Frequently Asked Questions

 

+ How will I be charged? Is it no win no fee?

    Patinos Personal Lawyers charges on a “no win, no fee" basis. This means that you are only required to pay our professional fees and outlays if we succeed by getting you compensation. This will occur either by negotiation of a settlement or by Court Judgement.

+ What happens if I don’t win?

    If you do not receive any compensation then you do not have to pay our professional fees or outlays.

+ How much will I be charged if I win and what will I receive after deductions?

    Each case is different so it will be difficult to give you an accurate estimate of the professional fees and outlays likely to be incurred on your matter at the early stages. We will, however, write to you prior to participating in a Compulsory Conference or proceeding to trial, advising of the statutory refunds, outlays and professional fees which will be deducted from your compensation and how much we think your claim is worth so that you are fully appraised of how much you will be likely to receive “in the hand” if your matter resolves. The professional fees are calculated in accordance with the Federal Court Scale. We have attached a link for ease of reference. We think this is a fairer method of charging professional fees as opposed to a fixed hourly rate.

+ Is there any circumstance where I will have to pay out of my own pocket?

    The only circumstance in which you will be out of pocket is if you ignore our advice and choose to proceed to court and are unsuccessful.

+ How much is my claim worth?

    It is understandable that you are curious as to how much your claim is worth. Unfortunately, each case is different and must be calculated in accordance with the law and available evidence. As advised above, we will write to you prior to your compulsory conference to advise you what we think your claim is worth.

+ How long will it take to resolve my claim?

    Generally we aim to proceed to a compulsory conference to attempt to resolve your claim within 12 to 18 months of our initial meeting with you. This timeframe, however, may change depending on the type of injury you have and the length of time which has elapsed since you suffered your injury.

+ Will I be required to go to Court?

    Only very few cases proceed to court. Ultimately, that decision will be up to you. We will advise you whether we think you ought to proceed to trial or not.

+ What do I do if I cannot return to work?

    Generally, your past and future loss of income will be calculated as part of any compensation you receive. You may also, however, be entitled to receive weekly payments if you have income protection insurance or an additional lump sum payment if you have total and permanent disability insurance. We would be happy to investigate all avenues of compensation for you.

+ Can I return to work during my claim?

    In every type of claim it is important that you take appropriate steps to try your best to return to some form of work in order to mitigate your losses. Obviously, this will not be attainable for everyone and will depend on your injuries, education, training and experience.

+ Who will pay for any treatment I need?

    It is understandable that you would want to know who will be paying for your medical treatment if you are injured as a result of someone else’s fault.
    Whether the “at fault” party pays for your treatment will depend on how, when and where you got injured.
    There are provisions in the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and the Motor Accident Insurance Act 1994 (Qld) which provide for funding of reasonable rehabilitation and/or treatment needs for an injured person. We would be happy to discuss this further with you in a no obligation meeting.

+ What happens if I get better/worse after I settle my claim?

    Generally, when you finalise your claim, either by court judgment or by settlement, you will be unable to pursue the “at fault” party for any further compensation relating to that particular incident. This means that if your condition worsens after your matter is finalised, the defendant will not be liable to pay you any further compensation. In the same way, you will not be required to return any money to the defendant if your condition improves after your matter is finalised.