Medical Negligence

You tell us exactly what has happened to you. We review the details of the incident and tell you if your case has good prospects for success or if it does not. There are no costs to you for this advice, and you are under no obligation to proceed with legal action. Should you choose to make a claim, we submit a Notice of Claim to the other party notifying them of your intention to pursue a claim and the circumstances of your case within one month of the initial consultation.

The insurer investigates your claim to determine if they will accept liability in full or in part, or will deny that they are liable for your injuries. We continue to obtain updates from you in relation to your injuries, treatment, requirement for assistance, the status of your employment and so on. In some cases, it is appropriate for The Lawyer to liaise with the insurer to ensure that they assist you in obtaining rehabilitation for your injuries.

We compile evidence to assist in proving your claim to the insurer, including medical, taxation, nancial and employment records. We may also obtain expert medical reports depending on the nature of your injuries; and you may be required to attend medical examinations with specialists of the insurer’s choosing. Reports from experts in other elds that relate to your case may also be sought at this stage.

We give you an assessment of the amount you can reasonably expect as a settlement and, with your authorisation, we submit an opening offer to the insurer to commence settlement negotiations. Generally, settlements will be reached through these negotiations. Out-of court settlements
are usually in everyone’s best interest because they can resolve the claim faster, and with much less expense, than if the claim proceeds to trial. If a settlement can’t be achieved, we lodge court proceedings on your behalf in the appropriate court.

Once your claim has been successfully settled or judgement has been given in a court, we arrange for you to receive the funds to which you are entitled, and arrange for payment of your legal fees. Should the claim not be successful, The Lawyer does not charge you for legal fees or disbursements.

The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity of your case. Claims that go to the courts will take longer and be subject to the schedules of the court.