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Personal Law

O'SHEA & DYER ARE INJURY CLAIM LAWYERS IN TOWNSVILLE

WE OFFER OUR SERVICES ON A 'NO WIN NO FEE' BASIS 

Regulations in Queensland provide that only certain information regarding personal injury or compensation claims can be published on a law firm's Website. If you would like detailed information regarding our services in this area, we would love to meet with you to provide more information.

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.

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.

An Injury or Compensation Claim may arise in the following situations:

  • 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.

Sometimes there are additional financial benefits that may arise from an injury and you may have a payout from a total and permanent disability (TPD) 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. A claim arises is you suffer a total and permanent disability or illness.  It doesn't matter how your injury or illness came about. You may have a TPD (Total or 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.

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. 


FEES                                             - NO WIN NO FEE -

We are NO WIN NO FEE lawyers who represent compensation claim clients on this basis.

In your first appointment we listen to your story to find out what has happened and how you were affected. We can then carefully determine whether you have a successful injury claim or compensation claim or an entitlement to a Superannuation TPD claim. Depending on your situation, we 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 a settlement.

When we take on a case on a NO WIN NO FEE basis, it means there are no fees to be paid unless you win your claim, and that we will defer payment of our fees and expenses* associated with your claim until you receive your claim money. Most people who are injured or ill, are not in a position to pay for a lawyer or medical and expert reports that are necessary for the progression of their claim. 

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

We will give you a solid estimation of what the fees will be. 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. It is a priority to us that people retain as much of their settlement money as possible.

Our fees are never calculated as 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. There are always ‘unknown factors and expenses’ in a claim as 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. 

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*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.


The Process

The priority is to obtain the best possible outcome.  It is important to be careful. Rushing the process can leave you short. Settling quickly or at an early stage could result in a lower claim. The first offer is not necessarily the best offe. Sometimes the matter needs to press on until the best possible result is obtained.

Every case is different and different approaches work better in different situations. Strategy, experience and good team work are important to obtaining a great result.

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 and judges 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.

To you, the process usually looks a little like this:

Call us to make an appointment to meet at our office or at your place.

We listen 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 unless your claim is successful. Our fees are reasonable.

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. - eg. engineers, etc.) There will a number of appointments with us as the matter progresses and gets closer to a negotiation stage. A barristers is engaged for you and expert witnesses will be consulted.

Compulsory negotiations commence and a compulsory exchange of offers is made.

You attend a compulsory conference with us 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.

The length of time that it takes to finalise an accident claim depends upon many factors including whether  further surgery is necessary and how long it takes for injuries to stabilise. If negotiation and mediation result in a settlement and a court case is avoided, the time will be much shorter and the fees are much less. These are all things a lawyer will discuss with you.


Some info about Motor Vehicle Accident Claims

MOTOR VEHICLE ACCIDENT CLAIMS pdf


Some info about Work Injury or Workers Compensation Claims

Work Injury or Workers Compensation Claim pdf


Some info about Accident Claims or Public Liability Claims

ACCIDENT CLAIMS OR PUBLIC LIABILITY CLAIMS PDF


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 email to 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.

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