BAKER DEANE
& NUTT

Canberra
Level 1, 1 Farrell Place
Canberra City ACT 2601
Phone: (02) 6230 1999

Queanbeyan
260 Crawford Street
Queanbeyan NSW 2620
Phone: (02) 6299 3999

FAQ - Personal Injury

Lawyers specialising in personal injury assist clients to obtain compensation as a result of physical and/or psychological injury.

Practitioners at Baker Deane & Nutt specialise in personal injury law and can assist with:

  • Workers Compensation,
  • Motor Vehicle Accidents,
  • Public Liability,
  • Medical Negligence, and
  • Comcare Claims.

For personal injury matters Baker Deane & Nutt do not charge for the first consultation and offer “No Win No Fee” in most matters.

Why should an injured person consider a personal injury claim?

It is often difficult to know whether or not you are eligible to make a personal injury claim and if you are eligible, which type of claim can you make? By speaking with Baker Deane & Nutt you will be informed of your rights and obligations with respect to your injury and whether we believe you have reasonable prospects of succeeding with a claim. Generally speaking, if your injury is sufficiently serious that you need to see a doctor or have time off work, then there is good reason to consider making a claim.

What types of personal injury claims can be made?

There are several different types of personal injury claims which can be made, including:

  • Workers Compensation Claim,
  • Motor Vehicle Accident Claim,
  • Common Law Negligence Claim
  • Comcare Claim

In some circumstances it is possible to make more than one of the above claims.

Who decides how much compensation will be awarded? Can BDN ask for a particular amount for their client?

The amount of compensation depends on several factors:

  1. The type of personal injury claim;
  2. The severity of the injury;
  3. The personal circumstances of the injured person.

Most claims settle as a result of negotiation between the parties (i.e. the injured party and the insurer). If the matter cannot be settled between the parties, then a Court hearing will be necessary.

Baker Deane & Nutt will assess your claim prior to settlement and advise you of what we consider your claim to be worth.

How long does the process normally take?

Each claim progresses at a different rate and can depend on the severity of the injury, the degree of complexity of the case and other independent factors. Generally, however the longest delay in a claim is the time it takes for a person’s injuries to stabilise or resolve.

Upon meeting with you, Baker Deane & Nutt will be able to provide you with an estimate as to how long your claim may take and will provide you with updates along the way.

Can the claimant seek any interim funding to pay for medical bills until compensation is awarded, if any?

This depends on several factors:

  1. The type of claim; and
  2. Whether the insurer admits liability.

For workers compensation claims, it is quite normal for an insurer to pay weekly benefits in lieu of lost wage and also for medical expenses (as long as they accept liability).

For motor vehicle accidents, there is the potential for medical expenses incurred within the first six months following the accident to be paid by the insurer. To take advantage of this however, it is necessary for the claim forms to be sent to the insurer within 30 days of the accident. Provided the insurer accepts liability, it is possible for medical expenses to be paid by the insurer in excess of six months.

Do I need to pay up front for personal injury matters?

A common misconception is that clients will have to pay a significant bill upfront for their personal injury matters. Generally, you will not be required to pay up front for your personal injury matter.

For successful workers compensation claims, the insurer will pay for all of your costs and disbursements.

For common law claims and motor vehicle accident claims, the bulk of your legal costs are paid by the insurer but not all. The solicitor/client costs that are not paid by the insurer will be deducted from your settlement sum upon settlement.

Will I need to go to Court?

Most personal injury matters settle out of Court by way of negotiation between the parties. A Court hearing will only be required if a settlement cannot be achieved. It is actually exceedingly rare to have a formal Court hearing!

Why and when should I see a lawyer?

Personal injury law can be extremely complex. To ensure you understand your full entitlements as well as the applicable risks and value of your claim, you should always seek the advice of an experienced lawyer. This should be done as soon as possible as there are strict periods within which claims must be made. If you miss those time periods, your right to claim may end and regardless of the severity of your injury or the strength of your claim.

What will Baker Deane & Nutt do for you?

When you call Baker Deane & Nutt we will obtain preliminary information from you over the phone and arrange an appointment for you to meet with one of our solicitors.

When we meet with you, we will:

  • Discuss the circumstances of your injury;
  • Assist to complete any necessary claim forms;
  • Advise you on what you are entitled to claim for;
  • Advise you on settlement options;
  • Advise you on the values of your claim and the applicable legal costs.
Baker Deane & Nutt