Personal Injury Claim FAQs | Millner and Knight

Q: How long do I have to make a personal injury claim?

If you need to make a personal injury claim , the last thing you want to do is run out of time. Suffering an injury in an unexpected accident is inconvenient, to say the least, and claiming might not be the first thing on your mind. However, strict timeframes are associated with claiming and leaving it too late can be disastrous. Missing the deadline could mean that you lose your right to compensa

Can i make a claim on behalf of someone else?

In some instances, you might be required to make a claim for someone else.

These instances can include claiming for a child, claiming on behalf of a deceased family member or on behalf of a loved that doesn’t have the mental capacity to do it themselves.

There are many circumstances that require a victim’s claims to be handled by someone else. If you think that you might have to represent someone in their claim for compensation, we can help you make this determination.

My child was injured at no fault of their own, can I claim for them?

A parent or guardian can claim on a child’s behalf if they are under the age of 18, they also have up to the age of 21 to claim themselves if they wish. For example, a minor who suffered injuries in a car accident at the age of 14 can either wait until they are 18 and recover the money themselves or you could handle their compensation claim for them now.

To find out whether you are entitled to make a claim on behalf of your child, contact our team today.

Can I claim on behalf of a loved one who lost their life in an accident?

First of all, if you have lost someone you love in an accident, we would just like to say how sincerely sorry we are.

Losing a loved one doesn’t just hurt in the head and heart, the loss of a loved one can seriously hurt people’s finances too. The cost of unexpected medical bills and funeral expenses can have massive impacts on families.

Also, if the deceased person used to contribute financially this can leave finances being stretched to breaking point, and in some sad cases, we hear of people losing their family home.

We understand if you have lost a loved one that compensation might not be the first thing on your mind. However, we have seen the difference that compensation makes to grieving family members lives allowing them to plan for the future without that person.

If you need help making a fatal accident claim, we can help.

We handle all claims on a No Win No Payment basis and our lawyers fight these types of cases with compassion and will work relentlessly to get you the compensation you deserve.

What if my loved one can’t claim themselves due to brain injuries?

In some serious accidents, victims can be left with injuries that impair their mental capacity leaving them unable to make a claim themselves. If someone you love has suffered brain injuries that prevent them from starting a claim we can help. Speak to our legal advisors to discuss your options on 1800 106 107. All calls are free and we will never pressure you into starting your claim with us.

Other instances where you might need to make a claim for someone

Please don’t worry if we haven’t mentioned your circumstances listed above. There are many other instances where you may be eligible to make a claim on someone else’s behalf.

Only a practising personal injury lawyer can make this determination for you so if you need to find out where you stand, speak to us today.

Millner and Knight are one of the country’s largest personal injury claims, support and helpline services.

Do i need to have a medical?

When making a claim for compensation in order to verify that you have indeed been injured in your accident a lawyer who specialises in personal injury will need to send you for a medical.

During your medical assessment, a specialist will examine your injuries to determine how they will impact your life.

What type of doctor will I see?

Medical assessments for personal injury claims are carried out by doctors who specialise in specific injuries. These doctors are sometimes referred to as medico-legal doctors because they practice in accident injuries and have a deep understanding of the legal side of things.

The doctor who carries out your medical examination must be totally independent and not connected to any of your previous medical issues. Australian Accident Helpline and our panel of law firms are partnered with some of the most experienced medico-legal specialists in the country. So, you can be sure that your assessment is honest, accurate and carried out by a person who specializes in injuries like yours.

For example, if you have suffered whiplash a doctor who specialises in neck and spine injuries will make your assessment. On the other hand, if you if you were wrongfully hurt during a medical procedure you will be looked at by a doctor who specialises in that field.

What will happen during my medical?

During the medical, you will discuss how your injuries have affected your life. You will be asked to explain in detail which parts of your day to day activities have been impacted the most. For example, does your burden your working capacity, social or family activities. After your chat, a physical examination will be carried out by the expert. There is no one size fits all procedure so to speak with medicals.

The exact nature of your examination will depend on what type of injuries you have suffered from.

An average medico-legal examination lasts for approximately 30 minutes. However, if your injuries are extraordinary assessments can be considerably longer.

Do I need to prepare for the medical?

It’s good to be clear when explaining to the doctor how your injuries came about and how they are affecting you. It’s good to resight the events with a friend or family member beforehand if you think that you might get nervous during the assessment.

You will be under no pressure whatsoever during your medical and the assessing doctor will not be trying to catch you out, nor will they ask you any tricky questions about your accident or injuries.

We realise that some people might feel uncomfortable talking about their accident in detail, especially if they suffered serious injuries or lost a loved one. If you think that you might feel nervous during your examination, one of our lawyers will try their utmost to make you feel comfortable and prepare you for the examination as best they can.

