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The role of a Personal Injury Lawyer

What is the role of a personal injury lawyer?

The life of a person who suffers an injury at work, on the road or in a public place will be turned upside down immediately. The loss of regular income, expensive medical appointments, and rehabilitation expenses can quickly add up and significantly strain the weekly budget.

A Personal Injury lawyer will assist you or any claimant in getting the best legal advice, necessary rehabilitation services required to manage their injuries, obtain funding for specialist medical appointments, and a percentage of their weekly wages if the claimant is injured during their employment.

Rehabilitation

Insurers have an obligation to pay for claimants‘ reasonable and necessary rehabilitation expenses. These types of services are generally physiotherapy or psychological treatment, although for more serious injuries, additional and more specific rehabilitation funding can be sought.

Generally, a referral from a claimant’s General Practitioner is required and then provided to the insurer. From there, the service provider will complete the necessary documentation and the insurer will decide whether to fund the treatment moving forward.

Funding is generally approved in ‘blocks’. So, for example, six (6) sessions over a six (6) week period would be approved initially. The insurer would speak to the service provider and further determine whether additional funding is reasonable and necessary.

If the claimant is injured at work, there are provisions in the Workers Compensation legislation that allows a claimant to claim a percentage of their weekly income whilst they are incapacitated and unable to work. Unfortunately, there are no such provisions in either the Motor Accident Insurance legislation or the Personal Injury Proceedings legislation. An eligible claimant may be entitled to financial assistance through the National Insurance Disability Scheme. Talk to Gold Coast’s best Compensation lawyer to check your eligibility.

Whilst a claimant may not claim financial loss throughout the duration of their claim, a claim for Past Economic Loss may be brought at the time of settlement, which seeks to compensate the claimant from the date of the injury through to the date of judgment/settlement.

Compensation

Data published by the Motor Accident Insurance Commission shows that legally represented claimants were, on average, awarded a total settlement sum of $93,305.46. compared to self-represented claimants who, on average, were awarded a total settlement sum of $13,481.94.

A Personal Injury lawyer will gather the appropriate medical, economic, and other evidence and present your total loss and damage to the Insurer to ensure that you are fairly compensated for your injuries. You can only make one claim for loss and damage following an accident. Once your claim is settled or judgment awarded, there is no avenue to seek additional compensation for those injuries.

That is why engaging a Personal Injury lawyer is the best way to safeguard your interests and ensure that a just and fair outcome is reached. Because of this, it is vital that claims do not settle until all the evidence has been gathered to maximise your claim and ensure that the injuries are appropriately compensated. At MCG Legal, We work on a no win, no fee basis for personal injury cases.

The key role of a Personal Injury lawyer is to have a detailed knowledge of your claim, gather relevant evidence, advocate strongly for you at Compulsory Conferences and have the knowledge to understand complex legal issues. Often claimants who are not represented will settle their claim informally either at an informal conference or by way of a written offer by the insurer before there is a complete understanding of the total loss and damage suffered.

Generally, the largest component of a claim is Past and Future Economic Loss. Expert evidence obtained to understand what the actual economic loss is and the capacity a claimant will be able to work in the future as a result of the injuries. This evidence is relied upon when making an assessment of any claim for economic loss, along with the evidence from the claimant themselves.

The expert evidence will also address other relevant heads of damage, such as past and future rehabilitation, aids and equipment, pharmaceuticals, care and assistance and any other restrictions on claimants (sports, hobbies, interests etc.) following the accident.

As you can see, our team at MCG Legal has the expertise to guide you through your personal injury claims. We are the best personal injury lawyers in Gold Coast and provide a free no-obligation consultation to discuss your personal injury matter and your entitled compensation.

Fill in the form and our personal injury law team will get in touch with you.

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We are an experienced law firm in Gold Coast providing you with the best legal advice in the areas of Family Law, Conveyancing, Personal Injury, Commercial Law, Estate Planning and Traffic Law. Get in touch with us for a free initial consultation

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