My Legal Blog

Howdy! I'm Dan Smith and I live with my wonderful family in Perth. This is my legal blog which aims to look at every part of the legal system. I should point out that i'm not a lawyer myself. However, my good friend Stan has been representing people in court for many years. I find Stan's work fascinating and I love asking him questions. I have even done a bit of my own research into the legal system. I decided to pull everything together here so I could organise my thoughts while also providing useful info for others. Thanks for checking out my blog!

A Guide on How To Seek Compensation For Personal Injury

Law Blog

Seeking compensation for personal injuries can be a daunting task. In the article below, you will learn the various considerations to make when seeking compensation and the process of seeking compensation. 

Find a Compensation Lawyer

A compensation lawyer will help you evaluate your claim. For example, you cannot claim compensation if the incident took place too long ago. Additionally, he or she will examine the likelihood of a positive outcome. For instance, if the person assaulted you, the lawyer would like to know what happened to eliminate the possibility of the other party arguing that he or she acted in self-defence. Your lawyer will also establish blame. For instance, if you suffered injuries at the workplace, you should sue the insurance company if your employer has a workers compensation cover. 

Most compensation lawyers in Australia give free consultations. Some have a no-win-no-fee policy. This means that you will not pay legal costs if the lawyer loses in court.

Gather Sufficient Evidence

To secure compensation for the injury, you will have to prove that the incident took place and that the accused party is liable for your damages. Therefore, you will need evidence such as police reports, witnesses, photographs and hospital reports.

In some cases, you may need experts to help you collect evidence. For example, imagine a situation where an employee claims to have suffered cancer due to poor working conditions. He or she would need scientists to prove and explain to the court what substances he or she was exposed to and the likelihood of these substances causing cancer.

Out-of-Court Negotiations

Once your lawyer is convinced that you will win the suit, he or she will contact the other party and claim compensation for the said injury. If the other party does not respond to this request, your lawyer will take him or her to court. 

Most personal injury cases are settled through an out-of-court process such as mediation, negotiation or arbitration. Once you agree on a reasonable figure, your lawyer will draft a settlement agreement that prohibits you from suing the defendant for the same injury. In some cases, you may need to sign a non-disclosure agreement. For instance, a non-disclosure agreement might be used in a situation where the defendant is a prominent figure or a reputable organisation. 

With the above tips, you should have an easy time seeking compensation for personal injury. Work with a compensation lawyer, gather sufficient evidence, consider out-of-court settlements and determine reasonable compensation. 


9 January 2020