FAQ
We cover some of the most commonly asked questions here. Get the answers you’re looking for most.
How much compensation will I receive from my claim?
Every claim is highly individual, and at Marocchi Law, we ensure every claim is managed in a manner which emphasise what is most important to our client’s.
There are various heads of damages which may be available to claimants, generally these include:
- Non-economic loss damages
- Past and future loss of income and superannuation
- Past and future need for home assistance
- Past and future medical and rehabilitation expenses
In assessing the value of your claim, we take into consideration matters which include age and personal circumstances, employment, injuries and location of your accident.
For an assessment of your claim, call our office on 1300 727 266, and one of our experienced lawyers will explain how much your claim could be worth.
How long will the process take?
Each claim is unique, and progresses at a different rate, dependent upon the severity of the injuries, factual complexity involved, amount of treatment an injured person may require, and other factors.
Marocchi Law will undertake an assessment of all of these factors and will provide you with our best estimate of your claims duration.
Will I need to go to court?
Most compensation matters settle out of court, by way of informal negotiations with the relevant insurance company, without needing the intervention of the court system.
A court hearing will only be required if settlement cannot be achieved. A court hearing is rare, and usually reserved for the most complex cases.
How is past and future loss of income calculated?
One of the largest components of a compensation claim is the award provided for past and future loss of income.
If you are involved in an accident which restricts your capacity to complete your work duties, you may be entitled to compensation for economic loss.
In order to calculate loss of income a court will determine what a person was earning before they were injured and will consider to what extent the injuries they received has reduced their earning capacity. The court will consider what that person may reasonably have earned if the accident had never occurred, and will compare their likely circumstances to their current circumstances.
How much will I have to pay in legal fees?
Marocchi Law operates on a “no win, no fee” basis, meaning you do not pay any legal fees until the successful completion of your matter when you receive compensation for your injuries.
Normally, negotiations will be undertaken on your behalf on a “plus costs” basis, meaning all legal fees and disbursements will be taken into consideration with every offer made to the insurance company. Settlement money from the insurance company will include a contribution towards legal fees and disbursements. This ensures that you receive the amount of compensation that you deserve.
Many claims can be complex, and so it is important that you contact Marocchi Law at an early stage to ensure the appropriate evidence is obtained to achieve an early settlement.
What injuries can I make a claim for?
An injury can have a significant impact on your life, that’s why at Marocchi Law we ensure that all injuries you sustain in an accident are thoroughly investigated and recognised to ensure you receive all necessary treatment and compensation.
You may be entitled to compensation if you were involved in an accident which caused:
- Amputation
- Brain injuries
- Dental injuries
- Injuries involving the senses
- Injuries involving internal organs
- Muscular injuries
- Psychological injuries
- Scarring
- Skeletal injuries
If you were involved in an accident, contact our office to discuss the injuries you sustained and whether you would be entitled to compensation.
Do I need to see a doctor?
Yes. If you have been injured in an accident it is important that you see your doctor to ensure that any potential harm is mitigated and that you undertake any rehabilitation you may require.
If you are unable to work, you will be required to attend upon your doctor to obtain “certificates of fitness/capacity”, these are usually valid for a short period of time.
You should aim to see your doctor on a regularly basis, to ensure that the progress of your injuries is well tracked.
Medical evidence is crucial in personal injury claims to prove what your injuries are, and what help you may need.
Will Centrelink affect the final payout?
If you are receiving a pension you are still entitled to a claim for compensation.
Depending on the benefit you are receiving, there may be a payback owing to the Commonwealth. It is important that you are aware of this, and advise our office if you are in receipt of any Centrelink payments so we may give you advice of any paybacks which may apply in your claim.
Am I allowed to work whilst my claim is running?
If you have been injured in an accident, your employment may be affected. Your injuries may prevent you from working the same hours or jobs that you had before the accident. Perhaps your employer will not allow you to work until you have full medical clearance.
If you are unable to return to work due to your injuries, you have a duty to “mitigate your losses”. This means you have to try to find a suitable role or undertake rehabilitation which will assist in getting you back to work.
Are there time limits for making a claim for compensation?
Yes. There are various time limits which may apply depending upon the type of accident you and the part of Australia the accident occurred within.
These time limits are strictly enforced.
Please ensure you contact Marocchi Law as soon as you find out about a cause of action so that the appropriate advice may be given.
Do I have to come into your office and spend lots of time with you in order to make a claim?
We value each of our clients, and appreciate the opportunity to meet every one of them, however we understand that you may be busy, or unable to come into the office.
For this reason, we make the claims process as easy and convenient for you as possible.
What do we do next?
We will keep you informed of our current strategies and will keep you advised of the most important updates in your claim.
To start the process, call Marocchi Law for a free initial consultation on 1300 727 266.
Contact Us
Level 27 St Martins Tower, 44 St Georges Terrace Perth NSW 6000
Brisbane Office:
Suite 140, Level 14, 167 Eagle Street, Brisbane, QLD, 4000
