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Compensation

NO WIN NO FEE

O'Shea & Dyer, injury claim lawyers in Townsville, are here to help you.

Compensation claims, also know as personal injury claims, arise in many situations but commonly where there has been a work accident, a traffic accident, or a motor vehicle accident.

Suffering an injury that leaves you changed can be the most challenging and difficult experience of your life. As personal injury lawyers in Townsville, we understand how devastating the effects can be for you and your loved ones. We want to walk alongside you in the transition to a new start in life where you can put your injury behind you and move forward with the rest of your life. A life that is positive and comfortable.

Time Limits apply in all areas of compensation law so it is very important that you contact and speak with a lawyer promptly, so that your legal rights are preserved.


Do you have a claim?

People who suffer a physical or psychological injury due to the actions or negligence of someone else can seek compensation in a ‘personal injury’ claim. Ivan Baxter has a passion to help people in this situation. He is an experienced lawyer who has handled many personal injury compensation claims and common law claims for people in Townsville and Queensland, over the past 25 years. He is assisted by Shelleigh Naessens who has worked with Ivan as a para-legal in compensation law for nearly 20 years. Ivan and Shelleigh are experienced, kind, compassionate, trustworthy people who know what they are doing. They provide the most excellent legal representation. Their experience and personal service are second to none. They are always available to give personal service and speak with you face to face or over the phone. Ivan and Shelleigh understand that while things may never be quite the same for you, compensation is vitally important to your future enjoyment of life. They want to do their very best for you to ensure you get as much compensation as possible.

A personal injury or compensation claim may arise from:

  • A workplace accident
  • A motor vehicle/traffic accident
  • An accident in a public place: parks, sporting/recreation grounds, local council property, pubs, clubs, hotels, supermarkets, shopping centres, and many other places.
  • Medical negligence
  • Negligent or ‘bad’ advice from a professional
  • A faulty product
  • A mining accident
  • Health problems cause by asbestos
  • A physical assault or some other form of abuse.

Additional financial benefits may arise from an injury:

      -    TPD and Superannuation Claim

If you are seriously injured in a motor vehicle accident, at work or elsewhere, or if you develop a serious illness or disease, you may be entitled to pursue an insurance claim. You may have a TPD (Total of Permanent Disability) insurance claim associated with your superannuation policy or another insurance policy you may have that covers your circumstances.

Many people have a superannuation policy that includes insurance for you in the event that you have a Total Permanent Disability (TPD) or illness. Often, people don’t realise they have insurance for this. If you have this cover in your super policy, a TPD payment can be pursued from your superannuation insurance provider, to help you move forward in comfort.

You would usually qualify for this payment if you suffer from a TPD or illness. It doesn't matter how your injury came about.  Many people on Workers Compensation or a Centre link Disability Support Pension can claim a TPD payment. People who suffer an unexpected illness that prevents them from working can often make a claim too.

There can be a lot of confusing fine print involved in determining an insurance entitlement so it’s a good idea to have an experienced lawyer do this for you. If you are looking for a superannuation TPD lawyer in Townsville, we are here to help you.


Fees

We are NO WIN NO FEE lawyers and represent compensation claim clients on this basis. In your first appointment Ivan Baxter will listen to your story to find out what has happened and how you were affected. He can then carefully determine whether you have a successful injury claim or compensation claim or an entitlement to a Superannuation TPD claim. These matters can be complicated and it is highly beneficial to have a lawyer who knows what they are doing. Experience is a real advantage in this area of law. Depending on your situation, Ivan can discuss with you the possibility of a common law claim, a workers compensation claim, motor vehicle accident claim, or a work injury claim and what to do moving forward in order to progress towards settlement. He will give you a solid fee estimate and if you engage us as your legal representative, we defer payment of our fees and expenses* associated with progressing your claim until the settlement of your claim, when you receive your claim money. Most of our clients are not in a position to pay for medical and expert reports that are necessary for the progression of their claim. These are covered for you and are paid at the end of your matter along with other expenses.

If your claim is unsuccessful, we will not seek reimbursement of any fees or expenses.

Our professional fees are very reasonable and in accordance with an agreement we enter into with you. Everything is explained and discussed. We have hourly rates which are very reasonable. We recommend you check out the rates of other lawyers before you sign any agreements to engage a lawyer. You may find a big difference in hourly rates. Ivan is a very experienced personal injury lawyer. The advantage of experience is twofold; you get the benefit of him not needing to spend the time that a less experienced lawyer would need to spend on your matter; and you have someone working for you who really knows what they are doing, who is strategic and knowledgeable.

Our fees are never calculated by a percentage of your claim. We will give you a formal estimate and discuss this with you fully at the beginning and throughout your matter. Ivan has worked in this area for many years and can give you a realistic appraisal of costs. There are always ‘unknown factors and expenses’. Many professionals (doctors, expert witnesses, barristers) charge for their time too. And sometimes, the ‘other side’ may be defending in such a way that good strategy may require more or different strategy from us. There are many people involved and many hours, weeks and months of work that go into a compensation claim. Ivan often charges less than the time we spend on claims as it is a priority to him that people retain as much of their settlement money as possible.

