Shine Lawyers offers a step by step guide on how to process a personal injury claim, and how we can assist you to make the process as easy as possible.
1. Step one - Assessment and recommendation
A client services consultant will give you information to help you decide on the best course of action for you. This might involve arranging a confidential meeting with a lawyer to discuss your matter in greater detail or asking you to gather further information. Your initial consultation with a lawyer is obligation free as part of our service to you. This first consultation will help you get some clarity and find out more about the options available to you.
A legal costs agreement will be given at this first consultation or sent to you confirming our preparedness to act on your behalf. It provides an outline of potential legal costs and how they're calculated. Work starts when you sign and return the legal costs agreement. A legal assistant will be allocated to you to help with your day-to-day enquiries and will usually be the first person to contact if you need help.
2. Step two - Preparing to take action
Initial preparation could include:
- Gathering information about your claim
- Requesting medical reports
- Organising for you to be medically examined
- Taking witness statements, and
- In some cases, obtaining specialist reports such as an engineer
Once our investigations are complete, we will advise you of the best way forward to pursue your case.
We constantly undertake a cost/benefit analysis to ensure that:
- Any proposed action is in your interests
- To help you to decide whether or not to commence a court action
- To accept or reject an offer
3. Step three - Settlement to court hearings
In some cases your claim can be resolved without court action.
If it's necessary to go to court, Shine Lawyers has the skill and experience to guide you through the complexities of court proceedings.
In most cases the commencement of legal proceedings will result in the parties getting together to discuss a resolution of the case - this is called a mediation. A vast majority of cases settle at this point.
If your case is successfully resolved all court proceedings are withdrawn.
Remember, only a very small percentage of cases result in a court hearing. If this happens, Shine Lawyers will prepare your case and ensure you are well informed of:
- relevant court processes
- duration of legal proceedings
- how to prepare to give evidence
- what to expect during cross examination
- legal costs implications
Preparation will also involve engaging a barrister to represent you at court as well as arranging the attendance of any witnesses.
In some circumstances if you are unsuccessful in your court case you may have the right to appeal the decision to a higher court. Your lawyer will be able to advise you about this.
Superannuation and Disability Insurance
If you are unable to work due to illness or injury you might be entitled to benefits through your superannuation or other insurance policies. We recommend speaking to one of our experts for a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim..