Personal Injury FAQ’s

Lawyers advertise saying “no win/no fee”; what does that mean?

It may vary from firm to firm, but despite the ads, most law firms will not take on claims where the claim will probably fail. If you agree to a “no win/no fee” arrangement, the chances are that when you do win, your fees will be substantially marked up. There is, in fact, no need for such an arrangement because if your claim succeeds, you will recover some, but not all, your legal costs. That is the same whether on a “no win/no fee” basis, or otherwise.

If you lose you will still have to pay the other side’s costs. This is the same whether or not you have a “no win/no fee” agreement.

Do Nosworthy Partners offer no win/no fee arrangements?

No, we don’t. What we do offer is a no obligation first interview scheme, in which we will endeavour to answer your questions clearly to give you an ability to understand whether it is worthwhile making a claim.

The accident wasn’t my fault. Why should I see a lawyer?

The third party insurer in South Australia is very experienced in dealing with people’s claims. You may be at a big disadvantage if you deal with the insurer direct. A lawyer will help protect your rights, and will assist you to understand your full entitlements.

How do I know whether it is worth making a claim?

You don’t always know first up. We offer a no obligation first interview scheme, which permits you to receive preliminary advice to enable you to assess whether it is worth making a claim.

How long have I got to make a claim?

Mostly, three years from the day of the accident if you are an adult. But there are good reasons not to leave it that long, because making a claim may seem simple, but it is in fact quite complex.

I had an accident over three years ago, but I now realise how badly it has affected me. What can I do?

You should see a lawyer before you do anything. The three year limitation period can be extended if new facts come to light. We can help you consider whether there are new facts in your case.

I am not sure if I want to make a claim. Why should I see a lawyer now? Can’t I just wait and see?

Making a successful claim, big or small, usually involves proper preparation. If you have bruises, cuts and scratches, they can be photographed, and this will reduce the amount of argument later about the extent of your injuries. Once the bruises are gone it is often hard to describe how much the injury hurt. “A picture says a thousand words”.

But I can take the pictures myself, is that all there is to it?

No. There is a lot more to putting a claim together than taking pictures, no matter how important they are as part of the process. Making sure that your doctor writes a report, and properly documents your injuries, and getting information from your employer about the time off you needed, are also very important reasons why you should see a lawyer early.

The accident was not my fault. Why should I spend money on a lawyer?

You may need to get evidence to confirm that the accident was not your fault. Photographs of damage to vehicles, helmets, seat belts, and the road or road side features all may be matters which relate to liability, and about which there may be argument later. Bushes grow, roads are resurfaced, and evidence disappears. Knowing what evidence to look for, and how to record it or preserve it is part of our skill and experience.

Okay, so perhaps a lawyer can help me. But, why Nosworthy Partners?

Nosworthy Partners has a long history of acting for injured people, and getting good results. We have a good blend of youth and experience. We have lawyers who understand what it is to be involved in an accident, and how that can be best dealt with without turning your life into a crusade. We do not charge for our work until we recover some damages for you.

I am worried about seeing a lawyer. Will I get tied up in the fine print?

At Nosworthy Partners we try to make things as simple as we can. The Law Society requires all lawyers to have an agreement with their clients about how they will charge, and any lawyer you see should give you an agreement to sign. We try to explain matters clearly, while doing what we are required by the Law Society to do.

If I see a lawyer, does this mean I must go to Court?

Certainly not. We settle most of our cases on terms which our clients are happy with, and we have considerable experience in mediation and arbitration, which are ways of sorting out disputes without going to Court. On the other hand, we will act for you firmly and fearlessly to ensure that your claim is properly and appropriately met by the insurer, and we go to Court if necessary.

How do I know you will do these things?

Initially, you won’t. But we have a large number of satisfied clients and other independent people, whose details we can provide on a confidential basis, who will confirm that we look after our clients well. This is one of the reasons we suggest you take advantage of our initial interview scheme, because if you are not happy with us at the end of that interview, there is no obligation to proceed.

There is something else that I would like to discuss with you, which your answers do not completely deal with. What can I do?

Give any one of us a ring, and we will be pleased to try to give you on the spot answers to specific questions to help you make up your mind about the course you wish to follow.

I am not happy with my current lawyer. What can I do?

Try and explain to the lawyer what is worrying you about the advice you have received. The lawyer should listen, and try to help you. Do not change your lawyer lightly. But if you have lost confidence in your lawyer, and want to change, we can help you do that with a minimum of embarrassment.

I read in the paper about somebody like me, who got a large award of damages from an accident like mine. Will I get a large award?

Courts try to be consistent in what they award, so that if your case is truly the same, the awards should be similar. Remember, what appears in the paper is not always an accurate summary, but if you tell us what you have read, we can probably find it or a comparable case and give you specific advice.