While we don’t ever want to be involved in an accident, the fact remains that there may come a time when you will be. And if that day arrives, you want to be well prepared and to know what you need to do.
There are legal obligations that you need to adhere to, and you’ll also want to ensure that you are protected in the event of being at fault, or if you were not at fault and need to seek personal injury compensation.
This is a short guide for what you need to do if you have been involved in a road accident.
When the Accident Has Just Happened
First of all, you need to stay on the scene. Make sure everyone involved in the accident is safe, and if someone has been injured or killed, you will definitely need to provide a police statement.
You need to call 000 (triple zero) if there is an emergency, an injury requiring medical attention, or a death. Also, if there is a hazardous environment or a threat to public safety from things like downed power lines or spilt fuel or goods, you’ll also need to call emergency services.
If you suspect that drugs or alcohol are involved, you’ll need to call Policelink on 131 444. Call Policelink if a driver fails to provide their information or if a driver has an impairment or a disability and requires police assistance. You need to:
Exchange information with the other people involved in the crash
Arrange for your car to be moved (if it is safe to do so)
Report the accident to the Queensland Police Services within a 24-hour period
If you have returned to your unattended vehicle and found minor damage (and the other driver has already left the scene), you can also report this to the police to help with an insurance claim.
You need to provide the following ‘required particular’ information to the other driver:
Your name and address (plus the name and address of the vehicle owner if you don’t own the car/vehicle)
The registration number of the vehicle
Anything else necessary to identify the vehicle
Take pictures of the accident, the position of the car(s) and any injuries for you or anyone else who has been in the car with you.
After the Accident
We recommend that you seek legal advice if you were the at-fault driver, or if you have been injured. If you haven’t got the other person’s name or details but you have their registration plate number, it’s possible to find their information by searching online at the Department of Transport. If you have been involved in an accident and were at fault, the police may charge you with a traffic offence which means it’s vital that whether you were at fault or not, you seek legal representation.
Seek Medical Attention
While many people feel fine immediately after an accident, it can be shock that is masking an injury, and a true representation of how you feel might not appear until a day or a few days later. It’s vital that you get a comprehensive medical assessment immediately after your accident, especially if you are feeling any pain, discomfort, dizziness or numbness anywhere in your body.
This is the best thing for your physical health but also ensures that you are protected in the event that you need to seek personal injury compensation. After all, it may be tough to prove that your injuries were as a result of your car accident if you wait days or weeks after the crash.
You may be seeing specialists and visiting multiple healthcare professionals. Make sure that you take detailed notes of anyone that you visit. Keep it all in a diary or monitor it somehow – along with the total costs you spend. Keep your receipts if you need assistive devices like crutches or a wheelchair, and also keep records on the following:
A journal or daily diary about your injuries and any of your medical treatment. Be specific here – really specific – about how much pain you are in, any inconvenience, any loss of function or missed opportunities due to your injury and any household jobs that you can no longer do. Also, keep track of who has been ‘picking up the slack’ so to speak, with household tasks and duties.
Any medical correspondence from practitioners (including phone calls, emails and appointments)
Any special food, treatment aids or anything else related to your injury
Travel to and from appointments
Pictures of injury progress
Financial losses or lost opportunities at work or professionally otherwise
Seek legal advice and representation
We are here for you to make the compensation process simple. While a claim is never easy to go through, we can make the whole process smooth and as hassle-free as possible, leaving you free to concentrate on getting better and being there for your family. Without legal advice, you will find it very difficult to access the full range of compensation that you are entitled to.
We are Brisbane’s expert TPD personal injury lawyers and would like to speak with you about your accident and help you move forward. Contact us today on 07 3416 4999 or get in touch online for a free consultation.
Have you been injured at work? We empathise. This can be a very stressful time, especially if you are unable to work for an extended period of time and have a family and financial commitments to think about.
Our goal as your legal representation is to help you with compensation so that your injury management is timely, safe, secure and comfortable. We want to help you return to work if possible, and to make the transition from working to recovery, and back to work again, smooth.
