Motor vehicle accidents happen when you least expect them to. Often, you might not even be at fault in such accidents when they are caused by someone else’s negligence.
In Queensland, including Brisbane, the total number of fatalities caused by car accidents was about 284 in 2002. Brisbane’s top three causes of automobile crashes are fatigue, drunk driving and speeding.
If you receive injuries because of someone’s negligence, it’s essential to contact a leading compensation law firm like Attwood Marshall in Brisbane, who will ensure you get the compensation you deserve and assist you with the claims process.
Hiring an attorney to represent you in personal injury cases is vital because they can be highly complicated, involving filing deadlines and related procedures. For instance, in Brisbane, the time limit for making a claim varies between a month to nine months.
But how can an attorney help you, and what are some related details you should know regarding motor vehicle accidents? Read on to find out.
Process for making a claim
Although your lawyer will help you with the claims process, here’s some information to help you get an overall idea. Immediately after an accident, you should file a report with the Queensland Police and contact your attorney immediately.
If you cannot file a report yourself because of extensive injuries, your attorney will do it for you. You will be required to file a claims form and fill out a CTP medical certificate, which your lawyer will serve to the negligent driver’s CTP insurer.
Eligibility for the compensation
Queensland is a no-fault state, which means that if you receive an injury in a car accident in Brisbane, the State entitles you to receive adequate compensation without proving that you were not at fault. Queensland was earlier an at-fault state but changed to a no-fault state on 1st July 2016.
Is there a maximum claims limit?
In Queensland and Brisbane, the maximum compensation you can demand in motor vehicle accidents is 400,300 AUD. However, the exact amount depends on factors like the severity of your injuries, income and qualifications, treatment requirements, and to what extent the damage has made you incapable of earning an income.
How will your lawyer estimate the compensatory amount?
In Brisbane, most attorneys will assess your claim’s value only after you are medically stable and ordinary. Once your injuries are stable, an independent medico-legal assessor will check your health and the effect of the damages on various aspects of your life.
Finally, your lawyer will analyze the report and other evidence to estimate a claim’s value. The average settlement for an injury case in Brisbane is about 357,600 AUD for severe injuries and 146,400 AUD for moderate ones.
What are the time limits?
The time limits depend on the claim you make through your lawyer. For example, for a standard claim, you should serve a Notice of Accident Claims Form to the negligent party’s insurer within nine months after the accident.
For a nominal defendant’s claim, where the at-fault vehicle was uninsured, unregistered or unidentified, your attorney must serve the notice three months after the accident.
How to choose a lawyer?
Many compensation lawyers in Brisbane work on a no-win, no-fee basis. As per the agreement, you must pay the fee only if you win the case and receive compensation.
However, before doing so, you should discuss with the attorney the terms and conditions of such an agreement. Usually, they are subject to the law firm’s approval and the winning chances of a case.
It is vital to hire a good compensation lawyer like Attwood Marshall in Brisbane to get the proper compensation after a motor vehicle accident. They will help you in every way possible, from filing the claims on time to ensuring you receive fair compensation.