How does the claims process work?

We offer a No Win, No Fee arrangement, meaning that if we proceed with a claim you will only have to pay legal costs if you receive compensation.

We are committed to maximising the compensation to be received by people who have received negligent medical treatment.  We only charge for the work we do and in most cases we cap our costs so that you receive the majority of your compensation.

Step 1 Call one of our expert injury lawyers on (03) 9321 9988 and book your free appointment for preliminary advice about your rights and possible entitlements.
Step 2 Once your injury/illness is stabilised we will write to your treating doctors and other healthcare providers to obtain medical records.
Step 3 Following a review with you, we will obtain a liability opinion from a medical practitioner – this means an opinion from a doctor on the standard of the medical treatment you received.  This report is provided based on your medical records and would not usually involve a medical examination unless it was considered necessary.
Step 4 To have an entitlement to compensation for pain and suffering, you must have a ‘significant injury’ – being an injury that has caused a greater than 5% whole person impairment or a 10% psychiatric impairment.  To determine whether you have a significant injury, you will need to be assessed by an independent medical examiner.
Step 5 Once your level of impairment is determined, we are required to notify the medical practitioner, hospital or health service that we are investigating your claim.  Sometimes informal negotiations can be entered into and some cases can settle without having to commence court proceedings.  If your case does not settle, court proceedings must be commenced and we are required to file a document in court setting out who or what was negligent, what damage you have suffered and what damages you are seeking.

To speak directly to one of our expert injury lawyers, call (03) 9321 9988.

Your first appointment is free and we offer a ‘No Win, No Fee’ service.

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