How do accident lawyers provide a payout estimate?
Any initial estimate a Lawyer will give you is guesswork, yes, guesswork can be pretty good depending on the experience of your Lawyer, but it is not Legal advice. Your final compensation outcome is based on your situation, and the evidence obtained to support your claim. There is no ‘average payout’ for injuries such as whiplash or pain and suffering after a car accident. In the case listed below of Mr Busch, who self-represented for over seven years, he attempted to claim injury damages for over $2,000,000.00, and after all of this time and work he put in, the judge only awarded him $5000.00. The court documents referred to the lack of evidence to support his compensation claim. This result must have been incredibly disappointing for Mr Busch. The evidence is a critical part of the process and the compensation outcome, which is why Lawyers collect and analyse it over many months. Once you have recovered as best as you can from your injuries, the Barista and Your Lawyer use this evidence and draft a confidential quantum of advice. This advice is given to you before your mediation, and it provides you a compensation range that we predict your claim to settle within.
We would love to meet with you and have one of our very experienced lawyers explain how we can help you obtain the proper evidence in the right manner to achieve the best possible outcome for you.
Your initial chat with a Lawyer is free, and there is no obligation to proceed. We can just advise you if you have a claim, answer any questions and let you know how we can help.
These are examples of compensation payouts in matters that recently went to court. It is very uncommon for car accident personal injury claims to end up in court. When they do, the information is publicly available in what is otherwise a strictly confidential outcome.
Murphy v Turner-Jones  QSC 40 – Awarded $200,776.07 plus costs
Mr Murphey, aged 50, claimed serious injuries, including whiplash and polytrauma at each level of his spine and pelvis. The defendant claimed he suffered only a mild strain on the spine.
The judge accepted the defendant’s case that the motor vehicle accident was at low speed and had a minor impact with minimal damage to both vehicles.
The judge further determined that although the impact was minor, it did not conclude that Mr Murphy has not suffered from a high level of neck or spinal injury symptoms.
Injury Compensation Outcome
Pain and suffering
Item 88 ISV 10
Past loss of economic capacity
Future economic loss
Future economic loss
Interest on medical expenses
$4,467.37 x 1.48% for 4.5 years ÷ 2
Future medical expenses
O’Connor v Wright  QDC 173– Awarded $30,880.00
In January 2018, Ms. O’Connor, then 19, was driving her motor vehicle north on the Bruce Highway. Ms O’Connor slowed her vehicle to nearly a stop before being rear-ended by a car travelling at about 70km per hour. Ms O’Conner sustained a soft tissue injury to her cervical and thoracolumbar spine, aggravating pre-existing thoracolumbar scoliosis.
Injury Compensation Outcome
Head of Damage
Past Special Damages (including interest to date)
Future economic loss
Ketchell v RACQ insurance Limited  QDC 307– Awarded $479,884.70.
Mr Ketchell, the plaintiff, was outside the front of the Royal Hotel in Ingham on April 2014 when a driver lost control of his motor vehicle. The car left the roadway, became airborne and struck Mr. Ketchell on his ankle, causing him to spin around onto his back. Mr Ketchell experienced immediate pain in his thoracic spine.
The judgment for Mr Ketchell was the sum of $479,884.70.
McKay v Armstrong  QDC 127– Awarded $77,473.73
On Valentine’s Day, 2014, Ms McKay obtained injuries when a driver lost control of his vehicle and collided with her vehicle. Ms McKay suffered a predominant injury to her shoulder region with painful symptoms radiating up her neck, with a secondary psychiatric injury of adjustment disorder with anxious and depressed mood minorly attributable to the accident
Mr Hariharan suffered personal injuries from a motor vehicle accident that occurred in early 2017. Mr Hariharan was “T-boned” when the other car driver disobeyed a red light.
As a result of the accident, Mr Hariharan suffered a generalised musculoligamentous and soft tissue injury to the cervical spine and aggravation of mild pre-existing degenerative changes to the cervical spine.
The defendant pleaded that the accident caused a minor and temporary soft tissue injury which has long since resolved and therefore Mr. Hariharan suffered little loss.
