A lawyer can help you decide whether you should make a claim and what type of claim you can make such as a motor vehicle accident or workers compensation claim. There are circumstances where you can make two different claims at the same time. It can be helpful to have a lawyer involved where there is more than one claim entitlement.

A lawyer’s job initially is to work out whether it is viable to make a claim based on the circumstances, the injury and the nature and extent of the injury. Your lawyer will investigate:

• whether you will be able to prove negligence;
• whether the accident directly caused your damage or loss; and
• how much compensation you might be entitled to claim.

Many personal injury lawyers work on a no win no fee basis. If your lawyer is offering their services on this basis you generally do not have to pay unless and until you have won your claim and have received compensation for your injury. Even when working on a no win no fee basis lawyers will require you to pay their expenses such as postage, photocopying, medical reports and examinations, expert reports and other relevant items. These are referred to as disbursements. Whether your lawyer will request this payment before your claim is finalised depends on your individual lawyer. It is up to you to negotiate your fee arrangements.

A common reason for disputes in personal injury claims are differences in opinion between the claimant and respondent regarding the circumstances of the injury. The respondent will attempt to claim that their action did not contribute to your injury. They may argue a different set of facts about the circumstances of your injury. Your lawyer will be experienced in presenting the best possible arguments to maximise your chances of success and the amount of compensation awarded.

If the person who caused or contributed to your injury was insured then your claim will usually be handled between yourself and an insurance company. These companies are often large, influential and experienced in defending personal injury claims. Making a claim against a large insurance company can be stressful. Working with a lawyer can remove a lot of that stress. Your lawyer will help you understand your legal rights, show you how to navigate the claim process and will keep you informed on a regular basis about the progress of your claim.