Often when people are injured at work, it is a highly anxious time. Workers wonder if their injury will be believed and whether they will be paid appropriate compensation for their injuries. There’s also the added stress of what to do if they cannot return to work. You have rights as an employee, and we will go over these in more detail here to make your workplace personal injury claim a straightforward process.
What to Do if You Have Been Injured at Work
Tell your supervisor or the person in charge at your workplace that you have been injured. Get a workplace injury report written up and be sure to sign it and get it completed. If you are injured to the point of needing hospital treatment, you will need to go to the appropriate medical centre for this.
If you are seeking medical treatment independently, be sure to let your treating physician know that you are being treated for a workplace injury.
Get the necessary paperwork together and take it to your employer or to WorkCover direct and start your application for compensation.
Go to the necessary appointments for your treatment and participate in your rehabilitation.
Seek legal advice if necessary to ensure that your claim for compensation is completed successfully and fully.
Do I have to go to the doctor my employer recommends?
No. If your injuries are sufficiently severe, you’ll need to attend the nearest medical facility – but you’re also entitled to seek treatment from your regular doctor. At no time during the life of your injury can you be made to see a particular doctor or to attend a certain facility. You’re always entitled to seek a second or third opinion and to get treatment from a doctor who you trust.
Do I have to sign an authorisation form which allows my employer to seek information from my medical professional?
No. You are under no obligation to provide authorisation for your employer to speak to your medical professional. Privacy laws protect you, and your employer may try to get you to sign an authority to speak with your doctor directly. You are under no obligation to allow your employer to do this, and if you do not wish this to happen or if you would prefer to allow your employer to speak to your doctor through you, simply don’t sign an authorisation.
Who do I need to lodge my claim through?
Many employers will offer you advice and assistance in getting your claim started. But if you don’t want to deal with the claim yourself, you can lodge this through WorkCover or through legal representation.
When do I need to lodge my claim?
While it’s pertinent that you should lodge your claim as soon as possible if there’s an injury, you do need to make a claim within six months after becoming aware that you have an injury.
Can my employer fire me for making a compensation claim?
No. The laws around workers compensation protect you from being terminated from your employment for a period of twelve months after an injury (if the termination arises from your workplace injury). If you have been fired within a twelve-month period, it’s important that you seek legal advice as we may be able to speak with you about this matter.
What happens if my claim isn’t accepted?
If your claim for compensation is not accepted, please contact us immediately. There are appeals that can be lodged, and we can help you with this. Your injuries are important, and we can help you no matter what stage you are at.
Timeliness In A No Win No Fee Personal Injury Claim
“There is a tide in the affairs of men. Which, taken at the flood, leads on to fortune” – Shakespeare
While Shakespeare may have been ambitious about leading on to fortune with regards to Personal Injury Claims, which are more about compensation than enrichment. That is to return the client to a position he or she would have been had the injury not occurred. Where Shakespeare is correct though is the importance of timeliness, “taking the tide at the flood” as it were.
Immediately after an accident, the most important thing you should do is look after your health. Then you can begin thinking about personal injury claims; bearing in mind that you can lose your right to claim for compensation if you fail to take certain steps within the required time frames.
It is essential to instruct a lawyer well before the expiry dates because there are procedures that must be done before commencing legal proceedings. Failure to act in time may result in you losing your right to claim compensation forever; or as Shakespeare would have it “Omitted, all the voyage of their life is bound in shallows and in miseries”
Here at Revolution Law, we offer a free first consultation, during which your claim will be assessed and you will be advised accordingly. We collect all the documents, medical reports and statements on your behalf and make sure that your claim is lodged in a timely manner. And ”On such a full sea we can now float, and take the current as it serves and not lose our venture”.
To find out more about lodging your claim in a timely manner contact us by phone or send us an email.
Word Is Getting Out About Revolution Law – What A Day
We have had some rapid growth in new personal injury clients occurring over the past few months particularly with our referral base where the word about our capped fees on no win, no fee personal injury claims is really getting out.
