Most people only ever hire one injury lawyer, usually while they are in pain, off work and under financial pressure. That is a hard time to compare firms. These are practical questions to ask before you sign, whichever firm you are talking to.
Who will actually run your claim?
A firm’s name tells you little about who will handle your file. Ask who will be your day-to-day contact, whether that person is a solicitor, who supervises them, and what happens if they leave. Changes of handler and unanswered calls are among the most common complaints people raise about their lawyers.
Have they run claims like yours under this law?
WorkCover, CTP and public liability claims each run under a different Queensland Act, with different deadlines and rules. Ask how often the person running your claim handles this type of matter and this type of injury. Ask how they would deal with your particular difficulty, such as a pre-existing condition, a denied claim or a low impairment rating.
Be wary of anyone who promises a result or a dollar figure at the first meeting. Nobody can know what a claim is worth until the medical evidence is in. An honest lawyer will explain what would have to be proved and where the risks are.
How to compare no win no fee quotes
No win no fee arrangements are not all the same, so compare them in writing and ask each firm the same questions:
- What is the most I could pay in professional fees, and how is that limit calculated?
- Is the fee worked out on time spent or a fixed amount, and is there an uplift fee?
- Who pays for medical reports and other expenses during the claim, and is interest or a funding fee charged on them?
- What do I owe if I lose, if I stop the claim, or if I change lawyers?
- On a realistic settlement, what would I receive after fees, expenses and refunds?
The last question matters most. A percentage alone does not tell you what you would keep, because of what is deducted first. Our own terms are set out here, and you are welcome to use them as a point of comparison.
Warning signs
- Pressure to sign on the spot, or before you have read the costs agreement
- No written explanation of costs, or vague answers about what happens if you lose
- A guaranteed outcome or a promised amount
- Being told you do not need to worry about the time limits
- Nobody being able to tell you who will run your claim
You can also check that a solicitor holds a current practising certificate on the Queensland Law Society’s register of solicitors.
Big firm or small firm, city or regional?
Size and location matter less than who is doing the work and how you are treated. Many claims can be run by phone, video and email from anywhere in Queensland, though you may need to attend medical appointments and a conference in person. Choose the person who explains things clearly and who you are comfortable dealing with for what could be a couple of years.
What if a firm says no?
A firm can decline a claim for many reasons, including that its likely value will not cover the costs of running it. That is not always a verdict on whether you were wronged, and another firm may see it differently. Do not leave it too long, though, because time limits keep running.
You can change your mind
Signing with a firm does not lock you in forever. If things are not working, you can change lawyers, usually without needing to start again. Ask what the old firm will claim for its work, because this is normally dealt with at the end of the claim.
If you would like to ask us these questions, contact us. You can also read about making a claim without a lawyer.
This article is general information only and is not legal advice.