Injury Compensation Outcome
Past Economic Loss
Future Economic Loss
Past Special Damages
Future Special Damages
Future Special Damages
Busch v Parker & Anor  QSC 211 Awarded $5000
In 2014 Mr Busch, age 48, was involved in a car accident. The insurer accepted liability for the accident. Mr Busch represented himself in his personal injury claim; this claim went to trial in 2022 when Mr Busch was 56. Mr Busch presented his personal assessment of damages with an appeal for $2,045,753.15. The defendant took issue were the nature and extent of the spinal injury and the resulting economic loss. Unfortunately, due to the lack of documented evidence provided by Mr Busch, his claims were ill-supported, and the judge only awarded him $5000.00
Mr Busch Personal Assessment of Damages – Not Awarded
Total Medical Expenses
Total Pharmaceutical expenses
The claim amount for past economic loss
Claim for future economic loss
Damages for personal injury and loss of the amenities of life
Interest on past economic loss
Loss of superannuation
Total claim amount
Allen v O’Donnell & Anor  QSC 63 – Awarded $2, 499, 399.69
In January 2015, 49-year-old Mr Allen from Townsville was travelling to Brisbane with his three children in their Kia Carnival. Unfortunately, as they were driving, a Nissan Patrol veered onto the wrong side of the road and caused a high-speed head-on collision with Mr. Allen’s car.
This car accident was catastrophic and life changing as Mr Allen sustained extensive injuries, including fractures, tears to both ACLS, facial injuries, injuries to the teeth and gums, sight impairment, hearing impairment, PTSD, spinal injuries, traumatic brain injury and soft tissue injuries.
Past economic loss
Interest on past economic loss
Past loss of superannuation
Future economic loss
Future loss of superannuation
Interest on alternative accommodation
Future rental expenses
Future home modifications
Future medical expenses
$2, 499, 399.69
If you have been in a car accident and you would like further information on what your rights are, our Lawyers are incredibly experienced and happy to answer any questions and provide you simple straight forward advice that is relevant to you.
No one enjoys being off work. The stress that can arise from not being able to put food on the table and pay the bills is enough to upset anyone. If you have been injured at work, or on your travels to or from work, you are most likely due for compensation to assist with medical bills and loss of income.
Steps To Lodging A Claim
In Queensland, there are steps you will need to follow to lodge your claim with WorkCover. Ensuring you follow these steps will mean you will get the financial assistance you are entitled to in a timely manner.
Notify your employer of your injury as soon as possible after it occurs. There is a six-month time limit that applies, however, this can be waived for certain situations
Prioritise your medical care, ask your doctor to complete a Work Capacity Certificate which can be found here
Provide a copy of the Work Capacity Certificate to your employer
Lodge your claim with WorkCover either online or via fax or post. If the claim is for a fatal accident or if urgent treatment is required, a claim can be lodged by phone on [1300 362 128]. Find out more by accessing the Work Safe website here
Notify WorkCover as soon as possible if your situation changes
Don’t hesitate to contact us if you have any questions along the way. You are not required to make any statements to WorkCover and such statements have been known to hinder the claims process. The sooner you engage professional legal advice, the sooner we can assist in ensuring your claim is properly lodged.
Some Simple Facts
It’s important to gain legal advice as soon as practicable after suffering a workplace injury. You may be entitled to extra compensation under WorkCover or perhaps eligible to claim loss of income or disablement benefits under your superannuation insurance scheme. Many people are concerned that lodging an injury claim may affect their reputation at work, or feel responsible for their employer’s financial situation. Rest assured, under Queensland law your employer is insured under WorkCover. This is a no-fault insurance scheme which means blame is not placed on any party for the injury. It simply states that an injury has occurred and a claim has been lodged. Similarly, an employer cannot discriminate or punish employees for making an injury claim. Your employer should understand that taking time to heal and rest will allow you to recover and return to work permanently and in optimal condition.
We Are Here For You
We will ensure your claim is handled professionally and that you get back to work when you are medically sound to do so. Contact the experts at Revolution Law on [07 3416 4999] at any stage, we are here to help with our revolutionary approach to workers compensation claims.
World Day for Safety & Health at Work: Tips for a Safer Workplace
On the 28th of April 2022, Australia will once again mark World Day for Safety and Health at Work and Workers’ Memorial Day. A day to reflect on the injuries, fatalities and harm that people are exposed to at work and to remember those who have died in the workplace. While much has been done to improve workplace safety in recent years, injuries are still common, and fatalities remain a tragic reality in our lives. By raising awareness of the importance of workplace safety, the day seeks to improve Australian work safety standards and aims to support World Day for Safety and Health by providing important safety tips for those working in risky or dangerous environments.
