Debunking common myths about injury law claims

Experiencing a motor vehicle accident or a slip, trip, and fall incident can have severe physical, emotional, and psychological consequences, as well as a significant financial impact. In such situations, individuals who have suffered injuries or other losses often explore their legal options to recover costs related to medical treatment, loss of income, and property repairs. Seeking legal advice early on can offer peace of mind during the recovery process. However, it is important to address and dispel the unfounded myths surrounding injury law that might prevent victims from making or maximizing a compensation claim against those responsible for their suffering. This article aims to debunk some of the common myths about injury claims, lawyers, and the available legal avenues for accident victims.

Myth #1: Hiring an injury lawyer is expensive.
Contrary to popular belief, not hiring a lawyer can lead to greater financial losses in the long run. The cost of medical expenses and lost income over time can far outweigh any legal fees spent to maximize an injury compensation claim. Additionally, at Scammell & Co we offer a "no-win, no-fee" arrangement, ensuring a risk-free option where you only pay legal fees if we successfully obtain a payout for you. Working with a reputable lawyer who takes on your case only if there is a realistic chance of winning can also save you time and money.

Myth #2: I can resolve an injury claim myself.
Attempting to navigate the insurance industry's complexities or the legal system without legal representation often leads to underwhelming results. Accident victims may lack understanding of their rights and the necessary legal knowledge and experience to present a strong case. Numerous studies have consistently shown that having legal representation in injury claims results in significantly higher settlements compared to individuals who settle with insurance companies on their own.

Myth #3: There is plenty of time to make a claim.
In South Australia, claims are subject to a statute of limitations, meaning there is a limited time from the date of the accident or trauma to initiate legal action. Personal injury claims have a time limit of three years, while property damage claims have a time limit of six years.
By dispelling common myths, individuals can gain a better understanding of injury law claims. Seeking professional legal advice and representation can significantly increase the likelihood of obtaining fair compensation for the damages suffered.

Myth #4: Claims are quick and easy.
The duration of an injury claim depends on its complexity. Some cases may take years to resolve, while straightforward cases can be settled within a reasonable timeframe. Claims cannot be finalized until you have fully recovered or reached a point where further recovery is unlikely, as future medical expenses and permanent incapacity (if any) are factors considered in the claim. If you require extensive rehabilitation due to a serious injury, the time to settle your claim may be longer. It is crucial to finalize your claim only when your lawyer is fully informed about any potential future complications.

Myth #5: The responsible party pays out of pocket for my injuries and other losses.
It is important not to assume that the responsible party will personally cover your injuries or losses resulting from an accident. In most cases, settlements to cover medical expenses, loss of income, and property damage are paid by the at-fault party's insurance company.

Myth #6: I only have minor injuries, so it's not worth talking to a lawyer.
Even if your injuries appear minor initially, such as cuts, abrasions, or bruises, it is still advisable to consult with a lawyer about pursuing a compensation claim. An experienced injury lawyer can assess the situation and determine if a claim should be pursued. Additionally, seemingly minor injuries can develop into more serious, expensive, and traumatic physical and psychological conditions over time.

Myth #7: Insurance companies have my best interests at heart.
Insurance companies prioritize profit over individuals' well-being, even their own customers. Their objective is to minimize payouts to accident victims. Insurance providers may employ various defences and seek loopholes to avoid fulfilling their obligations. It is crucial to leave the disclosure of any information about the accident or injuries to your lawyer.

By dispelling these common myths, individuals can gain a better understanding of injury law claims.
Seeking professional legal advice and representation can significantly increase the likelihood of obtaining fair compensation for the damages suffered.

For further information about making an injury law claim, follow the link HERE or contact our specialist injury lawyers for a confidential discussion.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Your options if you are injured in a carpark motor vehicle accident

When it comes to injuries caused by motor vehicle accidents, the first thing that often comes to mind are single or multi-vehicle collisions on public roadways. However, public or private carparks are also potential places for motor accidents – causing vehicle or property damage, and in some cases causing physical harm.