Do I need to tell the doctor about my medical history?

It’s important, to be honest, and open with your examiner and it’s best to disclose your previous medical history to them.

For example, if you have an underlying condition from an arm injury you suffered in the past, you must let them know.

This is absolutely normal and standard procedure in all medico-legal examinations so please don’t feel like it is an invasion of privacy. It’s not a legal requirement to disclose your medical history but it does help. If you need more information about medicals or are worried about sharing your medical history speak to one of our lawyers today. Call 1800 106 107 for free tailored advice and support.

What happens after my medical?

After the examination, the specialist will draught a report that contains their prognosis. The main focus of the report will be how your injuries have or expect to impact your life. It will also confirm that the injuries you have suffered are the ones that you suffered in your accident and that it’s these injuries that are affecting you, not a prior medical condition.

In some rare cases, claimants are unhappy with their medical report.

There can be a number of reasons for this and in many cases, it can be as simple as a misunderstanding between you and the examiner.

In these types of instances, your lawyer will arrange for another medical and until we achieve an accurate report.

How much does a medical cost?

Medical examinations are notoriously expensive as reputable medico-legal doctors are quite hard to come by.

The cost of your examination will depend on the complexity of your injuries.

However, please don’t worry about the cost or about having to pay for your medical out of your own pocket.

Millner and Knight’s lawyers will arrange and pay for your medical examination for you. When you make a claim with us there is no out of pocket expenses whatsoever, did you know that making a no win no fuss claim with us is also 100% risk-free?

What to do next?

If you’ve suffered injuries in an accident that wasn’t your fault, you’re probably considering starting a compensation claim. If that’s you we can help, one call is all it takes to find out whether you can claim with one of Millner and Knight’s lawyers.

Call our legally trained advisors today on 1800 106 107. All calls are free, and you’ll never be pressured into claiming compensation with us.

Do I Have The Right To Drive After A Crash?

We understand how frustrating being involved in an RTA can feel. But did you know, if you weren’t at fault, you have the right to drive a no cost vehicle?

Knowing who's at fault

Let’s face it, nobody likes to be wrong especially after a smash.

For this reason, regardless of what’s said or agreed upon immediately afterwards, always seek advice from a professional.

Every day we help people who have been involved in accidents find out for certain who was to blame. In some cases, it’s clearly obvious and some cases it can be very blurry. Because accidents happen when we least expect them to, the shock and the panic can sometimes take over which effects our judgement.

Crashes can also happen at tremendous speeds and in some cases, involve numerous vehicles. However, regardless of how confused, pressured or compelled you feel into admitting liability until you’ve spoken to a professional, just say you aren’t sure whose fault it was.

Millner and Knight offer a completely free service to help you understand your rights and responsibilities after a crash. We even have a specialist team of road accident lawyers who you can also speak to for free for added peace of mind.

The number to call is 1800 106 107, all calls are free, and we can let you know in minutes whether or not we can provide you with a no charge courtesy vehicle.

Your right to drive

Under Australian law, anyone who has been involved in a no-fault RTA has the right to drive a replacement vehicle at no cost to them.

If you were at fault, or thing you might have been, you can still drive (laws permitting) but you may be held liable for the charges.

When you call us to arrange an accident replacement we will make an accurate assessment of your eligibility, this way there will be no surprises later down the line. If you qualify, you can be back on the road in a matter of hours.

We can also arrange for your car to have repairs at an authorised body shop if it’s not beyond repair.

No fault no charge

Can I get Compensated?

After any type of accident, if you have suffered an injury or significant loss you will be more than likely eligible for compensation.

If you have a genuine claim, our national panel of experienced compensation lawyers can help you recover the following:

Any time off work and lost earnings
Any future lost earnings
Any changes in your ability to work
Care or support, even if given to you for free by family or friends
Any adaptations you might need to your home or motor vehicle
Travel and accommodation expenses

Compensation for an RTA is usually paid out by the negligent party’s insurer or relevant CTP insurance commission.

We have lawyers in

Queensland
Western Australia
Victoria
And throughout each State.

Any compensation claims made with Millner and Knight will be handled on a 100% No Win, No Charge basis.

What type of vehicle can I get?

In most cases, we can provide you with a like for like vehicle.

vehicles will be allocated on a case by case basis and we can’t and will not guarantee that we can provide you with an identical replacement.

Please note: The choice is yours and you have the right to drive whatever you want.

Arrange a replacement now

The best way to arrange your replacement is to call us free on 1800 106 107.

How do I know if I can make a claim?

There are two ways in which you can check if you’re eligible to make a claim for your accident.

You can use the above claims eligibility checker to find in 60 seconds whether you can make a claim.
You can call us for free on 1800 106 107and speak with one of our friendly advisors.

