How Much Compensation Can I Get For A Motor Vehicle Accident Claim In Queensland?

A person who has sustained significant injuries in a motor vehicle accident is likely to be able to seek compensation for lost income, medical expenses and maybe even a lump sum payment for pain and suffering. If this has happened to you, you may be wondering just how much compensation you will receive.

There is no clear way of knowing the exact amount of compensation that will be awarded without pursuing a claim, however, it may be possible for an experienced personal injury lawyer in Cairns to help you establish an estimated figure which will help inform whether or not you should accept a settlement.

What factors are considered when awarding compensation for a motor vehicle accident?

Every case will be assessed differently, but some common factors will help determine how much compensation a party should receive following an injury from a motor vehicle accident.

The impact of the injuries and how they have affected the injured party’s life will be the key consideration when calculating compensation. Importantly, the injured party’s earning capacity pre- and post-accident will be considered, too. As you would appreciate, the amount of compensation awarded to a person who is left paralysed and unable to work after a motor vehicle accident will be larger than someone who needs six weeks off work to recover.

Typically, claimants who are represented by a personal injury lawyer in Cairns will receive a greater amount of compensation than injured parties who do not have legal representation. Having the assistance of a personal injury lawyer to manage your case can be beneficial as they will have experience in building a strong case, advocating for you in your best interests, and ensuring all relevant documentation is completed thoroughly, accurately, and on time.

Will I be awarded more compensation if I am represented by a lawyer?

It is impossible to provide one clear answer to this question, however, recent insights into compensation awarded to legally represented claimants compared to self-represented claimants revealed the following:

  • Claimants who were not represented by a lawyer and relied solely on the insurance company’s claim processing procedures received, on average, less than $8,000 in compensation and/or damages.
  • Conversely, the average settlement amount for an injured party represented by a lawyer was $78,000.

For the latter example, legal fees and other outlays* totaled an average of just under $30,000, meaning that after payment of all statutory refunds, legal costs, and disbursements, a person who was legally represented in their compensation claim would personally receive around $42,000.

*Other outlays, statutory refunds and disbursements means costs such as refunds payable to Medicare or Centrelink and payments for private health insurance.

Do I have to be represented by a lawyer to seek compensation after being injured in a motor vehicle accident?

The short answer is no, you do not need legal representation to claim compensation for injuries sustained in a motor vehicle accident, however, we know that claimants who are represented by a lawyer are awarded much larger amounts of compensation than those who choose to make a claim directly through the insurer.

Some parties worry that costs such as legal fees and other outlays will eat into their compensation, but even after factoring in those costs, parties with legal representation were found to receive more than five times the compensation of those who chose not to be represented by a personal injury lawyer. So, although there is no requirement to engage a lawyer to help with your claim, it is in the claimant’s best interests to be represented.

If you have been injured in a car accident and require professional assistance to progress your claim for compensation, contact our personal injury lawyers in Cairns today.

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