By their very nature, carparks present potentially hazardous conditions which can lead to accidents.  Carparks are generally a hive of activity and designed in such a way to be relatively confined spaces featuring an array of distractions and obstacles. These hazards include:

Accidents in carparks can be caused by a myriad of reasons including:

Whose fault the accident is will depend on the circumstances of the incident. Obviously, driver responsibility extends to carparks and as such drivers must drive with due care and abide by any rules. Carpark owners and operators also have a duty of care to users and could be found negligent.  And passengers or pedestrians can also be found at fault of an accident.

Whatever the cause of an accident and whoever is at fault - drivers, passengers, employees, and pedestrians are all at risk of sustaining minor or serious injuries - even death.

If you have sustained an injury in a carpark accident, you may be entitled to compensation. Compensation is usually paid to the injured person (the claimant), by or on behalf of the person who caused the injury (the defendant). In South Australia, owners of registered vehicles pay insurance premiums to cover both the owner and driver of the vehicle against the risk of being sued by someone injured by that vehicle. This system is known as Compulsory Third Party insurance (CTP).

A person making a claim must demonstrate:

Some of the claimable expenses include:

Other factors that have a bearing on a compensation payout include: liability (who is at fault), negligence (who had a duty of care), loss of financial dependency (e.g. spouse or minors), personal suffering, loss or grief (in the event a loved one dies), and reliance on domestic support as a result of injuries.

Claims for compensation are assessed on strict criteria and supporting evidence.

Under South Australian law, claimants must lodge a claim form within six months of the date of the accident, or in instances where the motor vehicle responsible for the accident was unknown or unregistered (and therefore uninsured for CTP), or the at-fault driver did not stop to provide their details, a claim can be made under the Nominal Defendant Scheme.

Generally, settlement of your CTP claim will occur after liability has been determined by the CTP Insurer, your injuries are considered medically stable, and the impact of the injuries is known.

Given the complexity of injury law and the strict time limits in which to make claims, it is vital to seek prompt legal advice so that proper steps can be taken to manage the claim process. Scammell & Co has extensive experience in making these claims on behalf of our clients.

For information on how a Scammell & Co injury lawyer can assist you with your motor vehicle accident injury compensation claim, click here 

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.

Wanting to make an injury compensation claim? Scammell & Co offers “No Win – No Fee” arrangements. Here's how it works.

No Win – No Fee arrangements are offered by lawyers as a legitimate and commonplace means for clients to access justice, particularly in cases where the insurer’s immediate response is to reject the claim.  No Win – No Fee arrangements are most common in litigation matters, especially personal injury claims. Such claims might result from a slip, trip and fall incident or a motor vehicle accident. No Win – No Fee is especially helpful for people who cannot afford to pay legal fees – a barrier which may otherwise prevent an injured person from pursuing a claim and receiving their entitlements.

In legal terms, No Win – No Fee arrangements essentially involve conditional-costs agreements. This means payment is dependent on a successful outcome. So, if a client’s claim is unsuccessful, then your lawyer’s professional fees are waived.

A successful outcome is broadly defined as one that includes a court judgment or a settlement between parties or other agreement that results in a resolution. An experienced solicitor will be able to guide you as the matter proceeds and to be alert to the fact that any claim needs to be cost effective. In addition, careful advice needs to be given as to how far a matter should proceed as a No Win – No Fee arrangement does not protect a claimant from the costs that might be sought by the other side.

If a successful outcome is achieved, often a contribution towards legal costs and disbursements will be paid by the insurer. The level of contribution will be determined by the amount of compensation
received – often, if successful, a settlement sum will include an amount for the compensation, legal costs and disbursements so that a calculation can be made as to what amount the claimant will clear.

A Scammell & Co injury lawyer is highly experienced in the areas of Public Liability, Personal Injury and Motor Vehicle Accident compensation claims. We offer No Win – No Fee arrangements and will always be upfront about your chances of success and our fees and other costs. We offer a free, no-obligation initial appointment to go over your circumstances and outline a pathway and timeline for your claim. Contact us today.

For more information about our public liability and personal injury claim services click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.