The Importance of Workplace Safety
Queensland’s Work Health and Safety Act 2011 charges business owners and employers with providing a safe and healthy work environment for their employees, customers and other parties on site. As far as reasonably possible, employers must provide things such as safety instruction, protective equipment and workplace training to protect employees.
The welcome news is that WHS standards have seen a steady decline in workplace fatalities over the past decade. However, there is more work to do, with 194 Australians suffering fatal incidents and 28,732 people reporting serious workplace injuries during 2020. Every injury or fatality that occurs in the workplace puts a strain on the people and families involved. Medical expenses, rehabilitation costs, lost wages and the loss of the ability to work are a significant hurdle that can often be difficult to overcome, even with workers’ compensation claims.
Tips for Staying Safe at Work
While it is nominally the employer’s responsibility to maintain a safe work environment, employees should take an active role in their health and wellbeing:
Request training. Avoid the risk of using unfamiliar or dangerous equipment without training. If none has been provided, make a point of seeking formal training for new processes.
Use machinery, equipment and tools correctly. Proper use of equipment drastically reduces your chance of being injured at work. While it may be tempting to take shortcuts, overconfidence can cause injury just as easily as a lack of training.
Wear protective equipment. Some workplaces, such as hospitals and machinery shops, are required to supply protective equipment to employees. Be sure to wearpersonal protective equipment where needed. Remember, the health effects of things like loud environments may only become apparent years later, so it is crucial to look after yourself in the short term.
Maintain your equipment. Tools and equipment should be kept in reasonablecondition to reduce the risk of accidental failures. Maintenance items as simple as frayed power cords can cause fatal injuries, so stay on top of regular equipment maintenance.
Be aware of your surroundings. A large proportion of workplace injuries are caused by simple carelessness. Always bee mindful of your surroundings and other employees to avoid injuring yourself or someone else.
Find out who is in charge of workplace safety. Most workplaces will nominate a single person or a team to oversee safety issues. Be sure you know who these people are in your business so that you can seek them out if you are experiencing an problem.
Report safety concerns. Employees deal with their tools and equipment daily. That often means they have firsthand knowledge of things like unsafe practices, failing machinery and maintenance concerns. If you notice a problem in your workplace, report it immediately and follow up to be sure it is addressed promptly.
Have You Been Injured While at Work? Contact Your Revolution Lawyer Today
Unfortunately, while visa holders are entitled to the same workplace rights as other employees in Australia, some employers may still attempt to take advantage of foreign workers. In addition to
Each day, people all over Brisbane clock in at work to perform potentially dangerous tasks that keep our city running smoothly. While many workplaces are aware of the risk to their employees and take measures to ensure their safety, workplace injuries and workplace accidents are still common.In Queensland, Worker’s Compensation protects employees should they become injured while at work. If you suffer an injury, you may be entitled to seek compensation to cover medical expenses, lost wages and undue suffering. When dealing with a workplace injury, it is essential to seek professional legal and medical advice as soon as possible. Your local Revolution Law team can assess your situation, assist you with making a claim and ensure you have access to the experts you need. Our process focuses on being supportive and resolving your claim as quickly as possible, getting you back to work sooner. Have a claim? Speak to your local Revolution Lawyer for a free consultation regarding your Worker’s Compensation claims.
Your employers WorkCover insurance covers medical expenses incurred because of the injury, such as visits to the doctor, surgeries, hospital stays, and prescription medications. The goal of WorkCover is to help you get recover in a timely manner and this made possible as WorkCover will fund a range of rehabilitation therapy such as physiotherapy and occupational therapy. WorkCover may also cover the cost of mental health care if your injury has caused you psychological distress.
WorkCover also provides financial assistance for lost wages. The first week of your compensation will come directly from your employer as this is their insurance excess for your WorkCover claim. WorkCover will calculate what they will compensate you and this will be paid weekly. Typically, you will be paid 85% of your wage for up to 26 weeks of your claim, then from 26 to 103 weeks you will typically be paid 75% of your wage. If you are still unfit for work from 104 weeks onwards, compensation will depend on other factors.
In addition, the insurance may cover the cost of any necessary retraining that you need to return to work. WorkCover also can arrange for a return-to-work services provider to assist you with preparing a resume or finding suitable jobs to apply for. WorkCover may also pay for any necessary medical equipment or modifications to your home or workplace that are required to help you perform your job duties.
Overall, WorkCover insurance provides financial support to help you manage the costs associated with an injury sustained while working. It also provides ongoing financial assistance if you are unable to return to work.
