If you have been injured along the Toowoomba ranges or the local roads in and around Toowoomba, injured at your workplace or had a slip and fall in a public place, our personal injury lawyers are available to speak with you about your legal options and entitlements.
When you've been injured, due to no fault of your own, your earning capacity can be greatly affected, and you may encounter unexpected mounting medical costs.
Recovering from your injuries takes time, having clarity of your legal rights and entitlements can give peace of mind to injured people. Entering into a claim for compensation under a no win no fee agreement allows you to access legal services without needing to pay upfront for our team of experienced legal professionals – you will pay some form of fees once your case is settled, but these will be deducted from your settlement money and we will always completely and fully explain to you all possible outcomes before you sign any sort of agreement with us.
Most no win, no fee promises come with a catch. Ours doesn't. We were the first law firm in Queensland to offer a 100% risk-free promise, and in 25 years, we've never had a client out of pocket.
Fill in the form below to find out if you have a claim.
Which legal services do we offer no win no fee claims for?
If you’re injured in a car accident in and around the Toowoomba region, and you were deemed not at fault, you may be eligible to make a car accident compensation claim through compulsory third party (CTP) insurance. Learn more: https://www.smithslawyers.com.au/compensation-law/motor-vehicle-injuries
Workers compensation insurance can cover injured people for damages such as pain and suffering, immediate and future medical expenses and past and future loss of income. Learn more https://www.smithslawyers.com.au/compensation-law/workplace-injuries
Many superannuation funds have insurance policies included to cover policyholders in the event the policy holder no longer has the ability to work in the same capacity they have in the past. Different entitlements and criteria can apply based each individual policy. You should reach out to your superannuation fund for further information, and can speak to a solicitor in relation to your entitlements under the law and your TPD policy.
Learn more: https://www.smithslawyers.com.au/superannuation-tpd-claims
What does no win no fee mean under compensation law?
'No win no fee' in relation to personal injury law generally means that a law firm agrees to take on a claim and not charge any fees for the services rendered until and unless an amount of compensation is awarded to the client, either inside or outside a court of law. This allows more injured people, who would otherwise be restricted from making claims due to financial restrictions.
So what is the Catch?
Smith's Lawyers offers a 'No Win. No Fee. No Catch.' promise. What is this catch with 'No Win. No Fee.' promises? In situations where a claim progresses to court, and the claimant has the decision go against them (they lose), their firm will not charge them any fees, however, the judge may set a cost order (an order to pay) against the claimant, for the legal fees of the insurer (the other side), which can be considerable, and the claimant would be personally liable for these. That is the catch.
Smith's Lawyers, in the same situation would not charge their client any fees for for any disbursements, and would pay the cost order against the client, meaning that Smith's claims are 100% risk free.
How do no win no fee claims work with Toowoomba compensation lawyers?
If you sustain an injury, the most important thing to do is to seek medical treatment, before taking any other action. Secondly, reaching out to lawyer to better understand your rights and entitlements under the law, will help you know the next steps you want to take.
If you decide to pursue a claim for compensation, your solicitor will collect information from you in order that they can start working on your claim, and will seek funding for treatment of your injuries. The purpose of this part of your claim is to focus on recovery.
After a period, your solicitor will generally send you to see a doctor, to asses you and see if you are 'stable and stationary,' which means that further treatment would not have a significant effect on your recovery, it can also be referred to as MMI (maximum medical improvement). The insurer (the other side), may also send you for a medical assessment.
After the results are available for the medical assessment, your solicitor will then be able to determine more specifically the worth of your claim. Then a 'compulsory conference' will be held with the view to negotiate a settlement for your claim with the other party. Most claims settle at this point.
Should your claim not settle (an agreement cannot be reached in terms of compensation) at conference, then it would normally proceed to mediation, where a negotiation is arranged, with a professional mediator to assist in the resolution of the claim.
In the rare occasion that the claim does not settle at mediation, it would then be taken to court. This can be a very involved process is generally a last resort for either party.
For further clarification or for more specific information in relation to your situation, speak to a personal injury lawyer.
How long do no win no fee personal injury claims take?
Almost all no win no fee claims have a limitation period of three years to be started, as governed by Queensland legislation. If you have an injury that falls outside that time frame, it is suggested that you do speak to a solicitor, as there are some exceptions that your situation may fall into. When pursuing a claim, it is generally advantageous to seek advice as soon as possible.
As a rough guide, the majority of personal injury compensation claims are completed within 12-18 months. The reason it appears to take so long to settle personal injury claims is simply because it can take some time for your injuries to become 'stable and stationary,' where your injuries stabilise to ensure medical experts can determine their likely long-term impacts. Very complicated matters can take longer than these estimated timeframes.
Frequently Asked Questions
Once your claim for compensation has been deemed viable you will be issued a 'Legal Cost Agreement,' which sets out the work that we propose to do for you on your case and the fees associated with the work. The document sets out exactly how fees are calculated. As each claim can vary in complexity and circumstance, fees differ depending on the requirements.
While all no win, no fee lawyers operate differently, we do not charge a fixed percentage of our work. We only charge for work completed and do not charge at all unless you successfully secure a settlement.
Legally in Queensland, legal fees can never exceed 50% of the compensation amount payable to you after statutory refunds and outlays.
If you, or someone you know has suffered injuries whilst at work, on the roads or in a public place, you are generally able to make a personal injury claim. At Smith's Lawyers, one of our team members can speak with you and offer a free consultation to educate you on your rights and entitlements under the law.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert car accident lawyers. We can explain your options to road accident injury claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.