No matter the type of injury you sustained or where you were injured, you have the right to receive compensation under the law. However, there is no absolute time frame that will determine how long you must wait for a settlement agreement. Unfortunately, this is the case for many seeking injury compensation payouts.
Often, those suffering physical and emotional angst from an accident must endure significant financial hardship because their payment takes a considerable amount of time. It is difficult to wait when you see bills mounting with no relief in sight.
No Fee Injury Lawyers are sympathetic to your situation. We have helped hundreds of injured people get their settlements. We will work with you and mediate with the other party’s insurance representatives. Our experienced team will keep you informed of our progress every step of the way.
What Sort of Accidents Can I Claim?
You can seek an injury compensation payout for several kinds of accidental injuries. Essentially, you may seek compensation if your injury results from the negligence of another party. This includes individuals, groups, or companies. Potential claims can arise from,
- Slips, falls, and other accidents in a public place
- Accident with a motor vehicle
- Domestic animal attacks
- Injuries from other types of vehicle accidents
Additionally, you can file for work injury compensation if you are hurt on the job.
If you plan on filing a claim for an injury compensation payout, you must remember that you have a three-year time limit on filing. It is in your best interest to seek legal advice as soon as possible.
The Steps in Your Claim
1. You will begin with retaining the services of a personal injury lawyer. Sharing the essential details while they are still fresh in your mind will help ensure no critical elements are forgotten.
2. Your representative will collect evidence to help support your case. This phase of your case is vital because, in Western Australia, the person complaining must prove negligence to have a successful claim. To do this, your lawyer may gather,
- Medical records
- Police records
- Proof of your appointments with healthcare professionals
- Witness statements
3. The legal representative will begin negotiations with representatives of the other party. At this point, your lawyer will determine if there will be a negotiation to settle out of court or if litigation is necessary. Settling out of court is always preferred unless your lawyer sees a meaningful advantage to appearing in court.
4. The final step in the process is the settlement. You may expect your payout to arrive swiftly. However, this is rarely the case.
How Long Must I Wait to Receive My Settlement?
Because no two compensation claims are precisely the same, it is difficult to say how long you may wait before you receive your settlement money. It is not unusual for an injury victim to wait 12 months from the time they first engaged their lawyer until they have their compensation. Numerous factors determine the amount of time you might wait for your settlement money. These include,
- Speed of gathering evidence
- Responsiveness of witnesses
- Backlog of the at-fault party’s insurance company
- Paperwork is pending
- Each insurance company moves at its own pace
- The Deed of Agreement must be signed by both parties and filed
- Medicare and Centrelink are entitled to recoup payments. The payment cannot go through until both entities agree that they are satisfied that no money is owed to them.
- A 14-21 day period between receipt of the Centrelink notice and payment of the money is customary
- The money will go to your lawyer’s trust account. The funds may clear immediately, or it can take up to three days. Once the money has cleared, your lawyer will release the funds to you, less any unpaid bills or fees.
- You will receive a trust account cheque from your lawyer. This will take three working days to clear.
FAQs
- Do I have to accept the first offer I get, or can I hold out for a better offer?
Many times, your first offer is not the best. Before making this decision, you should rely on your lawyer’s understanding of the case. If you have a strong case and are likely to get more money by being patient and negotiating further, your lawyer may suggest rejecting the first offer. However, if your case is weak or the evidence somewhat flimsy, your best choice may be to accept the offer.
- How does Medicare determine if I owe them part of my settlement?
You will receive a Claims History Statement either from your lawyer or directly from Medicare. The statement is a list of all treatment items that Medicare has paid since the date of the injury, provided for your verification. After you receive it, you should make an appointment with your lawyer to go over the list. This is important because you must sign a statutory declaration swearing in front of a witness verifying the accuracy of the history of your claim statement.
- Once my claim is settled, how soon can I begin spending the money?
It is normal to want to spend some of the money you have suffered and waited for during the claims process. However, you should wait until the amount of money you expect is visible on your bank statement. You could face significant financial trouble if you make major purchases like a house or car without actually having the funds in your possession.
Understandably, you would want to quickly receive your payout after sustaining an injury. You have already experienced significant pain and suffering, as well as numerous expenses related to the incident.
Here at No Fee Injury Lawyers, we will do everything possible to ensure your payout reaches you as quickly as possible. Our legal experts understand how vital a quick settlement is to our clients. We will fight to get you what is yours without excessive waiting. Feel free to reach out to us if you have sustained injuries from an accident.