Melbourne Personal Injury Lawyers

How a claim actually works, start to finish

Most people have never done this before and have no idea what the next two years look like. Here is the shape of it. Not every claim goes through every stage — most stop well before the end — and the timings vary a great deal with the injury.

1. The first two weeks. Get medical attention, even if you think you are fine, and tell whoever treats you how the injury happened — a crash, a fall, a machine that was not guarded. The gap between the injury and your first medical record is what an insurer will point at later. After a motor vehicle crash there is a hard deadline on top of that: state law gives you a narrow window before no-fault benefits are lost.If you call us in this period, we open the claim, notify the insurers and take the paperwork off you the same day.
2. Investigation, while the evidence still exists. The incident or crash report, photographs, camera footage, vehicle data, maintenance and inspection records, witness details. Much of this is overwritten or discarded within weeks by ordinary business routine, not by anyone hiding anything.We send the preservation requests, obtain the reports and track down the footage before it cycles. You do not need to chase any of it.
3. Treatment, and finding out where you will end up. Your case cannot be valued until your doctors can say what is temporary and what is permanent. This is usually the longest phase, and it is normal for it to feel as though nothing is happening.We manage the medical bills, the health insurer, and any lien or letter of protection in the background, and we keep you updated even when there is nothing new to report.
4. The demand. Once your treatment has reached a stable point, everything is assembled into one package: the records, the bills, the lost earnings, the effect on your life, and a figure.We write it, we price it, and we go through it with you before it is sent. Nothing goes out that you have not seen.
5. Negotiation, and the first offer. Insurers rarely accept a first demand. There is usually an exchange of positions, and an early low offer is a normal part of that rather than a verdict on your claim.We handle every conversation with the insurer. The decision to accept or refuse is always yours, and we will tell you what we think and why.
6. Filing suit, if it is needed. If the negotiation stalls, or the deadline is approaching, a lawsuit is filed. Filing is not the same as going to trial — for many claims it is simply what makes the other side take the case seriously.We prepare and file everything. Your involvement at this stage is usually limited to answering questions and approving decisions.
7. Discovery. Both sides exchange documents and answer written questions, and witnesses give evidence under oath at a deposition. You may be asked to attend one, and you may be examined by a doctor chosen by the other side.We prepare you properly for anything you have to attend, we go with you, and nothing about the process will be a surprise on the day.
8. Mediation. Before a trial date, the parties sit down with a neutral mediator to try to settle. This is where a great many cases end.We are in the room with you throughout, and no figure is agreed without your say-so.
9. Trial, if settlement fails. A small minority of claims are decided by a judge or jury. Where that happens depends on how much is at stake.If your case is one of them, we carry it. You will have been prepared for it long before the date arrives.

Your job is to get treatment and get better; ours is everything else. If at any point you are not sure what is happening or why, that is a phone call, not an imposition — being kept in the dark is one of the most common complaints people have about this process, and it is entirely avoidable.