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How does a personal injury claim and process work – what are the steps?

If you were injured through no fault of your own, you may be eligible to make a personal injury claim. Learn more about the personal injury claims process in our step-by-step guide below. Whether your injury was on the road, at work or in a public place, Shine Lawyers has the expertise and experience to progress your claim and secure the compensation you deserve.  

2 minute read

Personal injury

Step one – personal injury claim assessment and recommendation 

When you contact Shine Lawyers, a Client Services Team (CST) member will listen to what happened to you and give you information to help you decide on your best course of action. This could involve our CST member asking you for further information about your injury or arranging an obligation-free, confidential meeting with a lawyer to discuss your matter in greater detail. This first consultation will help you understand your available legal options. 

No Win No Fee* legal cost agreement

If you decide to choose Shine Lawyers to represent you for your personal injury claim, we’ll explain our No Win No Fee* cost agreement to you. The cost agreement may be given to you at your first meeting or sent to you afterwards. It outlines the potential legal costs for your personal injury claim and how they're calculated.  

Legal work starts when you sign and return the legal cost agreement. We’ll let you know who your contact person at Shine will be, to help with your day-to-day enquiries. 

Step two – preparing to take action

To prove someone is at fault for your injury, your legal team must build and prepare your personal injury claim. The necessary documents, evidence and actions could include: 

  • Medical records and reports 

  • Organising additional medical examinations 

  • Witness statements from anyone who witnessed your injury 

  • Obtaining any CCTV footage of your injury occurring 

  • In some cases, obtaining specialist reports such as from an engineer or relevant medical specialist 

  • Engaging a barrister to advise on the legal prospects of your personal injury claim 

Once our investigations and preparations are complete, we will advise you of the best way forward to pursue your personal injury claim.

Step three – settlement to court hearings

In some cases, your personal injury claim can be resolved without going to court. 

If it's necessary to go to court, Shine Lawyers has the skill and experience to guide you through the complexities of court proceedings. For most personal injury claims, when the court process is formally started, the parties will meet to discuss a resolution of the case. This is called mediation. It’s through mediation that most personal injury claims settle, without continuing to a court hearing. 

If your personal injury claim continues to a court hearing, Shine Lawyers will prepare your case and ensure you are well-informed and know what to expect, every step of the way.

Superannuation and disability Insurance

It may be that your injury means you’re unable to work at all, or in any role suited to your education, training and experience. You could be entitled to additional claim benefits through your superannuation or other insurance policies. We can arrange for our superannuation and disability insurance lawyers to review your policy and let you know if you’re eligible to make a claim.  

Personal injury claims – Shine Lawyers can help

No matter where you’re located in Australia, Shine Lawyers can help with your personal injury claim. Our experienced personal injury lawyers are committed to securing the compensation you deserve so you can recover and move forward. Get in touch with Shine to help you right wrong. 

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