We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.
Car Accident Claims when At Fault Vehicle isn’t Registered in Queensland
Across Australia, wither it be the local story-bridge, or driving up the coast, every registered vehicle has Compulsory Third Party (‘CTP’) insurance. This protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.
Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.
If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.
Accident Location Within Queensland.
The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.
The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.
Accident Location Outside of Queensland.
The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.
The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a comprehensive understanding of the relevant CTP legislation.
Queensland Compulsory Third Party ( CTP) Scheme Overview
When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.
If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights.
John was an office worker who had been typing at his computer for hours. He developed a repetitive strain injury in his wrist and was unable to continue working. His friend Greg recommended he speak to a Revolution Lawyer to discuss…. He was able to claim WorkCover Insurance, which enables him to receive medical care and financial support while he recovered.
Sally was a factory worker who was injured in an industrial accident due to unsafe practices. She was burned on her arm by a hot machine and had to be hospitalised for treatment. Her WorkCover Insurance enables her to get the medical care she needed and to receive financial support while she was unable to work. Sally also received a lump sum compensation payout at the finalisation of her common law WorkCover compensation claim.
Mark was a construction worker who fell from a broken ladder while working on a building. He broke his leg and was unable to continue working. He was able to claim WorkCover Insurance, which enables him to get medical care and financial support while he recovered. Mark also received a lump sum compensation payout for his common law WorkCover compensation claim.
*These stories have been created as an example.
WorkCover Claims a Two-Stage Approach.
Stage One: Statutory Claim
A worker can claim WorkCover benefits if injured at work. This stage of the claim is part of a no-fault scheme which means it does not matter if the worker caused their own injury. WorkCover benefits include lost wages, medical and rehabilitation costs and travel costs that are treatment and claim related. WorkCover may arrange for the worker to have a permanent impairment assessment by an independent medical provider to determine what’s referred to as a ‘Total Percentage of Impairment.’ Once the worker has been assessed, they will receive a Notice of Assessment and potentially a lump sum offer payout.
The maximum statutory compensation payout possible is $361,273.00. The lump sum offer is calculated using the worker’s ‘Total Percentage of Impairment.’ If the worker obtained a 1% impairment, they would receive 1 % of $361,273.00 which would be a total lump sum offer of $3612.00.
A worker with a 5% injury would receive a lump sum compensation offer of $18 063.00, and a 15% injury would see a lump sum offer of $ 54,190.00.
If a worker accepts the lump sum offer, they cannot pursue a common law claim for compensation unless their assessed degree of impairment is 20% or more. Obtaining an impairment assessment of 20% or more is a significant injury and not typical for most claims.
It is imperative to seek legal advice before accepting the lump sum offer. At Revolution Law our Lawyers provide a free legal consultation to help you determine whether the WorkCover initial offer should be accepted or rejected.
Stage Two: Common Law Claim
Workers can pursue a common law claim with WorkCover if they are not at fault for their accident. In Sally’s case, there were no safety procedures that she had been advised to follow, making the employer responsible for her injury. Likewise, with James, the broken ladder provided by his employer was not suitable equipment and as such his employer was responsible for the injury that James suffered.
While a statutory claim has a maximum payout of $387,240, a common law claim has no limit for payout. The common law claim works by assessing evidence of each of the heads of damages, including pain and suffering, loss of earnings both past and future, medical expenses, care and assistance, and aids and equipment.
Common law claims are specific to the individual circumstances and injuries of the worker and the supporting evidence. If successful, it is typical for the payout of a common law claim to exceed the statutory claim offer.
Our Lawyers are experienced across an array of WorkCover claims. Take advantage of a free consultation with an experienced WorkCover claim lawyer to determine if a common law claim is right for you. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.
WorkCover Insurance in Australia is an important form of insurance for businesses and individuals alike. In Australia, WorkCover Insurance provides employers with coverage for any workplace injuries or illnesses that their employees may suffer from. It also includes protection against third-party claims arising from work-related activities and any legal costs associated with defending such claims. But Is It essential?
Yes! This type of insurance is essential because it helps to protect employers from large financial losses in the event of an employee being injured or becoming ill while on the job. From desk jobs to Construction work jobs, Revolution Lawyers have seen a variety of different claims, one thing is certain, it’s life-changing to be prepared.
In Australia, employers must comply with the relevant safety laws and regulations, and insurance helps to provide a financial cushion should an accident or illness occur. This type of insurance also helps to protect employers from potential liability in the event of an employee filing a lawsuit against them.
