Our firm is led by 'No Win No Fee' Queensland Law Society Accredited Specialists in Personal Injury Law*

   

FAQs on Common Personal Injury Compensation Claims

• Can a personal injury lawyer attend at my home address for an initial consultation about the claim?

  We are happy to attend at the home address of clients for an initial, no obligation consultation in relation to their claim.

• Is the first attendance in relation to my personal injury claim no obligation and free?

  Yes the first attendance is a free no-obligation consultation.

• What are Queensland Law Society Accredited Specialists in Personal Injury Law?

  A Queensland Law Society Accredited Specialist in personal injury law means that a solicitor has undertaken an extensive period of study and examination in the area of personal injury law and has passed this course and examination. Given the difficulty in passing the accreditation course, there are only a limited number of Accredited Specialists in Personal Injury Law in Queensland.

• What Brisbane suburbs do we provide personal injury services to?

  Inner suburbs

  Bowen Hills – Brisbane – East Brisbane – Fortitude Valley – Herston – Highgate Hill – Kangaroo Point – Kelvin Grove – New Farm – Newstead – Paddington – Petrie Terrace – Red Hill – South Brisbane – Spring Hill – Teneriffe – West End – Woolloongabba

   

  Northern suburbs

  Albion – Alderley – Ascot – Aspley – Bald Hills – Banyo – Boondall – Bracken Ridge – Bridgeman Downs – Brighton – Brisbane Airport – Carseldine – Chermside – Chermside West – Clayfield – Deagon – Eagle Farm – Everton Park – Fitzgibbon – Gaythorne – Geebung– Gordon Park – Grange – Hamilton – Hendra – Kalinga– Kedron – Keperra – Lutwyche – McDowall – Mitchelton – Myrtletown – Newmarket – Northgate – Nudgee – Nudgee Beach – Nundah – Pinkenba – Sandgate – Shorncliffe – Stafford – Stafford Heights – Taigum – Virginia – Wavell Heights – Wilston – Windsor – Wooloowin – Zillmere

   

  Southern suburbs

  Acacia Ridge – Algester – Annerley – Archerfield – Burbank – Calamvale – Coopers Plains – Darra – Doolandella – Drewvale – Durack – Dutton Park – Eight Mile Plains – Ellen Grove – Fairfield – Forest Lake – Greenslopes – Heathwood – Holland Park – Holland Park West – Inala – Karawatha – Kuraby – Larapinta – Macgregor – Mackenzie – Mansfield – Moorooka – Mount Gravatt – Mount Gravatt East – Nathan – Pallara – Parkinson – Richlands – Robertson – Rochedale – Rocklea – Runcorn – Salisbury – Seventeen Mile Rocks – Sinnamon Park – Stretton – Sumner – Sunnybank – Sunnybank Hills – Tarragindi – Tennyson – Upper Mount Gravatt – Wacol – Willawong – Wishart – Yeerongpilly – Yeronga

   

  Eastern suburbs

  Balmoral – Belmont – Bulimba – Camp Hill – Cannon Hill – Carina – Carindale – Chandler – Coorparoo – Gumdale – Hawthorne – Hemmant – Lota – Lytton – Manly – Manly West – Moreton Island – Morningside – Murarrie – Norman Park – Port of Brisbane – Ransome – Seven Hills – Tingalpa – Wakerley – Wynnum – Wynnum West

   

  Western suburbs

  Anstead – Ashgrove – Auchenflower – Bardon – Bellbowrie – Brookfield – Chapel Hill – Chelmer – Chuwar – Corinda – Enoggera – Enoggera Reservoir – Ferny Grove – Fig Tree Pocket – Graceville – Indooroopilly – Jamboree Heights – Jindalee – Karana Downs – Kenmore – Kenmore Hills – Kholo – Lake Manchester – Middle Park – Milton – Moggill – Mount Coot-tha – Mount Crosby – Mount Ommaney – Oxley – Pinjarra Hills – Pullenvale – Riverhills – Sherwood – Sinnamon Park – St Lucia – Taringa – The Gap – Toowong – Upper Brookfield – Upper Kedron – Westlake

   

  We are more than happy to attend at your home address for our free, no obligation consultation.

• What Gold Coast suburbs do we provide legal services to?

  Advancetown, Alberton, Andrews, Ashmore, Austinville, Benowa, Biggera Waters, Bilinga, Bonogin Valley, Broadbeach, Broadbeach Waters, Bundall, Burleigh, Cabbage Tree Point, Cedar Creek, Carrara, Clagiraba, Coolangatta, Coombabah, Coomera, Currumbin, Elanora, Gaven, Guanaba, Gilston, Helensvale, Hollywell, Hope Island, Jacobs Well, Kingsholme, Labrador, Lower Beechmont, Luscombe, Main Beach, Mermaid Beach, Merrimac, Miami, Molendinar, Mudgeeraba, Nerang, Nobby Beach, Norwell, Numinbah, Ormeau, Oxenford, Pacific Pines, Palm Beach, Pimpama, Robina, Runaway Bay, Southport, Springbrook, Stayplyton, Stephens, Surfers Paradise, Tallebudgera, Tugun, Wongawallan, Woongoolba, Worongary, Yatla. We are more than happy to attend at your home residence for an initial, no obligation consultation on you.

• What is a no win, no fee personal injury lawyer?

  A no win, no fee lawyer allows injured people to access compensation for the injuries they have sustained without having to pay legal fees or outlays until their claims have successfully resolved and they have received a damages pay out. This means we can run your claim with no upfront costs paid by you. We will only charge you on successful conclusion of your claim. If you do not receive a settlement award, we will not charge a fee or recoup our outlays.

