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.

 

Your entitlement to claim for assistance as a result of injuries sustained in a motor vehicle accident explained

PART 3. Motor Vehicle Accident Claims:

 

Involved in a motor vehicle accident which was not your fault? You may be able to claim for the assistance you receive because of your injuries

Sometimes after a motor vehicle accident a family member or friend will provide assistance to an injured person who can no longer attend to various tasks due to the injuries suffered. This might include assistance such as cleaning, washing, gardening, shopping or transportation to doctors and physiotherapists etc. That is, this assistance is given because the injured person can no longer perform these tasks, due to the injuries sustained.

In law, this assistance is known as “voluntary services” and if certain criteria are met, damages (compensation) can be claimed up to the date of settlement. This is known as “past voluntary services” which is payable to the injured person.

Damages are not awarded unless the voluntary services are provided by a parent, spouse, domestic partner or child of the injured person. The amount that is payable cannot exceed the equivalent to four times State Average Weekly Earnings. However, a Court may make an award in excess of this sum, if the services are reasonably required by the injured person and, if not so provided, the injured person would have had to engage another person and pay for those services.

In my previous article, I referred to claims for pain and suffering and in particular the significant changes that were made to the law in 2013. In particular, I referred to the necessity of having to reach a threshold of Injury Scale Value of 11 or more before damages are payable by the insurer for pain and suffering.

That same legislation added further criteria for claims for past voluntary services.

An injured person will not be able to make a claim for past voluntary services unless:

This law also limited the hourly rate that can be used in calculating past services. The hourly rate must not exceed the rate prescribed by the Regulations. At the time that the law was enacted, the rate was $25.00 per hour.

If the injuries appear to be serious enough to require this assistance, we often recommend that a diary be kept to record the services provided, by whom and the time spent in relation to those services so that there is contemporaneous evidence that is required to make such a claim.

Future Domestic Assistance

In some cases, an injured person will be left with a permanent disability which may impact on various parts of their life including their ability to perform activities of daily living. This might include difficulties with cleaning, washing, gardening and maintenance tasks in and around the home. In some cases, an Activities of Daily Living assessment report can be obtained from an occupational therapist. This will identify the services that are likely to be needed in the future as well as equipment needed.

There is no threshold and the hourly rate for those services is not limited but instead is at normal commercial rates.

When considering making these claims, it is vital to gather supportive evidence as early as possible.

Accordingly, getting advice early is very important. If you have been injured in a motor vehicle accident, it is important you seek prompt advice so that proper steps can be taken to gather the required evidence. At Scammell & Co, we have extensive experience in making these claims on behalf of our clients.

Click here for further information about our Motor Vehicle Accident claim services.

Contact us for your FREE initial consultation. No win - No fee arrangements available.

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

Your entitlement to claim for economic loss as a result of a motor vehicle accident explained

PART 2. Motor Vehicle Accident Claims:

If you have been involved in a motor vehicle accident which was not your fault, you may be able to make a claim for economic loss.

Under certain circumstances, economic loss can be claimed for the injuries sustained in a motor vehicle accident. The loss is claimed for both the past and into the future. That is, a loss of income which can include a loss of chance of income.

A loss of income into the future after settlement can also be factored into your claim, as well as a loss of chance of future income.

Past Economic Loss

In my previous article, I referred to claims for pain and suffering and in particular to the significant changes that were made to the law in 2013. In particular, I referred to the necessity of having to reach a threshold of Injury Scale Value of 11 or more before damages are payable by the insurer for pain and suffering.

There is no such threshold that needs to be achieved when claiming past economic loss.

Normally, a loss is claimable, as long as there is medical evidence to substantiate the loss that has been caused by the injuries sustained in the collision. Reporting the matter to doctors and obtaining correctly filled out medical certificates are crucial in making such a claim.

Unfortunately, after the loss is calculated, the 2013 law allows the insurer to reduce that amount by 20%. This 20% reduction occurs after the application of any discount and after any reduction for contributory negligence. It is, in effect, a 20% reduction from any actual loss that has been calculated.

A claim can also be made for interest in relation to the past economic loss, as well as a claim for a loss of past superannuation entitlements.

Future Economic Loss

An injured person may not be able to return to the work they were capable of performing prior to the injury. Alternatively, an injured person may return to that work but not be able to work to the same level as before, thereby reducing their future earning capacity and possibly also suffering a loss of chance of employment. In addition, with those injuries, an injured person’s presentation to future employers may be adversely affected with the medical history placing them at a disadvantage in the labour market.

Medical evidence is normally used to support those claims.

The new law (2013) introduces a threshold to make such a claim. An injured person must have a threshold number of 8 or greater in order to be entitled to an award of damages for future economic loss or an impairment of future earning capacity.

The legislation also requires that when one considers the potential for this loss, it also must be proven that there is a greater than 20% chance that the potential will eventuate.

As is the case with past economic loss, the legislation allows the insurer to reduce any such payment by 20%. Again, this is after application of any discount and after any reduction for contributory negligence.

A claim for loss of future superannuation entitlements can also be made.

When considering making these claims, it is vital to gather supportive evidence at an early stage which may include medical certificates, tax documentation, payslips, employment details and history.

Accordingly, getting advice early on this topic is crucial. If you have sustained injuries in a motor vehicle accident, it is important you seek prompt legal advice so that proper steps can be taken to gather the evidence. At Scammell & Co, we have extensive experience in making these claims on behalf of our clients.

Click here for further information about our motor vehicle injury claim service.

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

Your entitlement to claim for pain and suffering as a result of a motor vehicle accident explained

PART 1. Motor Vehicle Accident Claims:

If you have been involved in a motor vehicle accident which was not your fault, you may be able to claim for pain and suffering

A claim for pain and suffering (non-economic loss) for the past and future can be made but only if certain criteria in the relevant legislation have been satisfied. The award for this pain and suffering is called “damages”.

Damages may only be awarded for non-economic loss if:

In addition to this, significant changes were made to the law for injuries suffered in a motor vehicle accident post 1 July 2013. These changes have made it much more difficult for an injured person to claim damages – even if the accident was not their fault.

Significant changes brought about to the Civil Liability Act, 1936 and the Civil Liability Regulations, 2013 has resulted in denying many claims or substantially reducing the amount of damages payable by the insurer to the injured person.

For motor vehicle accidents occurring post 1 July 2013, an injured person is assigned a numerical value (an Injury Scale Value) on a scale running from 0 to 100 for the non‑economic loss suffered. An injured person may only be awarded damages for pain and suffering if the Injury Scale Value that applies exceeds 10. That is, if an injured person is not assigned a ISV of 11 or more, then subject to the exceptions set out below, the injured person is not entitled to anything for pain and suffering.

There is an exception to this rule in that a Court may award pain and suffering if it is satisfied:

Unfortunately, there have not been any decided cases on this topic and so it is not possible with any certainty to advise as to how the Court will interpret these exceptions to the rule.

Given these difficulties, it is extremely important to compile evidence at an early stage that might assist in reaching the required threshold. Getting advice early on this topic is crucial. If you have sustained injuries in a motor vehicle accident, it is important that you seek prompt legal advice so that proper steps can be taken to gather appropriate evidence. At Scammell & Co, we have significant experience in making these claims on behalf of our clients.

Click here for further information about our motor vehicle injury claim service.

Click here to read PART 2: You entitlement to claim for economic loss as a result of a motor vehicle accident.

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