We will progress your injury claim as quickly as we can. Our priority is to get you the best possible outcome. We know from experience that it is important to be careful and that rushing the process can leave you short. We will never encourage you to settle your claim quickly or at an early stage, for less than what your claim is worth. We would never encourage you to take less than what you are entitled to. We know that your first offer is not necessarily the best offer and we will press on until we get you your best possible result.
Every case is different so we don’t do the same thing in every situation. We do what is best for you and your situation. We are strategic to get you the best possible outcome. We work on your injury claim with a team of people who are experienced in personal injury law. This team is led by Ivan Baxter and his 'more than 25 years' of experience. The team is comprised of Ivan, Edward Mark (lawyer), Shelleigh Naessens (para-legal), a barrister, legal secretaries, expert witnesses, doctors and other health professionals. We all work together to advance your injury claim to obtain the best outcome for you.
A compensation or injury claim is called a 'negligence' claim. Negligence must be established for an injury, damages, or compensation claim to succeed. This means we need to establish that someone owed you a duty of care that was breached, and that the injury you suffered is a direct result of that breach. A breach can be something that was done that shouldn’t have been; or something that should have been done, that wasn’t. There is a lot of case law (decisions made by Judges) and legislation that guides us in figuring out whether in your situation, a duty of care exists. The law also guides us about the standard of care that is owed in various situations and whether that has been met. Negligence is an interesting, complicated and evolving area of law. There are many critical time limits that apply to making a claim so we advise seeing a lawyer as soon as possible. Keeping up to date on the law and court procedures is something we take very seriously. To you, the process usually looks a little like this:
Call us and speak to Ivan.
Make an appointment to meet Ivan at our office or at your place.
We listens to your story and advise you about a possible claim.
If you engage us as your lawyer we give you a firm estimate of costs and likely outcome. No fees are payable until the settlement and only if your claim is successful.
We start by drafting and lodging various documents to commence and build your case. You will see Doctors for medico legal examinations so that reports can be made. (Sometimes other reports are obtained.) There will a number of appointments with Ivan as the matter progresses and gets closer to a negotiation stage. Ivan will be talking with your barrister and various expert witnesses.
Compulsory negotiations commence and a compulsory exchange of offers is made.
You,attend a compulsory conference with Ivan and your barrister.
If your matter settles at the compulsory conference/negotiation stage, your matter completes when settlement money is received.
If your matter doesn’t settle at the compulsory conference/negotiation stage, we prepare for a more formal compulsory mediation conference. If this does not settle, we then prepare for your matter to be heard by a Judge in Court. A determination of negligence and an order for damages is made by a judge. Your matter then completes when settlement money is received.
How long does this take?
The length of time that it takes to finalise your accident claim depends upon many factors including whether you require further surgery and how long it takes for your injuries to stabilise. For our part, we will ensure that your claim is bought to completion as quickly as possible and for the best possible result. We understand that making a claim is stressful and there are times when you may feel scrutinised as you substantiate your injuries with medical experts and others involved in this process. It can be a difficult and ‘all-consuming’ process where the future can feel quite uncertain. We do everything we can to help. We try to support and walk alongside you to manage and progress your claim efficiently through to settlement so that you can put your injury behind you and move forward with the rest of your life.