• What types of injuries does East Coast Injury Lawyers deal with?

  We take on injured claimants who have sustained all types of injuries including neck, back, head, fractured arms, wrists, ankles, hands, whiplash injuries, carpal tunnel, psychological injuries, adjustment disorder, posttraumatic stress disorder, depression and many more injuries.

• What types of personal injury claims does the firm take on?

  A.East Coast Injury Lawyers takes on claims where individuals have been injured in or as a result of a Motor Vehicle Accidents,  Car accidents, workplace injuries / Workcover claims and also public liability accident claims i.e. slip and fall accidents.

   

5 Ways to Lose Your Injury Compensation Claims

We have outlined a simplified account as to some of the reasons you may either lose your injury compensation claim entirely or why your compensation claim amount may be significantly reduced

We strongly suggest discussing the circumstances of your injury with an accredited personal injury lawyer. Please contact one our accredited personal injury specialists for a free, initial consultation regarding the circumstances of your injury.

Please see below five categories outlining why you may lose your claim or have your compensation amount reduced.

• 1. You didn’t seek advice or access to a good lawyer

  Because you did not seek advice or access a good lawyer:

  • Your claim form was not submitted to the correct entity or person before the statutory limitation date expired (with no justifiable reason).
  • The entity or person you made a claim against, did not have a duty of care.
  • Particular processes, procedures, timelines were not adhered to. For example, a Statement of Claim was not submitted according to specific timelines and thus your right to make a claim was lost.
  • You settled your claim for a nominal sum, without first seeking adequate legal advices with respect to your rights and if you can claim for different heads of damages. Once a claim has been settled the Claimant cannot go back afterwards and ask for compensation for something that had not been taken into account.
  • There was a failure with respect to exhausting all enquiries with respect to liability, causation, and quantum.
  • There was a failure to enquire and obtain supporting evidence before legal negotiations commenced.

• 2. Evidence

  Sufficient medical evidence was not obtained within the statutory expiration period. For example, a Claimant complained to their doctor of a sore back, neck and anxiety. Their doctor referred the Claimant to an orthopaedic surgeon for assessment of the Claimant's back and neck however, the doctor failed to refer the Claimant to a psychologist or psychiatrist for assessment of their anxiety. If the Claimant had a good lawyer, the lawyer would ensure that the Claimant is reviewed by all appropriate medical experts in order to obtain admissible evidence of all injuries sustained as a result of the accident.

  There is no evidence that you injured yourself in the manner alleged nor is there evidence to support that you injured yourself on the date that you allege. For example, you failed to report your accident and/or all injuries to your employer or your doctor as soon as the accident happened or as soon as possible afterwards or not at all.

• 3. Time

  You failed to seek legal advice or make a claim within the period of time that is specified in legislation applicable to the circumstances of your injury.

• 4. Fraudulent / conflicting information

  Failing to provide to your lawyer full disclosure of information (including all skeletons in the closet, such as performing cash in hand work, previous injuries etc.) in a frank and timely manner could have a serious impact on your claim.

  Making a fraudulent claim or providing conflicting information is never a good idea.

  If you are found guilty of making a fraudulent claim, there are serious consequences such as possibly being charged up to $44,000.00 in fines or being imprisoned for up to 18 months.

  If it can be established that you provided conflicting information (innocently or not) this will bring into disrepute your character. Thus, when you make the claim that you feel pain and that you are suffering as a result, you will most likely be perceived as a liar and your claim for pain and suffering will be less than what it would have been if you had not provided conflicting information.

  Examples of making a fraudulent claim or providing conflicting information:

  Fraudulent claim number 1: You said that you hurt your back at work however; you injured your back playing football the day before. The insurers obtain evidence from either your doctor or from another football player that you had in fact hurt your back playing football.

  Fraudulent claim number 2: You were the driver of a vehicle involved in a motor vehicle accident. You were not wearing a seatbelt at the time of the accident.

  As a result of not wearing the seatbelt you were projected through the vehicle's windscreen and landed on the bitumen. You sustained multiple injuries.

  You said to your lawyer and thus, to the CTP insurer, that you had your seatbelt on at the time of the accident. However, forensic evidence proves that you weren't wearing your seatbelt.

  Fraudulent information / conflicting information " You made a statement that you can’t lift more than 10 kg of weight because it hurts your back. You are then filmed participating in a cross-fit class, performing "Russian twists" with a 15 kg weight. Although this form of exercise has in fact improved the strength of your back (although it does, still hurt after the exercise) because you did not report this activity to your lawyer and thus, they did not disclose this fact to the insurer, and thus, your credibility is negatively impacted.

  Conflicting information: You reported to your doctor that you hurt your ankle at work by rolling it while walking across a plank. However when you later on describe how you injured your ankle to your physiotherapist, you state that you hurt your ankle at work by stepping into a pot hole. With regards to descriptions as to how the accident occurred, consistency is very important. If you are inconsistent in your account, doubt is created as to whether you did in fact injure yourself at all or in the way you described i.e. at work as opposed to at home.

• 5. Volenti non fit injuria

  Volenti non fit injuria essentially means that the injured person was aware of the risk of injury and still, voluntarily, put themselves in the position of being injured. In other words, you were to blame for your injury.

  For example, just before you sustained your injury, your supervisor reminded you that as per company policy you should wear your safety glasses before grinding the piece of metal. You were aware of the risks of what may happen if you did not wear your safety glasses and voluntarily choose to disregard the company's policy of wearing safety glasses when grinding metal.

  You waited for the Supervisor to leave the room, so that he could not see you not using safety glasses when using the metal grinder. You commence using the metal grinder. A metal shaving is then lodged in your eye and thus, you sustained an injury to your eye.

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