The are many reasons why someone might wish to represent themselves in their personal injury claim rather than engaging a lawyer. Despite a lawyer's primary duty to act in the best interests of the client, there is sometimes mistrust and a fear that the lawyer may overcharge for their services. When it comes to personal injury claims, that fear shouldn't be a major concern considering the 50/50 rule which applies to all No Win No Fee law firms in
But an injured victim may feel that even without a lawyer a judge will hear them, understand them, and award them with the appropriate amount of compensation for their injuries - especially in circumstances where the at-fault party admitted liability.
Unfortunately, that expectation was not realised by Mr
Case Report -
On the surface, having liability admitted may have provided a comfort to
The court reported that
The Judge said that
-
was often argumentative;
- seemed to be offended by having to prove his claim for damages;
- disputed the relevance of many of the defendant barrister's questions;
- accused
Allianz of treating him unfairly; - disputed the accuracy of various things which were recorded in the tendered medical reports;
- denied suffering from schizophrenia despite evidence showing he had unfortunately suffered the disorder since 1995; and
- told the court that at the time of the accident, he was working three jobs and earned around
$2,000 /wk despite having no proof of this work, and telling a psychiatrist under a prior examination that he had not worked since around the time of his diagnosis in 1995. - "seeing doctors every month for the last seven years", and
- his time away from jobsites.
The Judge explained to
Case Citation: Crane v
Evidence
At a trial, evidence is required to substantiate any claim - no matter how obvious the injuries may be to the injured person. Identifying and preparing the right evidence is absolutely critical.
Remarkably to the Judge,
As part of
-
the costs of catching taxis "to get somewhere"
However, because his general assertions were not particularised or supported by any tendered documentation, the Judge rejected his claim for costs.
There was no evidence of any other losses.
On the other hand, the defendant submitted two expert medical reports which went unchecked by
Outcome
The only aspect of
However, the Judge also ordered
Judges can order plaintiff's to pay defendant's legal costs in particular circumstances where a defendant makes a reasonable offer to the plaintiff to avoid the need for a trial, but the plaintiff rejected it - causing both parties further unnecessary time and expense.
If you are self-represented, you do not have the benefit of being provided legal advice about the reasonableness of offers which are presented to you, and the financial risk you face by forcing a trial.
Overall,
(It is not clear whether
Is it worth hiring a personal injury lawyer?
Other than the reasons contained in this article, statistics show that engaging a personal injury lawyer will result in higher compensation. Data published by the
Even after accounting for legal fees, you are going to be much better off for having engaged a personal injury lawyer to represent you to prepare your case properly, with all the appropriate evidence required to maximise your entitlements. See our blog for actual pay out results for our clients.
Once a claim for personal injuries is settled, you cannot make a second claim for the same injury (or any injury arising out of the same incident) down the track - so it is important to do it right the first time.
In the circumstances of
A personal injury lawyer is typically able to progress your matter in a much more timely fashion than would be possible if self-representing. Resolving the dispute and moving on with your life is often a key part of your recovery.
Making a Claim for Personal Injuries
If you are thinking about making a legal claim for personal injuries resulting from a motor vehicle accident, workplace accident, or any other type of incident, consider taking a free claim check with one of the lawyers at Roche Legal to get an idea of what you may be owed.
Roche Legal are expert workplace injury lawyers who operate on a No Win No Fee basis.
Roche Legal
Level 19/
4000
Tel: 1300335 334
URL: rochelegal.com.au
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