Can I change my personal injury lawyer?
If you have a personal injury compensation claim in progress with another lawyer or law firm and you’re unhappy with their service or concerned with how things are progressing, then you may be able to switch to Guardian Injury Law. Below, we provide a step-by-step guide to switching lawyers during your personal injury claim.
When you make the change to Guardian Injury Law, we will fight fiercely and fearlessly for your rights. We will put you at the centre of everything we do to maximise your compensation and achieve life changing results.
Why do people choose to change lawyers halfway through a compensation claim?
We often speak with clients who are not satisfied with their current personal injury lawyer and have concerns about how their claim is progressing. They tell us:
- that they are having difficulty making contact with their lawyer;
- they don’t understand where their claim is up to;
- they are frustrated with the lack of communication they are receiving from their current law firm; or
- they have had a number of lawyers working on their case in a short period of time, resulting in a lack of consistency.
Why change lawyers to a Guardian Injury Lawyer?
- We treat you as an individual, putting you at the centre of everything we do. We take the time to get to know you and understand your injury, how it occurred and its ongoing effects on your life. We are proactive with communication and explain every step of the personal injury claims journey.
- When we take your case on, it will be carefully managed by our experienced team. Our Principal, Tanya Neilson, will have management of your case all the way through, giving you consistency and continuity of advice whilst building a trusted relationship.
- We will communicate with you regularly, about the progress of your claim.
- If we can’t take your call at the time, we will call you back within 24 hours.
- We fight fiercely and fearlessly for all of our clients. We understand how to engage effectively with insurers and defendant’s solicitors to achieve outstanding outcomes for our clients.
- We offer free advice and run our compensation claims on a “no win no fee” basis. It will cost you nothing to find out where you stand.
How to change from your current lawyer to a Guardian Injury Lawyer
- Call us on 1300 700 761 or email us at enquiries@guardianinjurylaw.com.au. We will take the time to understand your circumstances and provide you with a free review of your claim.
- If we can add value to your claim, we will advise you of this and provide our engagement documents, including our cost agreement and file transfer authority.
- We will then request a transfer of your file from your current law firm and review all the materials provided. We will undertake all of the communication with your old firm, relieving any stress or pressure.
- Once we have all relevant documents, we will spend the time with you to provide advice about the future conduct of your claim and the expected timeframe to achieve a successful outcome.
Frequently asked questions
Do I need to pay legal fees to my previous law firm?
In most cases, Guardian Injury Law will be able to arrange for the professional fees incurred by your previous law firm to be transferred across to be paid on a “no win, no fee” basis. This means that you don’t pay your previous law firm for their work until you have achieved a successful outcome.
In some circumstances, the previous law firm may ask for expenses they have incurred, known as disbursements, to be paid before the file will be transferred. Disbursements can include medical report fees, freedom of information fees and court fees. If this is the case, then Guardian Injury Law will pay for the fees on your behalf. These will need to be paid to Guardian Injury Law upon the successful completion of your claim and will be deducted from your settlement funds.
Will it cost me more if I switch lawyers in the middle of my claim?
No, it will not cost you more if you switch lawyers in the middle of your claim. Your new lawyer will pick up the work required from where the previous lawyer ceased.
At Guardian Injury Law we will assess your claim and provide an estimate of the work required and the cost associated with this.
Will transferring my file to Guardian Injury Law delay my claim?
No, transferring your file to Guardian Injury Law will not delay your claim overall.
You do need to be aware that Guardian Injury Law will need to wait for your file to be received from your previous law firm and then review it in detail. Whilst this is occurring, additional tasks can be undertaken for the overall progression of your case.
Will Guardian Injury Law take on my case?
Whether or not Guardian Injury Law is able to take on your case will depend on a number of factors. This includes how advanced your claim is. If your case is particularly advanced, for instance close to mediation or trial, it may not be in your best interest to change lawyers.
We will assess your case and only recommend changing lawyers if we think it will be in your best interest.
Remember, it costs you nothing to find out where you stand.
What types of personal injury claims can we help you with?
We provide personal injury law services for the following types of compensation claims:
Super and insurance claims
If you have sustained an injury or have an illness that is preventing you from going back to work, you may have an entitlement to the insurance benefits attached to your super fund. Some people may also hold these insurance options outside their super.
These benefits are known as:
-
- total permanent disability (TPD);
- income protection (IP) benefits; and
- terminal illness and death benefits.
Worker’s compensation claims
If you have sustained an injury or an aggravation of an injury at work, you are entitled to benefits under the Victorian WorkCover scheme. You do not need to prove negligence or fault for your claim to be accepted.
You may also be entitled to common law damages if you can show that your injury is permanent, stable and meets the serious injury threshold. You also need to prove negligence on behalf of your employer or another party.
Motor vehicle accident compensation – TAC claims
If you have sustained an injury in a road accident in Victoria or involving a vehicle registered in Victoria, you may be entitled to compensation.
You may be eligible to claim TAC benefits if your accident was in a:
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- car;
- truck;
- motorcycle;
- bicycle;
- train or tram; or
- if you were a pedestrian.
- Claims can be made if you were the driver, a passenger, a pillion, a cyclist who has collided with a car or if you witnessed an accident.
Abuse claims
We assist survivors of sexual, institutional and physical abuse obtain the compensation they deserve.
Survivors of abuse have several options in accessing compensation. These can include:
-
- a common law damages claim;
- a deed revisit if you have received a past settlement; or
- an application under the National Redress Scheme.
Public liability claims
If you’ve been injured in a public setting, for example, a shopping centre, private car park, school, playground, holiday rental or any other location that permits public access, you may be entitled to compensation.
Victims of Crime – VOCAT claims
Compensation for victims of crime in Victoria is available to eligible applicants by lodging a claim with VOCAT.
Want to talk about changing personal injury lawyers?
Your first interview is free, so it costs you nothing to find out where you stand.
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