BrownEyedGal Posted August 6, 2015 Share Posted August 6, 2015 Hi All I'll keep this brief. I was knocked over as a pedestrian by a vehicle attempting an illegal u-turn. This was in Chatswood in July - several hours before I was due to fly to the UK. I am just asking for opinions and advice in undertaking a civil suit as the police state they have no further involvement as no bones were broken. Yeah right, my body and mind are in wreck mode and I have a hairline neck fracture. I can barely walk with the pain and am taking codeine by the handful. I'm seeing the Drs here in the UK, (and not having a good time of it I'm afraid) and am having private osteopath sessions. Some family reunion I'm having. I have the driver's details and he admitted guilt to the police officer. The officer stated that he will be given infringement notices - I don't know what these are and am assuming they are like charges? Any recommendations, help, advice would be appreciated for legal matters; but what would be even better is advice to help with the pain, I can't take codeine forever. Thanks everyone - I have kept this short. BEGal Link to comment Share on other sites More sharing options...
Country vic Posted August 6, 2015 Share Posted August 6, 2015 I don't think it's a good idea to seek that advice opinion here. The reason I say that is, it's very easy to egg someone else on to take legal action but you will be the one left with the bill and stress. The legal system works great - in TV dramas. Of course investigate your options but remember lawyers will often tell you what you want to hear, until your money runs out then they won't speak to you at all. Lawyers will also egg you on, imply you will win some worthwhile settlement if you just do more and spend more. You start off spending $500, then a couple more letters, $1,000 before you know it you are in for $5k, then it's $10k...... then a few meetings, it all adds to your bill .... Most lawyers have limited ability, remember The Castle, we love it because along comes a decent friendly QC who works for free, in the real world things like that do not happen, in real life the side with the most money wins. If the driver is represented by their insurance company they have money, who will represent you. If the driver is not represented by their insurance company and you win, do they have the money to pay. What is your desired outcome, what are your chances of getting that, what is the worst than can happen, you run up legal costs of $50k over several years, and you get a bill for the costs of the other side.... Look at the recent Joe Hockey case, he could afford top legal representation, he had a small partial win and ended up with over $500k in legal costs, and that was a short case, he can afford it so for him the pain was limited. Many firms offer a free 30 minute consultation so you could look for that but be careful, if you take the free chat and get told you have a great case and you decide to go ahead you start paying ..... be careful.... If you speak to a lawyer take a list of very direct questions, and get confirmation of the answers in writing. For example, what is the best possible outcome, what is the worst outcome, what cases has the lawyer taken similar to your situation and what were the outcomes. Do not make any decisions until you have taken time to consider what the risks are to you. It's not just the prospect of financial ruin, legal proceedings are very stressful. i daresay you have considered Pro Bono, lawyers do nothing for free so read the small print, the fact is lawyers rarely do pro bono and even when they do there are still costs, unless there is the potential for them to get a big payout they won't work for free. Be careful....... Link to comment Share on other sites More sharing options...
Country vic Posted August 6, 2015 Share Posted August 6, 2015 As for pain I feel for you. Doctors are rather like lawyers, they aren't as effective as we want to think they are. We want to believe pain can be controlled or cured with medication, in my experience a lot can't. I had problems with pain and did a lot of research, after trying the usual suspects I decided I would do anything other than surgery, took everything that was legal, most made me worse, went for a cortisone shot, they work for some people, in my case did nothing for the pain but it did give me adverse side effects. Tried several physios etc. spent a fortune... achieved nothing, having said that people do find things that help them. In the end I decided I had to do adopt a different approach and joined the gym, when I tried to move I was amazed how many pains I had, now 2 months later I am starting to feel better. Pain is a very personal thing, so research everything but be careful you don't do anything that will leave you worse off. A lot lot of medical treatments have no evidence of efficacy but doctors do it anyway because patients expect it, for example there is a very well known study on chemo for cancer, many cancers are not improved by chemo but doctors offer it anyway, it's the idea that doing something is better than doing nothing. I would try things as long as the risks were acceptable and not leave me worse off in the long term. The human body does have amazing natural powers of recovery, that's one reason people think doctors and medication work, they forget they may have got better without either. Unless you are already at the lower end of your BMI lose weight. If you have swimming pools available that may be a good way of getting moving to start with. Consider a gym, I know that sounds mad when you are in pain but it might be worth considering. Link to comment Share on other sites More sharing options...
Skani Posted August 7, 2015 Share Posted August 7, 2015 There is a Community Legal Service in NSW where you could discuss your various options with someone who knows NSW law and can give you a list of people specialising in this area if necessary. http://www.clcnsw.org.au/ Link to comment Share on other sites More sharing options...
BrownEyedGal Posted August 7, 2015 Author Share Posted August 7, 2015 Thank you Country Vic and Skani The information is much appreciated...BEGal Link to comment Share on other sites More sharing options...
Parley Posted August 7, 2015 Share Posted August 7, 2015 Aren't you covered by Transport Accident Commission ? Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted August 7, 2015 Share Posted August 7, 2015 Thank you Country Vic and Skani The information is much appreciated...BEGal Forget the no win no fee ones as well. They will take 50% of what you win for a start. I didn't do it yet I had a excellent chance of winning with support from surgeons and gps but the stress of the process and other health issues I decided it wasn't worth it. I never wanted the money though I just wanted them to put me right which I knew would never be able to be done. Link to comment Share on other sites More sharing options...
Bungo Posted August 7, 2015 Share Posted August 7, 2015 Can't you just claim for your medical costs on their CTP? I am not sure what you mean by civil suit? If you mean something other than an insurance claim, I don't think I would recommend it either. It is not long since the accident and touch wood, your body will heal itself soon and no lasting damage or pain killers will be required. Good luck and rest up. Link to comment Share on other sites More sharing options...
Marisawright Posted August 7, 2015 Share Posted August 7, 2015 Why do you think you need a lawyer? http://www.maa.nsw.gov.au/about-us/forms/claims We see so many ads on TV that it's easy to get the impression you'll get nothing unless you hire one. That's not the case and even if you use a no-win, no-fee one, it's quite possible you'll end up with less than if you'd just gone the DIY route (because their fee for success is generally 50% of the award). Link to comment Share on other sites More sharing options...
BrownEyedGal Posted August 9, 2015 Author Share Posted August 9, 2015 Thank you Bungo, Marisa, Pom Queen & Parley Thank god for these forums. I never imagined the day I would be ever involved in a car accident. So this is me walking or rather limping around in the dark for information. Yes I have seen those adverts and thought that I had to go to a solicitor so thanks Marisa for the link. I have many concerns at the moment but because I am paying for private treatment here in the UK, I am wondering if I can still claim, some or a portion? My Osteo will be providing me with a letter to state what's happened and I have one from my UK Dr. I am going to try walking in the swimming pool today and I have 'encouraged' myself to do lots of walking but only around my building or with family and friends. I feel so freaking fragile, and extremely anxious of so many things. I don't like these feelings and sometimes they take over and I end up just staying indoors. I never realised how fast people go! and I'm afraid they will knock me over. Like you PomQueen, I just want to be 'put right' - not interested in the money, only what it can provide for me medically and employment. I was due to work as soon as I arrived back home in Sydney, but no childcare centre will take me with my issues. So I've lost definite and potential work and we know without an income, life is hard. Link to comment Share on other sites More sharing options...
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