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Personal Injury - Frequently Asked Questions

1. How does Winn Legal charge fees for personal injury claims?

2. When does "No Win No Charge" apply?

3. If I was injured in a car accident why can't I just sue the driver who was at fault?

4. What are the "No fault" benefits?

5. How soon do I have to make a TAC claim?

6. How do I make a TAC claim?

7. Can I make a TAC claim if I don't know who the other driver was?

 

1. How does Winn Legal charge fees for personal injury claims?

 Winn Legal has a 'no win, no charge' policy which means that we do not charge our professional fees if your claim is unsuccessful. We consider 'success' as meaning that you must recover a financial benefit from your claim. We base our costs agreements and Disclosure statements closely upon those published by the Law Institute of Victoria and we strive to comply and exceed the rules of disclosure about how those costs are calculated. It is of considerable benefit to our clients that we are a specialist personal injury law practice so that our predictions as to cost and party/party cost recovery are reliable and we reinforce that skill by engaging at our own expense independent cost assessments of all our work in common law and litigation files.

 

2. When does "No Win No Charge" apply?

 Winn Legal's 'no win, no charge' policy does not extend to disbursements which are the primary responsibility of our clients. the term 'disbursements' refers to items we have to pay to third parties such as the courts for issuing fees and doctors for medical reports. In this regard we are sensitive to the ability of our clients to fund disbursements, offering a range of payment options and encouraging clients entering into significant litigation to apply for Law Aid, a disbursement funding scheme supported by the Law Institute of Victoria. In TAC and WorkCover claims there are also entitlements to recover some of these costs during the claims process but it is important to obtain legal advice before commissioning such reports so as to maximise the opportunity to obtain reimbursement of their cost from your insurer at the appropriate times in your claim. For clients in receipt of a pension there is an entitlement to claim a reduction in cost when applying for medical records and radiology reports through the Freedom of Information process.

 

3. If I was injured in a car accident why can't I just sue the driver who was at fault?

The Transport Accident Act (1986) governs your rights to sue for personal injury as a result of a transport accident. It greatly limits your entitlement to bring a claim for common law damages when another party was at fault unless you can demonstrate that you were 'seriously injured' and/or your combined injuries meet a 30% permanent impairment threshold. In many instances it may be some time before the likelihood of your meeting that threshold can be ascertained as it is determined at the point that your injuries have 'stabilised' which for many people may be in the 1-2 years after they suffered injury.

 

4. What are the "No fault" benefits?

A more immediately helpful aspect of the Transport Accident Act is that it offers a range of 'no fault' benefits which include a range of medical and like expenses, loss of earnings benefits and a no fault lump sum based upon the assessment of permanent impairment when a claimant's injuries have 'stabilised'. You do not need to prove that anyone caused your accident to be entitled to make a claim for the 'no fault' benefits that the Act provides and for many TAC claimants being able to access those entitlements is what they need most to get back to their pre-accident lifestyle and to work.

 

5. How soon do I have to make a TAC claim?

Ideally you should make a claim as soon as possible after an accident. That said, you have a year to make a claim by calling Transport Accident Commission TAC. If you make a claim between the 1st and 3rd year anniversary of your accident you will have to provide a written explanation of why it is that you did not make a claim earlier. If you ahve not made a claim within 3 years of your accident you will not be entitled to make a claim at all.

 

6. How do I make a TAC claim?

 You should contact TAC and you should select the prompts that put you through to the new claims department. You should answer as many questions as possible during that call, but you should not take legal advice from the call centre about your claim and whether it might be successful. The claim form with some of your information will be sent to you and you must check it very carefully before signing and returning it. Ideally you should seek legal advice at this time before returning the form and Winn Legal is always happy to advise our clients before they sign and return their claim forms.

 

7. Can I make a TAC claim if I don't know who the other driver was?

 If I was injured at work why can't I just sue my employer? The Accident Compensation Act (1984) governs your right to sue your employer at common law for injuries incurred as the result of negligence, which may include conduct such as ommission and a failure to offer a safe system of work.