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Do I have a Case?

Do I have a Case?

Article by Personal Injury Lawyer and Director of O'Shea Dyer Solicitors, Ivan Baxter.

August, 2022

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Ivan Baxter is a Townsville lawyer with over 30 years experience. He is the Director of OSheaDyer Solicitors Townsville and practices exclusively in Litigation, managing compensation claims.


People should definitely speak with an experienced compensation lawyer to find out if they have a case or a potential compensation claim.

Often people know they do. And surprisingly – often – people don’t.

In a case where you have been in a traffic accident and you have been hurt – if someone ran into you and it wasn’t your fault – you will definitely have a case.

If you have had an accident at work and sustained an injury – you may well have a claim.

There are lots of things to consider…

There are lots of situations where people have claims.

From a legal perspective – having a case or a claim – is based on you suffering some kind of injury due to someone else being negligent or breaching a duty of care owed to you.

There are many situations where it isn’t obvious that you have a case. That is why it is good to see an experienced lawyer. I can’t stress enough the importance of seeing an experienced lawyer. And by that, I mean a lawyer who practices exclusively in personal injuries or compensation law who will spend plenty of time with you, ask a lot of questions and listen carefully to you about what happened.

Lots of personal injury lawyers will give you a free case assessment and/or a free second opinion for that matter.

There are websites with ‘claim checkers’ on them. Honestly, these don’t really provide reliable or accurate information. They are really just lead generation marketing tools to get you to contact that firm.

I dare say there are a number of experienced personal injury lawyers who have had people come to see them for a second opinion – as the first lawyer they saw told them there was nothing they could do. Usually, people have good instincts that they have been wronged and can do something about it. I would encourage people to follow those instincts and find a lawyer who will listen and ask questions to really explore the possibility of a claim.

There are lots of people who have been hurt who don’t think they have a claim. If you have been hurt – you should be seeing a lawyer to make sure.

If my car is making a strange noise – I may think it’s not a big deal – but I’d go and get it checked out. If you have suffered an injury and you are not sure – get some advice from an experienced personal injury lawyer about your situation.

And of course – there are also time limits to bringing a case.

In most cases, you have only 3 years from the date of your injury to bring a case. In certain circumstances, you have far less time. If you are out of time (so it’s been more than 3 years since your accident and injury) – you may still have a case – so it’s important to see a lawyer as soon as possible.


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O'Shea Dyer Compensation Team

When you choose O’Shea Dyer as your Compensation lawyer, you have a team of experienced legal professionals, led by Ivan Baxter, Tyla Leo and Bridget Barrie working on your case.



Ivan Baxter


Personal Injury Lawyer

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Tyla Leo

Senior Associate

Personal Injury Lawyer

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Bridget Barrie


Personal Injury Lawyer

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