Medical negligence compensation claims handled by most solicitors in Australia are genuinely risk free. Almost all lawyers will give free initial advice with no obligation. Many lawyers work on a no win no fee basis, which usually means you never pay anything, including court fees and expenses. If you fail to win compensation, on a no win no fee deal, then you pay nothing to your own lawyer – and if you do win you may receive 100% of the compensation that is agreed or awarded by the court.
Your injury may have already caused you financial, mental or physical problems. Many injuries result in long term loss of earnings and deteriorating health. To be adequately compensated for your losses you should obtain professional medical negligence claims advice from a qualified solicitor. Most specialist medical negligence solicitors are located in the population centres of Sydney, Melbourne, Canberra, Perth, Adelaide, Brisbane and Darwin.
Compensation Awards
Compensation is divided into two main categories being those where items of loss can be calculated accurately known as ‘special damages’ and those that require assessment and are known as ‘general damages. Damages that can be recovered in accident compensation claims may include: –
pain and suffering
loss of wages
loss of other job opportunities
loss of a congenial job
disadvantage on the labour market
reducing of the enjoyment of leisure time
loss of lifestyle
out of pocket expenses
expenses for care
interest on losses
Reconsideration
If there is a “measurable” chance that your health will deteriorate as a result of the injuries the Court can reconsider the issue of damages on several occasions. The court can award periodical payments in cases where the life expectancy is uncertain.
Damages
General damages represent compensation that can be calculated accurately and is usually proved by documentary evidence including receipts or estimates for the specific items of loss. Special damages represent compensation that requires a degree of assessment. In making these assessments in accident compensation claims, judges will rely on evidence obtained from experts or specialists and in assessing damages for personal injury will rely on their own previous experience, on previously decided cases and on official guidelines published by the Judicial Studies Board.
Time Limits
Certain injuries caused by medical negligence take a long time to settle down and during this time you can suffer considerable financial expenses and losses. The law is in place in these situations to protect your hard-earned money. If someone else was responsible for causing you injury, then it is important to act immediately and take advice on a medical negligence claim. Time is of the essence in these cases and you risk losing the right to claim if you do not act promptly. There is a general three year rule subject to some exceptions – you should take advice.
Compensation Culture?
As a result of massive advertising campaigns in the media, the general public is now more familiar with their legal rights to claim damages for personal injury occurring as a result of medical negligence. This has lead to a growth in the number of specialist solicitors in Sydney, Melbourne, Canberra, Perth, Adelaide, Brisbane and Darwin and an increase in the number of personal injury claims that the newspapers often erroneously refer to as a ‘compensation culture’ which is far from the truth with the phenomena merely reflecting a better awareness of legal rights by those victims who have suffered injury at the hands of a negligent third party.
A specialist compensation solicitors can help if you have suffered an injury or any type of financial loss because of the negligence of another person. Damages are intended to put the aggrieved victim back into the position that they would have been had the accident not occurred and a lawyer can help to achieve that goal.
The no win no fee arrangement operates in such a way that if your claim is not successful then you won’t be charged any legal fees however if you do succeed in your claim and you do recover compensation from the third party or their insurers then your solicitors legal charges will be paid by the negligent third party and/or their insurers.
A personal injury lawyer’s main function is to look at the factors that surround your loss or injury and then give an opinion with regards to your chances of successfully making a claim. When your case is accepted the next step in the process is to quantify your loss and then devise an action plan. While the main items of the claim may be clear many people fail to realise that there are other less obvious losses that can be included in the claim which is where the skills of an expert lawyer come in to ensure that you are fully compensated for every aspect of your potential claim. If you make your claim unrepresented there is a real danger that the insurers, whose only true responsibility is to their shareholders, will attempt to settle your claim directly with you at well below a realistic market value.