6 Strategies for Obtaining Maximum Entitlements from Insurers

Published by Marshall & Gibson Lawyers on the 19 January 2012

For those who have experienced an injury at work, as a result of someone’s negligence, or due to a motor vehicle accident, it’s important to be aware of the full compensation entitlements available and to explore all available options. In addition to obtaining the advice of compensation lawyers in Sydney or your local area, we look at some of the other strategies you can undertake to obtain your maximum entitlements from insurers throughout all stages of the process.

1. Supporting Documentation

For any personal injury claim, preparing adequate supporting documentation is a critical component in ensuring that you’ll be provided with maximum entitlements. Evidentiary requirements can vary depending on what you’re claiming, your personal situation, and whether you’re claiming for personal injury resulting from someone’s negligence, workplace injury, or a motor vehicle-related injury. Where possible, obtain professional advice to make sure that your case is strongly made out in your claim.

2. Act within Time Limitation Periods

In most cases, it’s crucial to make claims within fixed time periods from the date of the injury. For example, a time limitation of three years applies to personal injury matters in NSW, while for workers compensation it’s usually six months. Exceptions or extension to limitation periods can apply, so it’s advisable to consult your lawyer if you have any questions.

3. Responding to the First Offer

If you’ve already received an offer from the insurance company, it’s important to obtain professional advice from personal injury or workers compensation lawyers in Sydney or in your city for an assessment of your offer.

Once you accept an offer from an insurer, you may automatically forgo future rights to pursue any further claims relating to the injury. This can amount to thousands or tens of thousands of dollars in lost compensation.

4. Obtain Good Settlement Terms

Obtaining the best result for your situation may not always necessitate court proceedings. In many cases, particularly in personal injury cases, the case may settle out of court. Even in these cases, claimants seeking to obtain the best possible settlement terms can benefit significantly from appointing a lawyer who can negotiate with the insurer or respondent to help obtain good settlement terms.

Along with good supporting documentation and negotiation skills, a representative can assist claimants obtain good settlement terms by providing access to other resources such as doctors, witnesses, or other expert testimony to build a stronger case for their claim.

5. Build a Strong Case

Building a strong case is important during any stage of a compensation claim, whether you’re proceeding to trial or making the first steps in a submitting claim. Knowing how to build a strong case requires knowledge of compensation law and process, two areas through which your lawyer can guide you so that you’ll feel confident and assured that your interests are been represented.

6. At Trial

Should you proceed to trial, then it’s more important than ever that you do seek representation and know all your options at every stage of the process. Your compensation lawyer can help you settle out of court, or guide you through arbitration or explore other alternatives, if these are best solutions for your situation.