Frequently Asked Questions - FAQ's
Main Lawyers FAQ's
Personal Injury FAQ's
Workers Compensation FAQ's
Car Accident FAQ's
Medical Negligence FAQ's
Main Lawyers Frequently Asked Questions
What areas do you service and can you travel to my location?
Our main office is based in Coolangatta though if you are unable to meet us here, we can meet you at work or at home in the Gold Coast, Tweed Heads or Brisbane.
Are you based in the greater Northern NSW or Gold Coast regions? Our Principal lawyer, Lachlan Main, may still be able to travel to your location. Contact us on 1800 314 761 to find out more.
Who will be handling your case?
At Main Lawyers, we guarantee that you will always know exactly who is working on your case. Our Principal lawyer, Lachlan Main is personally involved in every case and he will arrange to speak with you in your free consultation so that we can find the best way to help you win your case.
You can rest assured that your case will not be handed over to junior staff and that every action we take on your case is to help get you the compensation you deserve faster.
Personal Injury Frequently Asked Questions
Are there time limits affecting whether I can make a claim?
Yes, there are strict time frames (we call these limitation dates).
It is always best to seek legal advice from expert personal injury and insurance lawyers as early as possible to make sure you’re meeting all these limitation dates.
Can I make a personal injury claim?
Every case is different.
In general, if you have suffered injuries at work, in a car accident or other motor vehicle accident, in a public place or after seeking medical assistance and the injuries are a result of negligence, you might be able to make a claim.
Depending on your situation, being injured or having an accident may not be enough grounds on their own to make a claim. You may need to prove that somebody was negligent which can often be a complex task.
If you’re unsure whether you have grounds to make a claim, our personal injury lawyers are experts in this matter and can help. You can book a free consultation to find out where you stand and if you’re entitled to receive compensation.
Can I still get compensation if your insurance claim has been rejected?
In some cases, yes.
We can advise you of different courses of action available to you if your insurer had rejected your initial claim request.
Some courses of action include deciding to appeal to a court or tribunal by lodging a complaint to the Financial Ombudsman Service (FOS), the Superannuation Complaints Tribunal (SCT) or taking your case directly to court.
We can help and advise you no matter what course of action you choose to take.
How long does the claims process take?
Personal injury and insurance claims processes vary depending on the type of claim and how complex the situation is.
It is always better to seek legal assistance from expert personal injury lawyers as early as possible and to make sure you’re meeting all the deadlines to help your case proceed faster.
Motor vehicle, property, business and other general insurance claims, can take between 1-3 months on average. Superannuation and life insurance claims (including TPD, income protection and death benefits) usually take as long as 6-12 months.
Personal injury claims vary depending on the extent and stability of injuries. It can take as long as 12-18 months to obtain the necessary evidence and medical reports needed for your claim before you can reach the compulsory conference.
Having said that, there are indeed processes and timeframes that can make this process faster and help you access compensation sooner. The time frame does depend on how stable your injuries are and how soon you’d need medical attention, that’s why every case is different and we can provide you an estimated time frame in your initial consultation with us.
How much will it cost to make a personal injury or insurance claim?
There is no general answer we can provide here. The costs of your claim will depend on the extent of injuries and damages sustained.
For personal injury claims, the costs will be affected by the number of specialists involved and the medical assessments that would be needed before the compulsory conference can take place. In some instances, Workcover or insurance may assist with associated injury costs.
For insurance claims, the costs will depend on the course of action you choose to take. If you submit a claim to your insurer and it is rejected, you may still be able to win and we can advise you of the best actions to proceed with.
In any case, it is always best to chat with us and we can help you assess your case and the overall costs to make a claim. Book a free consultation and speak with our Principal lawyer.
Will I end up in a courtroom?
Not necessarily. In general, less than 2% of personal injury cases end up before a judge in a courtroom. Insurance claims cases vary significantly and we’d be better able to advise you of the process once we understand the specifics of your case.
It is likely that your claims process will involve a pre-court procedure that both parties must comply with before matters are taken to court. This process may involve you seeing a number of medical professionals (in personal injury claims cases) or obtaining different types of documents to support your case.
Once you’ve got all the necessary evidence to proceed with your claim, you will need to attend a conference including the other party. With a trusted lawyer by your side, you probably won’t need to speak at all, we’d take care of that for you.
More than 50% of personal injury matters settle at this compulsory conference. If your claims and requests are reasonable and the other party makes a fair and reasonable assessment of the claim, it is likely your case might also settle in this phase. This means you won’t need to go to court.
As with anything in life, if the two sides cannot agree on the evidence before them, a judge’s intervention might be sought and court proceedings begin.