When you call, we will need to ask you some questions about your accident and the aftermath in order to assess whether you have the grounds for a claim.

We understand how difficult this may be for you and those around you so we will treat your case with the care and empathy you deserve.

When calling us, you are under no obligation to proceed and we will never pressure you into starting a claim.

Assessment and lodgement

When you contact us, we will perform an assessment based on strict eligibility criteria. If we deem your claim to be valid for our ‘no win, no dramas guarantee’ case, our legal professionals, with your go ahead, will launch the necessary legal proceeding. If you do not qualify for our ‘no win, no fee’ guarantee, we will let you know and advise you of your options.

If you are making a claim on behalf of someone else, this also applies. We will advise you on the necessary steps and assist you in this difficult time.

As your claim progresses, we will keep you up to date. If you require clarification or further information on any points of the claim, you can contact your solicitor at any time.

Types of claims

We can help you recover compensation for a range of injuries including:

No win, no dramas

We believe that anyone who has been a victim of a no-fault accident should have access to quality legal representation regardless of their financial situation.

No Win-No Fee is an agreement between plaintiffs and law firms.

If for any reason your claim is unsuccessful, the law firm will foot the legal costs, not you which means that you will never be left out of pocket when you claim with us.

If your claim is successful, then your legal fees will be deducted from your compensation payout.

If you would like to learn more about our services or find out exactly how we can help, call our friendly legally trained advisors on 1800 106 107.

How much compensation can I get?

When calculating compensation, there is no one size fits all solution.

There are a number of factors that will be taken into consideration when negotiating your compensation, including:

Any time off work and lost earnings
Any future lost earnings
Any changes in your ability to work
Care or support, even if given to you for free by family or friends
Any adaptations you might need to your home or motor vehicle
Travel and accommodation expenses

At this stage it is impossible to give you an accurate estimation of what you could receive however, you can make your own assessment online, without having to speak to someone using our compensation calculator.

What to do next

The first action most plaintiffs take when looking to start a claim is finding out if whether they are eligible or not which is why we created our eligibility checker.

If you’re thinking about making a claim or just need more information, then you can call Millner and Knight on 1800 106 107.

Or,

Start online.

How long do I have to make a personal injury claim?

If you need to make a personal injury claim, the last thing you want to do is run out of time.

Suffering an injury in an unexpected accident is inconvenient, to say the least, and claiming might not be the first thing on your mind.

However, strict timeframes are associated with claiming and leaving it too late can be disastrous.

Missing the deadline could mean that you lose your right to compensation. (statute Barred)

Countless Australians have lost out on hundreds of thousands of dollars in compensation for not acting promptly.

So, what are the time limits?

In most cases, claims for injuries suffered in no-fault accidents should be made within three years of the date of the injury.

But this timeframe isn’t set in stone.

There are many ways a lawyer can grant you more time.

Due to the many jurisdictions In Australia and difference in legislation from state to state it’ would be near impossible to list all of these ways on our website.

But for example, serious personal injuries often merit an extension and claims such as those for asbestosis don’t have any limitations.

For this reason, even if you believe you have missed the deadline, we might still be able to help.

What type of personal injury claims have a deadline?

Some of the most common types of cases which have a time limit include:

Why it is so important to act promptly

Before any formal legal proceedings can commence there a few routine obligations that should be carried out by your lawyer.

These include but are not limited to:

Arranging for you to attend an independent medical examination
Speaking to and gathering statements from witnesses
Assessing other evidence, such as photographic or video evidence
Obtaining an expert testimony

These are pretty run of the mill tasks that are associated with almost all personal injury claims and can take anything from a few days, or sometimes weeks, to carry out.

So, for this reason, it’s important to give yourself and your compensation lawyer enough time to complete these tasks before the three-year limitation period ends.

leaving it too close to the deadline can make it very difficult to assess and lodge your claim in time.

If you think you are coming close to the three-year mark, we strongly recommended that you contact us as soon as possible to discuss your matter with one of our lawyers.

We have offices in Sydney, Melbourne, Brisbane, Perth, Adelaide, Darwin, Canberra and throughout each state.

Claiming as a child.

If someone was under the age of 18 at that time they suffered an injury, then you have 3 years from the date of their/your 18th birthday to put forward a claim.

Alternatively, a parent or guardian can start legal proceedings on their behalf.

Do you need to make a claim on behalf of someone else?

How long is the claims process?

There is no one size fits all when it comes to your compensation. Each case that our personal injury lawyers work with is different, which makes it difficult for us to say how long your compensation claim might take to be resolved. We evaluate each on a case by case bases which means that we cannot give you an exact timeframe for your claim.

