Frequently Asked Questions
What Do You Need to Know Before Making a Claim?
Clear answers to common questions about medical negligence, injury claims, legal fees and what to expect when making a claim.


Frequently Asked Questions
What Do You Need to Know
Before Making a Claim?


Clear answers to common questions about medical negligence, injury claims, legal fees and what to expect when making a claim.
Browse Questions by Topic
General
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Birth
Trauma
Cosmetic Surgery
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Medical Claims
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Vehicle
Public Liability
Cost &
Legal fees
General Claims
Questions about compensation claims, time limits, evidence and the claims process.
How do I know if what happened to me was negligence?
Not every injury, complication or poor outcome is caused by negligence. Negligence may occur when a healthcare provider, driver, business owner or other party fails to take reasonable care and that failure causes harm. A legal assessment can help determine whether your circumstances may support a claim.
Is it worth speaking to a lawyer if I'm not sure I have a claim?
Yes. Many people delay seeking advice because they assume they don't have a case. An initial consultation can help you understand your rights, assess your situation and determine whether there may be grounds for a claim. Seeking advice early can also help protect important evidence and time limits.
What evidence is most important in a compensation claim?
The evidence needed will depend on the type of claim, but commonly includes medical records, incident reports, photographs, witness statements, correspondence and details of any financial losses. Keeping records of how the injury has affected your daily life can also be valuable. Your lawyer can help identify and obtain the evidence needed to support your claim.
Can I make a claim if the injury happened years ago?
Possibly. Time limits apply to most compensation claims, however there are exceptions in some circumstances. The sooner you seek legal advice, the easier it is to preserve evidence and assess your options. Even if you believe it may be too late, it is often worth obtaining advice before making that assumption.
Birth Trauma
Answers about birth injuries, obstetric negligence and claims for children and parents.
What is considered birth trauma?
Birth trauma can refer to injuries suffered by a baby or mother during pregnancy, labour or delivery. This may include physical injuries, neurological injuries, oxygen deprivation, maternal injuries or psychological trauma resulting from the birth experience.
Can birth trauma affect a child later in life?
Yes. Some birth injuries may not become fully apparent until a child reaches developmental milestones. In some cases, the long-term impact of a birth injury may only become clear months or years later.
What records are important in a birth trauma claim?
Important records often include maternity records, labour and delivery notes, CTG monitoring strips, neonatal records, hospital records and specialist medical reports. These documents help establish what occurred before, during and after the birth.
Can both parents be involved in a birth trauma claim?
Depending on the circumstances, claims may involve the injured child, the mother and, in some situations, another parent who has suffered psychological injury or financial loss as a result of the birth trauma.
Cosmetic Surgery
Questions about cosmetic surgery negligence, complications and your legal options.
What if I am unhappy with the result of cosmetic surgery?
Being unhappy with the outcome of a cosmetic procedure does not automatically mean negligence occurred. However, if the result was caused by substandard care, poor surgical technique, inadequate advice or failures in treatment, legal options may be available.
Can I claim for scarring after cosmetic surgery?
Potentially. Scarring is a known risk of many cosmetic procedures, however unnecessary or excessive scarring may warrant further investigation if it resulted from negligent treatment or inadequate care.
What if my procedure was performed overseas?
Claims involving overseas procedures can be more complex due to jurisdictional and legal differences. However, depending on the circumstances, it may still be worthwhile seeking advice about your options.
Can I claim if I needed corrective surgery?
The need for corrective surgery does not automatically establish negligence, but it can be important evidence when assessing whether the original treatment met the appropriate standard of care.
Dental Claims
Answers about dental negligence, implants, nerves, treatment errors and ongoing care.
Can I claim for nerve damage after dental treatment?
Potentially. Nerve injuries can occur during certain dental procedures, however expert evidence is often required to determine whether the injury resulted from an accepted risk of treatment or from negligence. A review of your records can help clarify your options.
What if I need ongoing dental treatment because of a mistake?
The need for corrective treatment may be relevant when assessing a dental negligence claim. Depending on the circumstances, compensation may be available for past and future treatment costs, along with the broader impact the injury has had on your life.
