Frequently Asked Questions

These days claims procedures (including those that go to court) are very streamlined and are all designed with early resolution in mind, but they can take time because it is sensible to wait until your condition has reached a stable position before assessing an appropriate amount of compensation. This is to avoid any subsequent worsening in your condition going uncompensated.

In general, we are looking for a point of stability where the condition is not going to get much better or much worse.  It is only then that we can obtain, based on appropriate expertise, some sort of reasonable projection of what is likely to happen in future and to ensure as far as possible that you are properly compensated.

In some injuries this point of stability will occur very quickly, but for other more serious injuries, it may be some time before it can be said to be stable.  For example, even in the case of a minor head injury it can be at least 12 months before a neurosurgeon or neuropsychologist is prepared to form a view about what the likely prognosis of the injury is.

A perfectly good one. Generally speaking, the size and sophistication of the company your claim is brought against plays no role in the progress and outcome of the claim.  The companies against whom we bring claims are insured, and in the case of workplace and motor vehicle accidents, it is compulsory for employers and all vehicles to be insured. 

The insurers who handle claims obviously have significant financial resources, but because of the internal and external rules under which they operate, it is difficult for them to defend a claim unless it makes financial sense for them to do so. This combined with our No Win No Fee terms ensures that as far as possible there is a level playing field.

Not at Turner Freeman. Firstly, special legislation has been introduced that prevents lawyers from charging professional fees in excess of 50% of the recovered compensation. We at Turner Freeman in fact think that 50% is too generous to lawyers, and we have decreased the limit in all of our costs agreements to 30%.

It should be stressed that we do not even charge 30% of the claim in every case. The 30% figure is just to ensure that when only a relatively small amount of compensation is recovered, our client receives most of it, whatever our costs are.

Quite possibly. A three-year time limit generally applies to all claims in Queensland (excluding asbestos and other dust-related diseases). The general rule is that where this time has expired, you can no longer make a claim for the injury.

In this situation, the client may however be able to seek an extension of the limitation period.  This extension can be obtained where the three-year period has expired but you only recently have discovered something significant about your injury that you did not know before (e.g. how the injury was caused, or the significance of the injury).

For example, let us say that someone sustains an ankle injury at work. The ankle injury is causing a significant amount of pain but it is thought to be a strain, and after some conservative treatment, the worker returns to work.  They continue at work for the next three years and the limitation period expires. They then notice significant increasing pain in their ankle. Scans reveal a fracture of the ankle that was not discovered at the time of the initial injury.  The fracture requires significant treatment including a fusion, which will put the worker out of employment. These circumstances, which are from an actual case we have handled, would form a clear basis for obtaining an extension of limitation periods.

Finding a basis for extending the limitation period is a matter of careful analysis by expert lawyers. Just because a three-year period has passed, you should never assume that you have no claim.  Seek advice to ensure that you are fully aware of your rights.

You might. In most cases of any significance, we do tend to brief a barrister. The usual initial contact with a barrister is when we are holding a settlement conference in your case. We usually have a barrister attend at the conference and conduct the negotiations.

Obtaining a barrister in these circumstances is good practice because it allows a “second pair of eyes” to review the case and ensure that the best possible case is being put forward on your behalf. In many cases, the barrister’s fee will be recovered from the insurer.

Usually, only with claims for work-related injury. In claims for motor vehicle injuries, the insurer is required to make a contribution to costs on top of any compensation recovered, which significantly reduces the impact of costs on our clients’ “in hand” amount. 

Costs have a greater impact in the case of WorkCover claims, but this is all the more reason why clients welcome the security of the 30% limit in our costs agreement.

We will keep you fully informed. Firstly, our costs agreement will contain an estimate of the total costs likely to be incurred in your claim. Generally, our costs will accord with these estimates, unless unforeseen circumstances arise.

Before any negotiations take place in your case, we will provide you with comprehensive advice about how we think a negotiation might turn out, how much you will receive in hand, and how much our total costs are.

This way, you will know in advance before any negotiations occur on your behalf what you are likely to receive from any given outcome. The important thing here is that you understand what you will receive in hand after all costs and other refunds are paid, as ultimately it is what you actually receive that is the most important outcome of your matter.