I need to settle my claim ASAP because I’m struggling financially

The personal injury lawyers assigned to our panel, understand how anxious you may be to settle matters quickly. Because of this, we and our lawyers make every effort to resolve claims as swiftly as possible. A simple, uncomplicated compensation claim such as claims for whiplash injuries could be resolved within one year from when the claim started. However, for complex cases and serious injury claims, the process can take much longer.

What if my claim is complicated?

If the injuries you suffered are more severe or ongoing such as complex medical negligence compensation claims, the process will most likely take longer.

We act in the best interests of our clients at all times, we will always take the time to build a solid case, as rushed claims generally result in poor compensation payouts.

To make a successful claim we will need to collect statements from witnesses and medical professionals. This can prolong the process, however, the stronger your case is, the more chance it has of being successful.

If my claim is complex and I lose will I need to pay towards legal fees?

Your lawyer can only charge you for the work they have done, if your case is complex it doesn’t necessarily mean that you will need to pay more in costs.

We are strictly no win, no pay and handle all claims on no win no fee basis.

Because of this, it makes no difference how long it takes to work on your claim. If your claim happens to be unsuccessful you will not be required to pay any legal fees, regardless of how long your case has taken for them to process.

Is there anything i can do to help my case?

After an accident, there are lots of things that you can do help your case.

For example, if you have been in a car accident, your claim can be supported by evidence such as photos and eyewitness accounts from the time of the accident.

If you received medical attention at the time of the accident your medical records can prove useful as evidence to support your claim.

So, what are the best things you can do to help your case?

Keep all records

Stay organised and keep a record and of any police reports, medical records or contact information of anyone involved. The court or your personal injury lawyer will most likely request these documents during your case.

Keep details of your claim private

Be wary when using social media and talking to your friends about regarding your personal injury claim. You do not want to release too much information that could be taken out of context as this could then be used against you in court.

Be patient

Accident compensation claims can take a long time to get resolved. Listening to the advice and direction of your lawyer can help speed up the process. If you are ever unsure or do not understand something, just ask. Our national panel of lawyers is here to assist you out whenever you need help.

Be yourself

Defending parties have been known to hire private investigators to watch, take pictures and record videos. It’s not rare that insurance companies spy on claimants. For this reason, it’s important to be yourself and do not get caught doing silly things that may affect your claim.

If you haven’t already started your claim and would like some help or more information about starting one, we can help.

We handle all claims on a strictly No Win, No Charge basis and specialise in all accident types and injury types.

Who pays my compensation?

When you make a claim for your accident or injuries then your compensation will be paid by the losing side. Some of the most common questions we get asked by plaintiffs are:

What if I was involved in an MVA?

If you’re involved in a road accident our motor vehicle accident lawyers will file a claim against the at-fault parties’ insurance. Any compensation and most of the legal costs will be paid to you by their insurance company.

When it comes to making claims for road-related injuries, depending on whereabouts it took place, different laws may apply to you.

If your accident took place in any of the following states, it’s a good idea to go directly to the page to read the appropriate content.

I’m claiming against a business, who pays?

If you make a claim against a business or organisation, then the claim will be made against them. If they have public liability insurance, the insurance company will pay your damages. If they do not have insurance, then they will still be liable if found to be at fault and will be responsible for paying your compensation along with any legal fees.

I’ve suffered at the hands of a medical professional

To make a claim for malpractice against a doctor, surgeon or any other professional a medical negligence lawyer must first prove that they were negligent.

I Had an accident in a public place

I worked with Asbestos years ago

Will I need to go to court?

Courtrooms are known for being intimidating places, however, if you do need to go to court our lawyers are well versed in personal injury litigation.

I would be too scared to go to court

We understand that one of the greatest fears people have about putting in a personal injury claim is the possibility of having to go to court.

Here at Millner and Knight, we know that courtrooms can be a terrifying place, but there is no need to worry as our expert lawyers will have your back if every step of the way.

In most cases recovering compensation for your injuries is done without having to enter a courtroom to settle your claim.

Will my claim be settled out of court?

A large percentage of claims in Australia are settled out of court. Many businesses and insurance companies don’t want the additional expense and bad publicity that comes with a court case.

If your lawyer says you have a strong chance of winning your case, then it is unlikely that your claim will go to court.

Normally, if the evidence is strong enough, the other party will admit liability and offer damages rather than going through the courts.

Of course, you do not have to accept these damages as you may be entitled to more which may mean you would need to go to court. If this is the case, your personal injury lawyer will advise you of this.

What happens if the other party denies liability?

The only time you may be required to go to court in a compensation case is if the other party is denying liability – in other words, if they dispute that they were at fault for your accident.

For example, you have been involved in a car accident that wasn’t your fault but the other side is also claiming the same thing.

In court, you will need to give your side of the story to a judge and they will then determine whether or not the other party is responsible. However, these cases are far and few between, and your lawyer will offer advice as to whether court action is likely when you first make a claim.