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You are here » Home » News » How to Win a Personal Injury Claim: Set Up Your Claim Properly

Everybody wants the best personal injury lawyers when it comes to their accident. But how does somebody choose from dozens of the ‘best personal injury lawyers’ in Brisbane, Robina, Varsity Lakes, Gold Coast, Queensland, etc.? It definitely can be a daunting task, especially with the prevalence of the internet.

A victim of an accident must be aware that how they set up their case can make a massive difference to their outcome and how much compensation they receive.

An accredited specialist in personal injury would be your best bet in making sure you are properly represented. When it comes to your claim, knowing the fundamentals of a negligence claim may be a good guideline in finding the right personal injury lawyer for you or your family. As such, here are 6 factors that a client should take into consideration to ensure their claim is being set up effectively:

1)      Investigate – Get evidence of your claim!

Unfortunately, this step may often be undervalued. It can be a tedious process that can take a large amount of time. The costs for medical evaluations by experts are significant and there is no guarantee that any report may prove to be positive. However, this is an integral step in properly setting up your claim because without sufficient evidence of your injuries or losses, an insurer cannot get the necessary authority to compensate you for your losses. That being said, it is important to seek guidance from an accredited specialist who can compile all of your supporting evidence and properly advise you on any issues that can affect your claim.

2)      Untangling Evidence – You have a right to know!

To elaborate from above, evidence must also be properly assessed and analysed. Failing to do so may devastate the chances of success in your claim. An example may occur such as reviewing the medical reports from an insurer’s specialist. Simply accepting those opinions without taking into consideration any potential incorrect facts or assumptions is a mistake that can cost a client dearly. It is important that all evidence, both good and bad, is reviewed by a lawyer and dealt with as early as possible.

3)      Getting Better – Focus on your recovery!

Being a victim of an accident is a disconcerting event. It can also become more complicated when you are left to seek out your medical treatment alone or through an insurance company. These present problems such as:

–          A client not understanding that all injuries and symptoms related to the accident need to be noted and treated.

–          Disputes with insurers may arise concerning the costs, necessity of treatments, etc.

–          In a busy clinic, a doctor or medical professional may not be able to provide the attention needed to directly address all of your injuries and concerns.

Being represented by an accredited specialist alleviates this problem by giving you an advocate focused solely on your needs to liaise with all the parties including insurers and treatment providers. This may provide the necessary peace of mind so that you can focus on your recovery.

4)      Credibility – Consistency is key!

Whether believable or not, all injury claims rely heavily on credibility. Your rights may be adversely affected if you are not properly made aware of this crucial aspect of the claims process. Some ways that a client’s credibility may be called into question include conflicting stories about how the accident happened or reporting different injuries and symptoms at various times. In this aspect, legal representation becomes more important than ever because your right to be represented allows for a legal professional to adequately prepare you for your claim. In a dispute with an insurer, they will be seeking professional legal counsel to represent them. It is not wise to underestimate the training and experience of a lawyer, especially if they are going against you.

5)      Reveal – Show your case to the insurer’s early!

A key mistake in a lot of personal injury negotiations is lack of preparation. Settlement becomes difficult if there are no objective calculations to substantiate a claim. What may usually happen is that initial offers become overinflated and result in the insurers making their assessments with limited information. This often will not result in the claim being successfully settled and at worse it may even give the insurer the impression that your claim is not legitimate.

A good lawyer will overcome this problem by sending written submissions with any relevant information to the insurer earlier prior to any settlement conference. This allows an insurer to obtain the necessary authority that may make settlement negotiations more successful.

6)      Foresight – Know the right time to settle!

It may be impossible to know how much you should be awarded in compensation early on in a claim. Relying on a lawyer’s advice can make a client apprehensive when there is no guarantee of the future. That is why a credible personal injury specialist will also utilize a barrister to represent you at settlement conferences so you can draw 2 independent professional opinions. It is important for a client to realize the necessity of having an advocate represent their best interests. This allows them the peace of mind in knowing that their given options, including the possibility of trial, are the best options for them and their family.


With the number of legal professionals in the market, it is always a challenge to find the best legal representative for you. That being said, every successful lawyer-client relationship is built on trust. There are many talented and experienced professionals but the ‘best’ lawyer for you will be the one who gives you peace of mind and stays on top of everything that is necessary to make your claim succeed.

If you have been in an accident and have any other questions about your claim, please do not hesitate to contact us for more information by filling our contact form or calling us at 1300 720 544. If you prefer, you can also email us at info@eastcoastinjurylawyers.com.au .