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Injured and unrepresented - Should I be worried?

You do not need to be worried, but you should speak to a lawyer who is an accredited specialist in personal injury law.  They can give obligation-free expert advice on how to best proceed with your claim. 

If you are injured in a motor vehicle accident and are not the driver at fault, you may be entitled to claim motor vehicle injury compensation.  The next question is, do I need a lawyer?

Understandably, people can be hesitant to engage a lawyer.  Many things can cause this concern, a previous bad experience, or you could be worried about what it will cost when you are already financially struggling after your injury.

 

Injured and unrepresented in a Motor Vehicle Accident – Should I be worried?

What are Common Law Damages?

If you were injured in an accident after 1 December 2017, you would probably be receiving statutory benefits from an insurer.  You may also be entitled to make a further common law damages claim.

To be entitled to make a common law damages claim, you must be found not to be mostly at fault and have more than a minor injury.  Most common law damages claims cannot be made until 20 months after your accident unless you are assessed at greater than 10% whole-person impairment (WPI).

You are then entitled to claim past and future loss of income, including any loss of superannuation, and non-economic loss, for your pain and suffering.

To claim non-economic loss, you must be assessed as greater than 10% whole person impairment (WPI).

It is difficult to reach the threshold to claim non-economic loss, and having a lawyer on your side can ensure you are assessed correctly.

What are the potential risks of not being represented by a lawyer?

The insurer will likely approach you to try and settle your claim early.  This can be tempting, especially if you are still not working and suffering financially.

It is in the insurer’s best interest to make you the lowest offer possible.  They also do not have an obligation to advise you on what you are entitled to.

Many people who come to us with an offer from the insurer have offers that do not include any allowance for non-economic loss damages.  If you have been seriously injured in a motor vehicle accident, this could be a substantial amount of compensation you miss out on.

How do I know what I should settle for?

We recommend speaking to a lawyer before settling your claim with the insurer.  Remember, it is in the insurer’s best interest to make the lowest possible offer to you.

Once you settle your claim with the insurer, it ends all of your entitlements to common law damages, including any ongoing loss of income, even if your injuries deteriorate.  You cannot return to claim further compensation.

Do I save money representing myself?

No, in the long run, you don’t.  The risk is that in representing yourself, you could miss out on substantial compensation to which you are entitled.  The insurance company will not tell you what you are entitled to; their job is to settle the claim for the least amount possible.

You must understand your costs agreement with your lawyer, as all lawyers will have different fee structures.  Click here to learn more about the transparent Legal Costs and Service Agreements we offer at Garling and Co.

The insurer also contributes to your legal fees.

Can a lawyer take over my claim when I have already commenced with the Insurance company?

Yes.  A lawyer can step in at any stage of your compensation journey.

We recommend speaking to one of our lawyers as soon as possible after your accident to ensure all the appropriate steps are taken from the onset to ensure you receive what you deserve.

If you are injured in a motor vehicle accident, call, and speak directly to one of our lawyers, who will be able to give you the advice you need.  All our lawyers at Garling & Co are accredited specialists in personal injury law, and we are the experts you need to achieve the compensation you are entitled to and deserve.

Contact us today  

 

A smiling woman in a blue shirt.

Natasha Stojanovic

Natasha is an Accredited Specialist in Personal Injury Law (Law Society of NSW) since 2014. With over 10 years of dedicated experience in Personal Injury Law, Natasha has a deep understanding of Worker’s Compensation, Public Liability, Motor Vehicle and Medical...
Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
READ ALL TESTIMONIALS

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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You won’t be required to pay any fees until we win your case.

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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