to occur on a public road for you to have the right to claim compensation. Seeking legal advice is recommended to understand your rights and options.

Work Accidents

Workplace accidents, commonly referred to as WorkCover claims, can happen for several reasons, including:

Inadequate training or supervision
Defective equipment
Unsafe working practices
Bullying or harassment
Mistakes made by colleagues

Legal guidance is essential in these situations to navigate your rights and obligations related to your workplace incident.

Public Liability Claims

Public liability claims can arise in various contexts, often resulting from slips, trips, and falls in both public and private settings. Common scenarios include:

Injuries caused by animal bites
Incidents involving fire or explosions
Defective products leading to harm
Food poisoning from improper hygiene
Accidents occurring at construction sites, schools, or recreational facilities

As with other types of claims, seeking legal counsel is advisable to fully understand your situation and potential entitlements.

Total and Permanent Disability (TPD)

If you have a TPD insurance policy—either independently or as part of your superannuation—you may be entitled to make a claim if you have suffered a serious injury or illness that prevents you from returning to work in the same capacity. It’s worth noting that proving negligence is not necessary for TPD claims, making them distinct from other personal injury claims. Many individuals are unaware of their TPD coverage, and legal assistance can help clarify your entitlements.

A frequently asked question is whether one can pursue both a negligence claim and a TPD claim concurrently. In most cases, the answer is yes. If you have multiple TPD policies, you may also be able to claim from each, leading to potential benefits from several policies.

Professional Negligence

Professional negligence claims arise when a professional, such as a doctor or lawyer, fails to meet their standard of care, resulting in harm to a client. For example, if a doctor’s negligent actions exacerbate a patient’s condition, the patient may have grounds for a medical negligence claim. In the context of personal injury, if a lawyer gives poor advice or fails to meet essential deadlines, they may also be held liable for professional negligence.

Assessing the Validity of Your Personal Injury Claim

Whether you refer to it as compensation, damages, or reimbursement, determining the validity of a personal injury claim in Queensland hinges on the specific circumstances surrounding the incident. The law delineates who can seek compensation, the processes for making a claim, and how those claims are evaluated for potential financial awards.

If you’ve sustained an injury in Queensland and meet the relevant legal timeframes, you may be entitled to seek compensation. Claims can be filed under both fault and no-fault schemes.

Fault Claims

In terms of negligence, a fault claim typically arises when one party is responsible for causing an injury. For example, if a driver runs a red light and hits a pedestrian, the pedestrian can claim for injuries sustained. In these cases, lawyers will examine whether a duty of care existed and whether that duty was breached to establish entitlement to a claim.

No-Fault Claims

You may also be eligible for a claim even when no party is at fault. An instance of this could be an injury sustained while carrying out an activity where no one is responsible, but you have income protection or TPD insurance. In such situations, your eligibility to claim depends on the terms outlined in the relevant insurance policy. It’s critical to seek legal advice tailored to your specific circumstances, particularly considering the time limits for claims.

Understanding ‘No Win No Fee’ Arrangements in Queensland

The majority of personal injury claims in Queensland operate under a ‘no win, no fee‘ basis. This means that claimants are not required to pay upfront legal fees, and lawyers receive payment only if the claim is successful. Such arrangements ensure that financial constraints do not prevent individuals from seeking justice and compensation for their injuries.

Navigating the legal process after an injury can be daunting, and the ‘no win, no fee‘ model provides a means for individuals to access legal representation without financial pressure. This article aims to clarify the workings of ‘no win, no fee’ agreements in Queensland and help you find the legal support you need during this challenging time.

What Does ‘No Win, No Fee’ Mean?

The ‘no win, no fee‘ agreement, also known as a conditional fee agreement, allows clients to pursue claims without the immediate burden of legal fees. If the lawyer successfully secures compensation for the client, their fees are paid from the settlement amount. This model is common in Queensland’s personal injury cases, promoting access to justice for those who may otherwise struggle to afford legal representation.

How Are Legal Fees Structured?

A common query relates to the percentage a lawyer may charge from a settlement. In Queensland, contingency fees, which tie legal fees directly to the settlement amount, are not permitted. Instead, law firms may provide clients with a fee cap—this means that if the work done exceeds the agreed percentage, the lawyer will reduce their fees accordingly. This practice offers reassurance that legal fees will not exceed the client’s final compensation amount.

Fee Guarantees and Transparency

At Trilby Misso, we honour a fee guarantee that adheres to the 50:50 rule. Regardless of the work we undertake, we will never charge fees that exceed the amount the client takes home after deducting any refunds and expenses. If our work surpasses the amount you receive, we will adjust our fees so that they do not exceed what you receive.

Understanding Uplift Fees

It’s also essential to clarify whether your lawyer will charge an uplift fee. At Trilby Misso, we do not impose uplift fees, which can add an additional 25% to lawyer fees, significantly impacting the settlement amount.

Exploring Your Legal Options

If you’re considering making a personal injury claim, it’s essential to understand the potential outcomes and processes involved. Here are some key points to consider when looking for a ‘no win, no fee’ injury lawyer in Queensland:

Finding the Right Lawyer: Research local personal injury lawyers who offer ‘no win, no fee’ arrangements. Look for reviews and testimonials from previous clients.
Initial Consultations: Many firms, including Trilby Misso, provide free initial consultations to assess your claim and discuss your rights without any obligation.
Discuss Your Case: Use the consultation to share details about your injury, the accident, and any evidence you have. This information will help the lawyer gauge the strength of your case.
Clarify Fees: Ensure you understand the fee structure before proceeding. Ask about any potential additional costs or fees that may arise during the process.

Conclusion

While navigating a personal injury claim can seem overwhelming, understanding the process and potential compensation can provide peace of mind. Remember, each case is unique, and your compensation will depend on various factors, including the specifics of your injury, the impact on your life, and the circumstances surrounding the incident. If you have been injured and are considering a claim, don’t hesitate to seek legal advice tailored to your situation. At Trilby Misso, we are here to guide you through the process, ensuring you understand your rights and options every step of the way.

Frequently Asked Questions

1. What factors determine the amount of compensation I can receive?
The amount of compensation is influenced by the severity of the injury, the impact on your life, medical expenses, lost income, and the circumstances of the accident.

2. Can I claim for future medical expenses?
Yes, if your injury requires ongoing treatment or support, you can include these future expenses in your claim.

3. How long do I have to make a personal injury claim in Queensland?
Generally, you have three years from the date of the injury to lodge a claim, although specific timeframes may vary based on the type of claim.