07 4772 5155
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Ivan Baxter is a Townsville lawyer with over 30 years experience. He is the Director of OSheaDyer Solicitors Townsville and practices exclusively in Litigation, managing compensation claims.
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This is a simple question but there is no simple answer to this.
What I can say is that you need to have a lawyer who is proactive. Once your injuries have stabilised reports need to be obtained immediately so that your claim can be progressed to a Compulsory Conference.
Insurance companies, particularly in relation to motor vehicle claims, are happy to delay claims. Your lawyer needs to pressure them into also obtaining their own reports and if necessary, taking Applications in the Court to force the timely progress of your claim.
Relevant legislation requires claims to be progressed as quickly as possible to compulsory settlement conferences. If your claim cannot be resolved at a Compulsory Conference it can be commenced in the Court - where the Court Rules require the Court action to be progressed quickly, with a further conference (usually a mediation conference) prior to a Court hearing.
Once your injuries have stabilised after an accident or after surgery, as long as your lawyers have been proactive, a Compulsory Conference should take place within 2 to 3 months. If your claim has not settled and your Claim is filed in the Court, then enforcing the Court Rules, there is no reason why your claim should not proceed to a mediation conference and if necessary, a Court hearing within a further 6-9 months.
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Ivan Baxter
Tyla Leo
Bridget Barrie