When you have suffered injuries in an accident, receiving the full compensation you deserve as soon as possible is understandably your top priority. It’s also our top priority at Henry Carus + Associates.
With years of experience handling accident claims in Victoria, we know what is necessary to get the results you want. Although our goal is to resolve claims without delay, we don’t take shortcuts. Instead, we devote thorough attention to each step of the claim, making sure that our clients’ interests are properly represented throughout the process.
Typical Legal Claim Process
The compensation process can be stressful for claimants. We work to ease that stress by relieving you of the burden of dealing with the complex legal procedures. Our lawyers focus on being an advocate for each one of our clients, ensuring we get the best result in accordance with current laws.
We aim to achieve this by:
- Helping you understand the law so you can get a better grasp of your entitlements.
- Giving you the most up to date information on the steps that can be taken, what the likely outcome will be and the expected legal costs.
- Providing you with all available options so you’re well informed and empowered to believe that together we have the best chance of achieving an excellent outcome.
We believe you deserve more, and we won’t stop until we’ve won.
Timelines to File a Claim
Every accident claim is unique, which makes it impossible to say specifically when your individual claim will be resolved. However, based on our years of experience handling accident claims in Victoria, we can provide some general guidelines about the timing of the various stages in the accident compensation process.
The following provides a general outline of the steps and the timing involved in personal injury claims in Victoria.
Timetable to Receive TAC Motor Vehicle Accident Compensation
- Day 1 | The accident happens.
- As soon as possible | Submit a claim form to the TAC. This must happen within 1 year from the date of the accident, unless you have an acceptable reason for delay, in which case you have up to 3 years.
- The day of the accident | The TAC begins to pay medical benefits if you have to stay in hospital overnight. If you do not have to stay in hospital overnight, the TAC begins to pay medical benefits once your bills total $703.
- 5 days after the accident | The TAC begins to pay benefits for lost income if you are unable to work for more than 5 days due to your injuries.
- When your injuries stabilise | At this point, you may receive a lump-sum benefit if you suffer permanent impairments due to the accident. In any event, this issue must be addressed within 3 years of the accident.
- 18 months or more after the accident | If you have a common law damages claim, this issue may be resolved at this point. Complicated common law claims make take longer to resolve.
- Within 6 years after the accident | Legal proceedings in a claim seeking common law damages from the TAC for a motor vehicle accident must be started within 6 years from the date of the accident.
Timetable to Receive Medical Negligence Compensation
- Day 1 | The medical procedure or treatment occurs
- Day 1 – or any date in the future | You are injured due to the medical treatment or procedure or you become aware that you have been injured.
- Sometime after you suffer or discover your injury | You seek legal assistance.
- Usually within 6 to 9 months after your first visit to the law firm | Investigations are done to determine whether you have a valid claim.
- Usually within 6 to 9 months after your first visit to the law firm | If you have a valid claim, your lawyer sends letter of demand to the medical practitioner.
- Usually over a 3-month period | Your lawyer conducts negotiations with the medical practitioner.
- As soon as 1.5 years after first seeing the law firm | The matter may be resolved on an early resolution basis.
- As soon as 1.5 years after first seeing the law firm | Legal proceedings may begin.
- 1 year after legal proceedings are issued | Legal proceedings are pursued to mediation and resolution.
- As soon as 1.5 years after legal proceedings are issued | Legal proceedings run to a final trial and outcome.
- Within 3 years from the date of the event or the date you become aware of your injuries, whichever is longer | This is the limitations period during which you must commence legal proceedings. Most medical negligence matters need to have court proceedings issued before you can reach an early resolution.
Why Does It Take Longer to Receive Compensation in Medical Negligence Cases?
The timeline for recovering compensation in a medical negligence claim is often longer than the one for motor vehicle accidents. There are several reasons why this is so.
Perhaps the main reason why medical negligence claims take longer is because they are usually very complex. Investigations of these matters take time. It is usually necessary to have medical experts review the patient’s medical histories and records to determine what went wrong during the medical procedure and who should be held responsible for it.
Another issue involves the legal complexity of medical negligence claims. These cases frequently involve extensive negotiations with the provider’s Professional Indemnity Insurance (PII). Legal proceedings such as mediation or a trial may also be very lengthy.
At Henry Carus + Associates, we won’t stop until we’ve won. The results of our dedication and hard work are easy to see in the outcomes of our clients’ cases. More than 98% of our clients have found success on their claims – with some recovering as much as five times the compensation that was initially offered.
Our firm handles medical negligence claims and motor vehicle accident claims on a No Win, No Fee basis. That means you owe us nothing for our legal services unless we recover compensation on your behalf. Our consultations are completely free and totally confidential.
Are you ready to discuss your situation and get free legal advice about your options? Call Henry Carus + Associates now or fill out our online contact form and we will respond within 24 hours.