Frequently Asked Questions

An accredited specialist is experienced, knowledgeable and has demonstrated that expertise to a panel of specialist injury lawyers approved by the Law Society of NSW. They are acknowledged as experts in the field of Personal Injury Law, and have passed rigorous examinations and a peer interview process to demonstrate that expertise.

Courtenay Poulden, Scott Hall-Johnston, Mark Nelson, & Kate Henderson have been acknowledged by the Law Society of NSW as specialists in Personal Injury Law and experts in compensation claims.

The idea behind “No Win, No Fee” is simple. It means that when we make a claim on your behalf, we only get paid if you are successful. All of your legal costs are payable out of the compensation you receive if you are successful and only need to be paid at the end of your claim. There are no upfront costs and we cover any fees associated with your claim until the conclusion. If we are not successful, we will not charge you any legal fees, and that’s our guarantee.

If you make a claim and are unsuccessful you will only be responsible for payment of the Defendant’s legal costs and disbursements (unless it is a worker’s compensation claim where all costs are protected under workers compensation legislation).

However with over 35 years of experience, Beilby Poulden Costello has a success rate of greater than 98%, which we achieve by carefully assessing each case. We would not take on your case unless we were confident you would succeed.

You can also settle the claim for an amount less than its real value to take into account the risk of being unsuccessful. In our experience it is extremely rare that a claim is unsuccessful and an order is made that you would be required to pay legal costs.

The first part is simple. Make sure that your lawyer is accredited by the Law Society of NSW as a specialist in personal injury law. You should look for a law firm where there is a guarantee that an accredited specialist partner will have control of your claim. You should also look at how much experience the lawyer has and where they are located as most of the best lawyers have offices in the centre of the city.

But what you need most is a lawyer that you can talk to, who understands your case, and has the experience to get the best results. Many clients have come to us with bad experiences with law firms who simply palm their case off into the hands of an inexperienced junior. At BPC, your case will be personally managed by one of our senior partners.

This depends on how and where you were injured, and the seriousness of your injuries. Some of the claims that we handle are workers compensation, motor accidents, medical negligence, or injuries sustained in a public place.

Workers Compensation Claims
If you have an injury while you are at work, then you are usually covered by workers compensation legislation. Generally you will receive compensation to cover for time off work, medical expenses and also a lump sum if you have sustained a permanent impairment.

Motor Accident Compensation Claims
If you are injured as a result of the negligent driving of a motor vehicle then you are generally covered by motor accident legislation. You are entitled to compensation to cover time off work, medical expenses and a lump sum for pain and suffering and loss of enjoyment of life. An important point to consider is that you can be entitled to compensation even if the accident was partly your fault or you cannot identify the driver or the vehicle which caused the accident.

Medical Negligence Claims
If you sustain injury by the negligence of a hospital or a doctor you may also have a right to claim compensation. These types of claims are complex and require the assistance of an experienced lawyer in medical negligence. We have a number of Lawyers at Beilby Poulden Costello who specialise in this type of case and if you think you may have a claim you should contact us immediately.

Public Liability Claims
You can also sustain an injury whilst in a public place or as a result of the negligence of an occupier of premises. You must be able to prove that your injury was caused as a result of some negligent act or omission by the other party. This includes such cases as slipping and falling in the supermarket, being assaulted in a pub where there is a lack of security or injuring yourself by some other danger located on a private or public premises.

If you have any doubt, please give us a call on 02 8280 6900 and we will be happy to advise you whether or not you should proceed with your claim.

We find that most personal injury cases can take anywhere from six months to a year to finish, but the length of the claim process ultimately depends on the type of claim you have. It is important that your injuries have stabilised before we can start the process, as we need to be able to obtain medical evidence from your doctor to outline the extent and nature of your injuries. It is essential that there is not likely to be any further deterioration or improvement, which is usually reached about one year after your injury.

We can, however, address your enquiries about personal injury claims immediately. Please give us a call or send us an email to discuss your situation.

This really depends on the type of claim you have. In workers compensation claims there are no legal costs payable. In other types of claims, such as motor vehicle accident claim cases or negligence claim cases the majority of legal costs are paid by the insurance companies if you are successful.

In some cases there is a difference between what the insurance company has to pay directly to us, and the actual legal costs payable. The difference is usually only one third of the total legal costs, and this can be paid directly from the compensation case payout.

You should also note that the Government has introduced restrictions on payment of legal costs if your claim is worth less than $100,000.00. In that case, the maximum amount of legal costs payable by an insurer is $10,000.00 or 20% of the verdict, whichever is the greater amount.

Most cases do not end up going to Court. Both workers compensation and motor accident claims go through an alternate dispute resolution process which is designed to resolve a case by agreement so that a Court hearing isn’t necessary.

We estimate that 90% of cases are settled without the need for a Court hearing, giving you faster results and reducing the stress on you and your family.

This is to help you understand how we charge legal costs. It is our promise to you that at all times we will inform you of any legal costs you would be required to pay. We do this by providing you with the following information:

• We give you advice about the value of your claim before you are asked to respond to any offer of settlement;
• We will immediately inform you of any offers made in your claim, including any offer to pay legal costs;
• We will provide you with a detailed account of all amounts that will be deducted from settlement offers, which will include the total amount that is payable to cover legal costs;
• When your claim has finalised we require your approval before we deduct legal costs as previously agreed.  We don’t accept payment of our legal costs until you have either approved our bill or 30 days has passed from the time our bill was sent to you and you have not objected to our bill.

This varies depending on the type of claim. In most cases compensation is recoverable for loss of wages, medical expenses, pain and suffering, and for the interference with your day to day life. In cases of serious injury, the cost of long term care and support can be claimed. We recognise that each claim is different, and you should contact us to ensure that your rights are protected.

Nearly all claims for injury are governed by strict time limits. These time limits vary depending on the type of claim you have. It is important that you act quickly to ensure that your rights are not lost. If you have any concerns about time limits, please contact us immediately on 02 8280 6900.