Workers Compensation/ WorkCover Frequently Asked Questions
What is workers’ compensation?
Workers’ compensation is a kind of insurance that can help you out if you’re sick or injured in the workplace. It is a legal requirement for all employers in Australia to be covered with insurance for their workers in case they get injured or ill at work. Workers’ compensation can help pay for some of your income while you recover, as well as your medical bills and rehabilitation costs.
Who is eligible for workers’ compensation?
A ‘worker’ is usually a person (not a business, partnership or trust) who works under a ‘contract of service’ between an employer and an employee. Some common workers include PAYG employees, apprentices, labourers and trainees. If you work as an employee then you should be protected by Workers compensation.
Can I make a workers’ compensation claim if I am self-employed or a contractor?
If you’re a sole trader or a contractor, generally workers compensation laws usually don’t cover you. This means you may need to get your own insurance cover – like personal injury insurance – to look after yourself if you get injured at your own workplace.
But sometimes a sole trader might not really be an independent contractor, even if you have an ABN and work as a contractor you may be considered an employee. For example, you might work regular hours each week for an hourly wage, and not be able to give the work to someone else. In this case, you might actually be classed as an employee and have the same rights as one.
How long does it take to receive compensation after making a claim?
Several things can affect how long it takes to get compensation after making a claim, such as how bad your injury is, how complicated your claim is, and whether your employer or insurer agrees or disagrees with your claim.
In Queensland, WorkSafe will look at your claim and decide within 20 working days of getting it. If your claim is approved, you will begin getting compensation payments for your missed income and medical costs.
Motor Vehicle Accident Frequently Asked Questions
What should I do immediately after a car accident in Queensland?
If you’re in a car accident with another motor vehicle, you must give your details to the other driver and get their details. If you hit a car that is unoccupied – such as a parked car – leave a note with your details on the windscreen. You should also ask the other driver for the following details after a car accident (and give your details to them):
- Their name, address and phone number
- Their vehicle’s make, model and registration
- Their insurance details.
- Ensure to record the accident’s date, time and location, and explain how the accident happened.
Can I make a car accident compensation claim if I was a passenger in the vehicle?
You have the right to claim compensation for your injuries if you have been hurt in a car accident as a passenger because of someone else’s negligence – even if you were in the car that caused the accident.
Can I make a car accident compensation claim if the other driver was uninsured or unidentified?
It is illegal to drive a motor vehicle without comprehensive third-party (CTP) insurance. This is against the law. So even if you only have their number plate, you should be able to claim against the other driver’s CTP for injuries you have suffered.
If the other vehicle is unregistered or uninsured, you still might be able to make a claim. In Queensland, there is a special fund to protect drivers in this situation, and you might be able to claim compensation from this fund.
If the other driver is unidentified then take down as many details as possible like car make & model, number plate, etc. This can help when making a claim.
Can I make a car accident compensation claim if I was a pedestrian or cyclist involved in the accident?
E-scooters, Bicycles & e-bikes can use shared pathways, bike-only pathways, some roads and local streets. They can go up to 25 km/hr, which can cause crashes with cars, pedestrians, poles and other riders. If you get hurt while riding a bicycle, scooter or as a pedestrian you may be able to make a claim. Contact a legal professional to know your full rights.
What should I do if the other driver’s insurance company denies my car accident compensation claim?
You have some options to dispute their decision if the other driver’s insurance company rejects your car accident compensation claim. By speaking to a qualified lawyer you may still be able to gain compensation for a denied claim.
Medical Negligence Frequently Asked Questions
What is medical negligence?
Medical negligence is when a medical professional actions cause harm to a patient or causes them loss by not taking reasonable care. This could happen in a hospital, GP clinic, aged care facility or any other place where you might get treatment from a medical specialist.
How do I know if I have a medical negligence claim?
To show that medical negligence has happened, you must prove that:
The medical professional did not act as another skilled medical professional would in the same situation
The action caused harm, loss or a worsening of an existing condition.
This ‘causation’ is essential in showing medical negligence. Showing that the professional had a duty of care is not enough on it’s own – you must show that the injury or harm would not have happened if they had not been negligent. In other words, your injuries were caused directly by their action.
How long do I have to make a medical negligence claim?
You have three years from the date you found out or should have found out that the medical professional was negligent and caused your injury or harm to make a medical negligence claim in Queensland. This means that you have to start legal proceedings in court within three years of finding out the negligence, or else you will lose your right to claim.
What evidence do I need to provide to make a medical negligence claim?
The first important step in a medical negligence claim is to write down everything you know and can recall about the treatment that caused your injury or harm. This includes:
any documents you agreed to
tests and medicine prescriptions given
conversations you had with the professional
the action that you felt caused your injury or loss.
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