We’ve seen client enquiries and visitor numbers to our website increasing Gradually each & every month but today we literally saw an explosion in visitors and client enquiries alike.
Whilst we are extremely happy to see our firm excel, we actually find more happiness in being able to help everyday Queenslanders as we love nothing more than to see them from the start of their journey from the difficult times to the better times when we are able to provide some closure and obtain justified compensation but also go one step further to ensure that they always receive the majority of their settlement, rather than losing half.
So we thought we would share you in our success, not just today but our overriding success in helping others with the personal injury claims whether it be a motor vehicle accident to a work injury claim – we are there for you!
A snapshot of our successful day today (and it isn’t even over) with an explosion of Queensland Based Visitors
Personal injury lawyers are not only expert injury lawyers; they are also brilliant sales representatives for their firms. When you meet with a lawyer, it’s important to be able to see through all the fancy fluff and legal lingo to make sure you will not only to get the best deal but also the best service. If you are looking for the best reviews of personal injury lawyers then you will need these three top tips to help in your search.
1. Shop Around
There are plenty of personal injury law firms. Big brand firms can easily spend hundreds of thousands a year on advertising. With so many claims opening these firms can become like legal sweat shops as lawyers have such huge caseloads. Obviously with so much pressure, those lawyers are often in a position where they need to get quick results without taking the time to get the best results. You certainly don’t want a lawyer that will churn and burn through your claim, particularly if you have what they may term as ‘a lower end’ or ‘minor’ claim that won’t necessarily result in serious profit for the law firm. It’s important that you find a lawyer that genuinely cares. Furthermore, it definitely helps when a firm relies on word of mouth to retain clients as opposed to marketing because then you know that the firm is going above and beyond to ensure their clients have the best legal experience.
2. Take advantage of the free meeting
Remember lawyers are excellent at sales, so be wary. It’s a good idea to have a support person with you in the meeting as you will be inundated with information and then pressured to sign paperwork. You do not have to sign right there as you should be advised to obtain independent advice regarding the client agreement however if you do, the client agreement should contain a cooling off period of five business days. Make sure you understand the terminology the lawyers will be using, if you don’t then ask the lawyer to explain exactly what they mean. Many of the online reviews about law firms are often a result of clients not understanding what was going to happen until it was all said and done – that’s one way to feel like you have been taken advantage of. Client meetings are also a great opportunity to get to know your Lawyer. Some great questions to ask your Lawyer would include:
How many files are they personally handing?
Will you be able to contact them directly via either text or phone?
How they will be providing you with updates and at what frequency you will be receiving them?
What type of experience in this area of law have they had?
3. Know the costs
It is important for you to understand the actual costs of your claim. Lawyers are entitled to uplift their fees by up to 25 % of their normal hourly rates if they reach a successful outcome. It isn’t hard to believe that a lawyer would not take on your case unless they were confident with its potential success so avoid a firm that wants to chew into your settlement via the uplift fee clause. At Revolution Law- there is no uplift.
We will take you through a fee disclosure to ensure you are not blindsided by costs. Personal injury law firms also have to cap their fees at 50% of the total settlement amount. This does not mean we will take 50% of your settlement, it just means in low-end claims which may only settle for 30 thousand, we would be capped at 15 thousand dollars for legal fees. To settle a claim takes 12-18 months and easily 100 plus hours of legal work. This 50% cap simply protects people from losing all their money in legal fees.
Obviously, this might make you question if you should get a personal injury lawyer for a low-end claim. This is when you take advantage of our free consultation. We will look at how viable your claim is and you can question us on whether it’s worth running yourself. We will have no hesitation in reviewing and determining this for you.
It’s a daunting experience particularly after a life-altering event such as an accident.
We wish you the best in your search for a personal injury lawyer and remember, personal injury lawyers aren’t all that bad if you find one will to go above and beyond!
If you have any queries or need for a second opinion, then call and chat to one of the Revolution Law lawyers today.