If the insurer admits liability (which it often does) at an early stage, we can ask the insurer to reimburse you for those expenses before the claim is finalised. Each request will be looked at on a case by case basis by the insurer. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date.
This depends on the severity of your injuries and the circumstances of your accident.
As a rule of thumb, we arrange for you to be examined by our preferred medical specialist at 12 months after the accident. That medical specialist is asked to answer a number of important questions including how severe your injuries are and what is the likelihood that those injuries will have an impact on your ability to work in the future.
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 18 months and 2 years from the date of the accident.
In our experience, brain injury claims often involve additional specialist medical evidence. For example, it is common to require the involvement of a psychiatrist, neurologist and clinical neuropsychologist. Further, in the more serious cases it is necessary to involve an occupational therapist who will report on the level of paid assistance required in the future.
If there is something peculiar about your case or it is more complicated, it could take longer
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
Except for WorkCover claims, if you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends (past and future).
For example, if you will require 20 hours of assistance per week for the rest of your life, a substantial claim will be made for that future assistance at the appropriate hourly rate.
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.