Can I claim if a dental implant failed?
A failed implant does not automatically mean negligence occurred. However, if the failure was caused by poor planning, improper placement, inadequate treatment or substandard care, there may be grounds to investigate a claim.
What if another dentist had to fix the problem?
Corrective treatment by another dental professional can be important evidence in a dental negligence claim. Records relating to the additional treatment may help establish what went wrong and the impact it has had on you.
Medical Claims
Questions about medical negligence, treatment errors, delayed diagnosis and patient rights.
What are the most common examples of medical negligence?
Medical negligence can occur in many different healthcare settings. Common examples include delayed diagnosis, surgical errors, medication mistakes, failures to properly monitor a patient, birth injuries, misdiagnosis and failures to obtain informed consent before treatment.
Does a bad medical outcome automatically mean negligence occurred?
No. Medicine involves risks and not every complication or poor outcome is caused by negligence. The key question is whether the care provided fell below the standard reasonably expected in the circumstances and whether that failure caused harm.
Can I claim for a delayed cancer diagnosis?
Potentially. If a delay in diagnosis resulted in more invasive treatment, reduced treatment options or a poorer prognosis, there may be grounds to investigate a claim. Every situation is different and requires careful review of the medical evidence.
What is informed consent and why is it important?
Informed consent means a patient should be provided with enough information about the risks, benefits and alternatives of a treatment to make an informed decision. If significant risks were not properly explained, this may form part of a medical negligence claim.
Motor Vehicle Accidents
Questions about car accident claims, injuries, insurance and your rights as a road user.
What should I do immediately after a motor vehicle accident?
Your health should always come first. Seek medical attention if needed, report the accident where required, take photographs if it is safe to do so and keep records of any treatment, expenses or time off work. Early documentation can be valuable if a claim is later pursued.
Can passengers make compensation claims?
Yes. Passengers injured in a motor vehicle accident may have access to compensation regardless of who was driving the vehicle. The available options will depend on the circumstances of the accident and the injuries sustained.
What if my injuries appeared days or weeks after the accident?
This is quite common. Some injuries take time to develop or become noticeable. If symptoms appear after an accident, it is important to seek medical attention and obtain advice about any rights or entitlements that may be available.
Can cyclists and pedestrians make motor accident claims?
Yes. Cyclists and pedestrians injured in motor vehicle accidents may be entitled to compensation. The circumstances of the accident will determine what claims may be available.
Public Liability
Answers about slips, trips and falls, unsafe premises and public place injuries.
What should I do after a slip, trip or fall accident?
Seek medical attention, report the incident to the property owner or business where possible, take photographs of the area and keep records of your injuries, treatment and expenses. Evidence gathered early can be important in establishing what occurred.
Can I make a claim if there were no witnesses?
Possibly. While witnesses can be helpful, many successful claims rely on other forms of evidence such as photographs, incident reports, CCTV footage, maintenance records and medical evidence.
Can I claim for an injury at a friend's house?
In some circumstances, yes. Public liability claims are often managed through insurance policies rather than directly against the property owner. The specific facts of the incident will determine whether a claim may be available.
What if I didn't report the incident straight away?
A delay in reporting an incident does not necessarily prevent a claim. However, it is generally easier to investigate a matter when evidence is available and the circumstances can be documented as early as possible.
Cost & Legal Fees
Information about No Win, No Fee, costs, payments and what to expect.
What does No Win, No Fee actually mean?
In eligible matters, a No Win, No Fee agreement generally means you do not pay legal fees unless your claim is successful. The specific terms of any costs agreement should always be explained before proceeding.
Do I have to pay anything upfront?
This will depend on the type of matter and the funding arrangement in place. During your initial consultation, we will explain any costs, fees or disbursements that may apply so you can make an informed decision.
Will I receive updates throughout my claim?
Yes. Keeping clients informed is an important part of the claims process. You should receive updates about significant developments and have the opportunity to ask questions throughout your matter.
How often will I speak with my lawyer?
Communication will vary depending on the stage of your claim and what is happening in the matter. However, you should always be able to contact your legal team when you need guidance, clarification or an update on your claim.
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