Lawyer Monthly Magazine - July 2019 Edition

LM90-17 101 First Choice Lawyers www. lawyer-monthly .com JUL 2019 “ Personal injury cases need to be won with forensic and diligent analysis. The issues of liability need to be considered and the entitlements of the client need to also be considered. ” their company to research the individual (usually by social media), and then try their very best to find the things that would go against the person making the claim. Importantly, there is an unspoken rule upon people who try to make claims and that they from time to time have other pressing matters in their life, whether family or other social matters, and they do not have the time to regularly attend on treatment planner providers and/or specialists to maintain a consistent ongoing line of medical history which is consistent and true to their case. Due to being busy, they don’t have time to attend a GP or a specialist once a week or once a month; there are times but this is also dependent upon instructions from the client. When working hard to help the little guy, what challenges do you and your clients often face? What method do you think is best to overcome these challenges? The little guy is the guy with no money. They take on an insurer and an insurer undoubtedly has unlimited resources. Clients from time to time do not understand that once their claim is lodged, the insurance company has millions and billions of dollars of resources. Commonly what happens immediately, is the claim form is received by an insurer and they have a special department within when people that are injured don’t go to their doctors for a number of months. In this situation, the insurer clearly positions themselves to argue against the person making the claim and merely raises the hopeless argument that because they have not gone to a GP and/or specialist for a number of weeks and/or months then they must not be injured. The courts over the years have made findings, and there is significant case law in this regard, and fortunately due to that case law it is supportive for the worker/ injured, as it is accepted that people don’t have time to go to their GPs and/or specialists every day and/or once a week to complain about the injuries. In practice, we always advise clients not to malinger and/ or exaggerate their injuries. We always ask them to give a true and accurate history to insurance doctors, their own doctors and to ourselves. We find that the initial history provided by an injured worker is important, as once that history is provided, it is then what all parties will rely upon leaving it to be hopeful that in due course the worker receives their rightful compensation. LM ABOUT DAVID MAROCCHI David Marocchi is the Direc- tor of the firm Paramount Compensation Lawyers, which was founded in 2009. The Director at the time foreshadowed significant legislative changes in the state of New South Wales and other states in Australia and due to passion for com- pensation and acting on behalf of the working class, the firm was created, which since then, has continued to act in the best interests of people including work- ers, road users and invitees on properties. The firm does not exclusively practice in compensation for personal injury but also acts in many other areas where compen- sation is received, for exam- ple, wrongful arrests – when persons are wrongfully ar- rested by NSW Police and other police in various states in Australia, assault and bat- tery and false imprisonment. PARAMOUNT C O M P E N S A T I O N L A W Y E R S