Another important benefit of WorkCover Insurance in Australia is that it helps to ensure that injured employees receive the necessary medical treatment and financial assistance. In Australia, WorkCover Insurance pays for medical expenses, lost wages, and other benefits. It also helps to cover the costs of rehabilitation and disability, should an employee’s injury or illness prevent them from returning to work. As such, WorkCover Insurance in Australia provides important financial security for injured employees. If you want to know more of the details of what else is covered, speak to your local Revolution Lawyer. We’re happy to sit down with you and explain any of the highly detailed contracts involved.
Finally, WorkCover Insurance in Australia encourages employers to provide a safe working environment to prevent workplace injuries and illnesses. In Australia, employers must take all reasonable steps to ensure the safety of their employees. This includes providing adequate training and protective equipment, as well as conducting regular risk assessments. If you’re unsure if your employer is providing you with the correct insurance or if you’re unsure if there are other benefits you should be receiving, reach out to Revolution Law.
No matter which of our three offices you choose, our team of lawyers are all dedicated to winning our client’s WorkCover insurance claims. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on trac
Car accidents are not only terrifying and expensive but can cost you a lot of pain or even result in death. In Australia, the leading causes of fatal car accidents are drink driving, speeding, fatigue, and driver distractions. It is quite easy to avoid these factors by taking simple precautions like the ones below.
Slow down on the roads
Speed is currently the biggest killer on Australian roads. When you speed it makes it much harder to maintain control of your vehicle, and this is when accidents occur. Every kilometre over the speed limit puts not only you, but others at risk. Ignoring these limits is not only dangerous, but illegal. If you manage to avoid crashing your car you are still at a risk of receiving a hefty fine and losing demerit points. It is not worth risking your life or those of your passengers and other drivers. The easiest way to avoid an accident due to speeding is to not speed in the first place.
Don’t drink and drive
This seems like an obvious one, but unfortunately it does not stop people jumping behind the wheel when intoxicated. Despite strong public health campaigns, drink driving still causes a high number of car accidents and deaths. The easiest way to avoid an accident when drunk is to not get behind the wheel. It is as simple as organising a lift through a sober friend, family member, ride share app, or taxi driver. This also applies if you are the passenger in a car with an intoxicated driver. If you are already in the vehicle then request the driver pulls over and call any of the options mentioned.
Looking away from the road, even for two seconds, is extremely dangerous. Getting distracted by your mobile phone is a major contributing factor to a lot of car accidents. If you need to answer your phone or eat or drink then pull across to the side of the road. If accessing your phone is important for your job then consider installing a mobile phone holder on your dashboard. Other distraction factors include passengers inside the vehicle and distractions outside the vehicle. These distractions slow your reaction time, which can lead to riskier driving.
Driving when fatigued dramatically reduces your reaction time on the road and your judgement. The likelihood of falling asleep at the wheel also significantly increases. If you are feeling tired and it is safe to do so then pull over to the side of the road. There are also designated rest stop areas on major motorways that you can use. The only remedy for fatigue is to simply take a break.
Other risky driving behaviour
The big four are not the only contributing factors to car accidents. Other risk factors that contribute to accidents include:
Not wearing your seat belt – not only is it illegal to not wear one, using your seatbelt can be the choice between life and death in an accident.
Not ensuring your vehicle is roadworthy – you should make sure that your tyres and lights are in working condition.
Forgetting to use your indicator – failing to indicate can confuse other drivers on the road.
Tailgating – not only is it rude, but if the car in front suddenly brakes it leaves no time for you to stop.
Staying safe on the roads is not rocket science. Following these tips can help you avoid hurting not only yourself but loved ones and other drivers on the road. If you have unfortunately found yourself in a car accident then contact Revolution Law for a free case review today.
So, you have been unlucky enough to end up in a motor vehicle accident at the fault of the other driver. It is understandable to feel overwhelmed and stressed, but there are some steps that need to be taken to ensure you can seamlessly make a claim, especially if you are uninsured.
To make things easier we have put together a list of our top 10 tips about motor vehicle property damage and who to call when you need help.
Stay at the scene & call an ambulance is necessary
Once an accident occurs you need to stop and stay at the scene of the accident. If you or the other driver/s are injured, then call 000 and request an ambulance to the scene of the accident.
