- You must go to court to settle a claim.
It’s true that some claims are settled through the court litigation process, usually at a Pre-Trial Conference, however, claims can also be settled informally (via phone or email correspondence) or at an Informal Conference, prior to the issue of legal proceedings. If your claim is a litigated claim, the majority of those claims settle at a Pre-Trial Conference. Very few matters proceed to trial, in fact, 98-99% will settle prior to trial.
- All lawyers charge legal fees up-front.
There are many ways law firms charge their clients, and not all of them require payment upfront. Many Personal Injury law firms work on a ‘no win, no fee’ basis. This means that legal fees are charged upon a successful resolution of the claim when a lump sum settlement is achieved.
At PPIL, we work on a ‘no win, no fee’ basis and you do not pay legal fees until settlement of your claim.
- I will lose most of my settlement in legal fees.
There is a stigma surrounding lawyers which leads to the misconception that most of your settlement will be lost to cover the legal fees. Rest assured that there are lawyers out there who do cap the Solicitor/Client portion of the legal fees at a percentage of your settlement, however the percentage can vary depending on the law firm. It is always recommended that you enquire about the Solicitor/Client contribution towards legal fees before retaining a law firm.
At PPIL, we cap our Solicitor Client Costs at 10%.
- Your claim can be settled without a lawyer.
It’s true that you do not require legal representation to settle a personal injury claim, however, an experienced personal injury lawyer’s job is to maximise your compensation entitlement and ensure that all of your rights and entitlements are protected. It is recommended that you do appoint a lawyer to represent you as he or she will be well versed in the relevant legislation that applies to your claim and will understand how to achieve the best result for you. You have to understand that an insurance company has no duty to act in your best interest and any lawyer appointed by you, must do so.
At PPIL, we are always in your corner and act in your best interest to maximise your financial entitlement.
- If you make a Workers’ Compensation claim, it means you’re suing your employer.
Not always. The Statutory Workers’ Compensation system in Western Australia is a ‘no fault’ system. To be eligible to make a Workers’ Compensation claim you have to prove that you have suffered an injury during the course of your employment. You then have a right to receive income compensation payments for the periods that you are unfit to perform your full pre-injury duties at full pre-injury hours. You also are entitled to have your medical expenses, travel expenses and vocational rehabilitation expenses paid. Some Statutory Claims become Common Law claims which are fault-based claims, which require a Common Law Election and commencement of legal proceedings against the employer, which is essentially suing your employer for failing to provide a safe system of work. There are criteria that need to be met to pursue a Common Law Claim.
To read more about Common Law Claims, click here.
- You cannot make a Workers’ Compensation claim if the injury was your own fault.
This is incorrect. Statutory Workers’ Compensation claims are based on a ‘no fault’ system, which means it does not matter who is responsible for the injury. You are entitled to make a Workers’ Compensation claim, so long as the injury occurred during the course of your employment. To read more about Workers’ Compensation claims in Western Australia, click here.
- You cannot pursue a claim if it has been declined by the insurer.
This is incorrect. Just because an insurer makes a decision to decline liability for your claim, this doesn’t mean that it is the right decision. You can, and should challenge this decision, and an experienced Personal Injury lawyer will obtain further evidence on your behalf to do so.
At PPIL, we are very experienced in challenging the decisions of insurance companies.
- You can only make a personal injury claim if your injuries are severe.
No, your injuries do not have to be severe to make a claim. Most injuries are not severe but usually require medical treatment and management. Some injuries require time off work, some don’t. There are a myriad of scenarios and circumstances where injuries are suffered, and each claim is looked at on its own merits. An experienced Personal Injury Lawyer will be able to give you advice about what your options are.
At PPIL, we understand that your situation is unique and will provide you with advice and representation according to your individual set of circumstances.