If you are looking for no win no fee lawyers in Townsville, and the advantage of experience in your accident claim, please give us a call.

*There are also occasions where some of your costs are paid by ‘the other side’.

*Our fees or ‘professional fees’ is the amount we charge for time spent working on your claim.

*Expenses are outlays needed to progress your claim and they include things like doctors reports, expert reports and court fees. These can add up to thousands of dollars. We only incur these costs if it is necessary for your claim and to get you the best outcome. We engage an external company to cover the costs of these items. This company charges you a fee to do this. This fee is paid at the end of your matter when you receive your settlement money.


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The Process

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.


We can Help

We have a large number of compensation/personal injury clients and nearly all of them have been referred to us by past or existing clients who trusted us and recommended us to their friends or loved ones. We always give our best to ensure that people receive excellent care, service and results. When we have past clients recommend us, we feel like we are getting this right.

There are many decisions you need to make through this process, so you need to know you are getting advice from someone you can trust who is experienced and has your best interests at heart. We hate hearing about people who have been charged exorbitant fees for compensation claims. We hate hearing about people settling their claim too early and not getting the amount of compensation they should have. 

Most people come to us at ‘the beginning’ not long after their injury has occurred and before making any type of claim. Sometimes people come to us after having an unsatisfactory experience with a lawyer and we continue the claim. Some people make an appointment to see us part way through a claim in order to get a second opinion or fresh eyes on their situation. Sometimes we recommend they stay with their lawyer and sometimes people choose to engage us to continue their claim through to settlement.

We want people to know we are reasonable with our fees; are here to help you; and that what has happened to you, matters to us. While things may never be quite the same, we want to help you in the transition to a new start in life where you can put your injury behind you and move forward with the rest of your life. We want to help make your life positive and comfortable.

If you are looking for an experienced personal injury lawyer in Townsville, please call us to make an appointment.


Some info about Motor Vehicle Accident Claims

These arise where you have been in a motor vehicle accident which was caused by someone else or by the driver of a car in which you were a passenger. These claims are made against the compulsory third party insurer of the other motor vehicle or the compulsory third party insurer of the car in which you were a passenger. You can also pursue a motor vehicle claim where the other vehicle leaves the scene or cannot be identified.

If you have had a motor vehicle accident and have suffered an injury and are looking for a motor vehicle accident lawyer in Townsville, please call us. We want to help you. It is important that you know there are time limits that apply to making claims, so you should obtain legal advice as soon as possible.

 Claims can be made by:

  • The driver or passenger injured in a motor vehicle accident.
  • Cyclists, pedestrians.
  • A dependant of a person who dies in a motor vehicle accident.

Compensation can include money for past and future medical expenses, rehabilitation and pharmaceutical expenses, loss of income, care and assistance, pain and suffering and loss of enjoyment of life.


Some info about Work Injury or Workers Compensation Claims

A work accident claim may arise when you have suffered an injury at work that is due entirely or in part to the employer failing to provide a safe system of work. A work injury claim is made against the employer’s insurer, which is usually WorkCover Queensland.

If you suffer an injury at work it is important that you obtain legal advice as quickly as possible as time limits apply.

Work injuries can include:

  • Injuries that occur while travelling on your way to/from work or while working.
  • Injuries that occur at work
  • Diseases caused by your work.

If you are hurt at work, you are immediately able to lodge a claim for workers compensation with WorkCover Queensland. This is sometimes referred to as a'workers compensation claim'. This usually results in WorkCover paying your wages and your medical treatment expenses for a period of time while you are unable to work due to your injuries. If you do not completely recover from your injuries and are left with a permanent impairment, WorkCover will offer you a lump sum payment. It is essential you obtain legal advice before accepting any lump sum payment as this can preclude you from pursing a common law claim for damages against your employer.

In addition to a WorkCover claim,  you may also sue for damages. This is referred to as a ‘common law claim’. There are a number of steps involved in this process, but your damages or compensation claim can include money for past and future medical expenses, rehabilitation and pharmaceutical expenses, loss of income, care and assistance, pain and suffering and loss of enjoyment of life.


Some info about Accident Claims or Public Liability Claims

These arise when you have an accident on a public or private property and the owner has not taken reasonable care for your safety. Public Liability claims can include:

  • ‘Slip and fall’ injuries
  • Accidents at public or private property
  • Animal attacks
  • Recreational and sporting injuries
  • Defective product claims

Compensation can include money for past and future medical expenses, rehabilitation and pharmaceutical expenses, loss of income, care and assistance, pain and suffering and loss of enjoyment of life. 


If you are looking for an experienced personal injury lawyer in Townsville to discuss questions you may have about a possible injury claim or Superannuation TPD claim, please call or make an appointment to come in and see us free of charge.

Please phone 4772 5155 and ask to speak to Ivan Baxter, Edward Mark or Shelleigh Naessens

Ivan Baxter

EMAIL Ivan

Edward Mark

email Edward

Shelleigh Naessens

Email Shelleigh


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