Call the police
Even if you do not think the accident is that serious, it is important to call the Police if any involved parties are injured, if vehicles need to be towed, or if you estimate the damages are in excess of $3000. If they do not attend then you should still report the accident.
Obtain as many details as possible
While you wait for emergency services to show up try to gather as many contact details as possible. Important information includes full names and addresses, registration details, phone numbers, and insurer details. If there are any witnesses also try to obtain a witness statement and contact details from them. Taking photos of the accident from a variety of angles is also important for insurance purposes.
Contact the at fault driver
If the at fault driver is insured and puts in a claim then you can expect to hear from their provider. It is common for providers to request quotes for the damage incurred to your vehicle or other information to help with the claims process. If the at fault driver does not make a claim then you can take steps yourself. Even if you are uninsured you are still able to make a claim for compensation. The first step is to send the driver a Letter of Demand. This letter requests that the individual responds by a specific date and includes quotes that you have obtained from licensed motor vehicle repairers.
Driver refusing to respond?
If the at fault driver refuses to respond to your letter of demand then you can contact their insurance provider. They will assess the police accident report, witness statements, and any photo or video evidence from the scene. You also have the option to take legal action. The experienced team at Revolution Law can help you with your car accident or property damage claims.
It is better to be prepared for the worst. By following these steps, you should hopefully be less stressed if you unfortunately end up in an accident. If you have any other questions simply get in touch with our friendly team today for an obligation free quote or for a chat.
Lawyer, Solicitor, Barrister, Attorney – What’s the Difference and Which Do I Need?
What is the difference between a lawyer, a solicitor, a barrister and an attorney? Which one of these should you call when you need legal help? We understand these terms may seem confusing to the average person, but fear not! In this article, we’ll go over what the difference is and which one you need depending on your situation. We’ll also go over what these titles entail in Australia’s common law system and what duties fall underneath each member of the legal profession.
These terms are often used interchangeably, and their meaning varies from one legal to system to the next. However, they all have distinct meanings in the Australian legal system.
What is a lawyer and when do you need one?
‘Lawyer’ is a broader umbrella term, which can be used to refer to anyone who has been admitted to the legal profession. The term covers solicitors, barristers and legal executives. To be called a lawyer, one needs a bachelor or post-graduate degree in law, as well as a Graduate Diploma in Legal Practice (GDLP), be admitted to the Legal Profession and hold a Practicing Certificate in order to practice as a Lawyer. Lawyers tend to specialise in a specific area of law, such as contract law or property law, although there are some generalist lawyers as well.
What is a solicitor and when do you need one?
A solicitor is someone who has completed a law degree, obtained a practising certificate and been admitted to legal practice. That being the case, most solicitors simply refer to themselves as lawyers.
Solicitors manage day-to-day legal affairs for clients. They are usually the first point of contact when an individual or business needs legal services. For example, they may help with contracts, disputes, business sales or intellectual property issues.
In a criminal case, a solicitor will offer advice and help define the best course of action. They may also draft letters, take care of your initial appointment and gather any court documents or evidence you may need. Solicitors are trained in representing their clients in court and may do so unless a barrister is required. If you wish to have a barrister on your case, you will first need to get a solicitor.
What is a barrister and when do you need one?
A barrister is a type of a lawyer, but not all lawyers are barristers!
Barristers are lawyers whose expertise is advocacy, and they typically only become involved in a legal case when it goes to court. Advocacy stands for representing a client and advocating for their interests in court. Therefore, many advocates you see representing their clients at trial are barristers. To represent a client’s case effectively, a barrister needs to have a strong understanding of court procedures and etiquette.
Generally, barristers are retained with the help of a solicitor. They may meet with you before your court appearance, but will usually not communicate with you directly.
What is an attorney and when do you need one?
The title ‘attorney’ doesn’t have the same meaning in the Australian legal system as it does in the US. In the US, an attorney is a lawyer who has passed a bar examination and can practice law in a specific jurisdiction. In Australia, the term ‘attorney’ or ‘attorney-at-law’ is not commonly used, apart from the case of trademark attorneys. Here, an attorney is a lawyer with further qualifications to deal with intellectual property and patentable technology.
Not sure if a solicitor, barrister or attorney is the best to help you?
If all this seems somewhat confusing, and you’re not sure which of these legal professionals is the best to help you, it may be a good idea to get some advice from a legal expert. At Revolution Law, we offer free over-the-phone advice to get you started on the right path. Call us today for a no-obligation, free legal consultation.