Frequently Asked Questions

We recommend consulting with a lawyer soon after your injury occurs for a number of reasons:

1. To ensure that your legal rights are protected. There are strict time limits in which you must commence your personal injury compensation claim. Waiting too long to consult with a lawyer may jeopardise your ability to bring a compensation claim.
2. To preserve crucial evidence. The sooner you contact us, the earlier we can preserve critical evidence in support of your case (for example statements from witnesses, photographs of the accident scene, CCTV footage). This type of evidence is best obtained quickly before memories fade or photographs and footage are disposed of.
3. For road accident claims and workplace injury claims, to ensure that you are receiving proper funding for your rehabilitation needs from the beginning. Early intervention with appropriate treatment is very important to your recovery. We will take steps to ensure that the insurer is providing full and proper funding for your treatment needs.
4. To be advised about your legal options early so that you can make an informed decision about how to proceed with your personal injury compensation claim.

Our lawyers will contact you within 1 business day of your enquiry.

The majority of injuries take approximately 12 months to stabilise from the date of the injury occurring. This timeframe can be longer if you have required surgery for your injury or if you have sustained a traumatic brain injury.

A large portion of compensation claims settle at a compulsory settlement conference with the insurer and/or their lawyers. The compulsory settlement conference should take place within 6 months of your injuries stabilising however we will often do this earlier.

If your compensation claim does not settle at the compulsory settlement conference it may take another 6-12 months to proceed to a mediation and, in the unlikely event that your case proceeds to trial, over 12 months from the date of compulsory settlement conference.

Most of our clients are eager for their compensation claims to resolve as quickly as possible so that they can move forward with their lives. At L&H Injury Lawyers we have experienced lawyers and advanced systems and technology so that we progress your compensation claim as quickly as possible.

You are still entitled to recover damages for economic loss even if you have returned to work after your injury. In fact, only a small number of our clients don’t return to work in any capacity after they are injured. Even if you have returned to work, your ability to perform your work may not be the same as it was prior to your injuries. Compensation may still be claimed for the disadvantages you now face in your work compared to your pre-injury capacity.

We recommend lodging a claim form as soon as possible so that you receive funding for treatment. If it turns out that your injuries completely resolve then we may not proceed with your claim and you will not owe us or the insurer any money.

We offer you an initial complimentary telephone consultation, free of charge, and with no obligation to proceed with your claim.

If you are interested in pursuing a claim, during this initial consultation we will provide you with our Costs Agreement which sets out our hourly rates and the basis upon which we charge. Our Costs Agreement provides you with: 

• A transparent fee structure with no 25% uplift or hidden fees
• No win, No fee guarantee   
• 30% cap on professional fees  
• Funding of outlays during your claim without charging interest  

Our Costs Agreement also sets out the costs that you may be entitled to recover from the insurer if you are successful in your compensation claim. 

We run all our cases on a No Win No Fee basis, meaning that you are not required to pay our legal fees or outlays unless you win. 

If you have suffered injuries in a car accident or at work, the Compulsory Third Party (“CTP”) or Workers’ Compensation insurer are required to fund your reasonable medical treatment expenses. This may include medical treatment, rehabilitation treatment, psychological treatment, pharmaceutical and travel expenses as well as any aids and equipment you may need.

If you have been injured in a car accident, physiotherapists and some other allied health providers can submit a treatment plan directly to the CTP Insurer for approval so that the Insurer can pay for your treatment. This will mean that you do not need to pay for your treatment upfront.

Unfortunately, if you have been injured in a public liability accident (most other injuries which do not occur at work or because of a motor vehicle accident), there is no requirement under the legislation for the Insurer to fund your rehabilitation upfront. Your GP may be able to assist you in applying for Medicare funding for physiotherapy or psychological treatment. Even though you are not entitled to upfront funding of your medical treatment, it is important that you keep receipts of all treatment you pay for as these expenses will be claimed against the public liability insurer as part of your total compensation claim.

The assistance available to you will depend on the type of compensation claim you have. Some options which may be available are as follows:

We understand the financial difficulties faced by our clients during this period and have experienced lawyers and advanced systems and technology so that we can progress your compensation claim as quickly as possible and get you through this difficult time.

Depending on your situation, you may be able to claim for the following types of damages in your compensation claim:

The compensation you are able to claim will depend on how well you recover from your injuries and the impact that your injuries end up having on your ability to work and return to other day to day activities. For this reason, we cannot provide you with specific advice about the value of your claim until after your injuries have stabilised (usually about 12 months post injury) and you have been assessed by independent medico-legal practitioners as part of your claim.