Claiming Compensation in South Australia
Although most people associate law with courtrooms, the truth is that the large majority of claims that we handle are resolved before court proceedings take place. The claims process can be complex, but most claims generally follow the below pattern.
1. Obligation-free Consultation
We meet with you to obtain a detailed description of what has happened, and how you have been affected. At this stage, you will need to give us authorisation to collect information to enable us to fully investigate your rights. Using this information, we will determine whether or not you have a claim.
If, based on the information we gather, we believe we are able to successfully pursue a claim on your behalf, we will make a proposal to you, explaining our plan of action. We will also explain our No Win No Fee pricing structure. If the matter does not proceed beyond that stage, there will be nothing payable to us.
3. Notifying of a Claim
Once you agree to our terms, we will commence your claim. We will also obtain all of the expert evidence necessary to support your claim. We will fund this in accordance with our No Win No Fee terms so you will not be out of pocket.
Once all of the necessary evidence has been obtained, we will then seek to enter into negotiations with the insurer. This may culminate in a face to face settlement discussion with the insurer. You will be kept informed about any negotiations and no offer will be made on your behalf without your prior understanding and consent. Before any settlement is agreed to you will be clearly advised about the exact amount payable to you “in hand” after all deductions, so you can make a properly informed decision.
In the event that your claim is not resolved in the pre-court process, it is open to you to commence a court claim to further pursue your rights. Before committing to this process, we will give you a full analysis of the pros and cons of the decision, what is involved and what options you have.
Settlement negotiations are still likely to occur even after commencement of the court process. Ultimately if the matter does not settle it will proceed to trial. Trials in these claims are rare as the vast majority of cases settle either in the pre-court or court stages.
For more information on the South Australia claims process contact Turner Freeman on 13 43 63 or complete and online enquiry form.