We want you to understand the legal process, step by step.

Most cases settle before they get to court. The reason for that is simple. We assess the merits of each case very thoroughly, and we only advise clients to pursue compensation or damages when there is a clear likelihood of a successful outcome.

The process is simple and straightforward. While the details vary depending on the nature of your claim, in broad terms, the process generally follows these distinct stages:

Stage 1:

Within 24 hours of you contacting us, we will have an initial telephone consultation with you and, if convenient, will invite you to attend our office to discuss your claim.

You tell us exactly what has happened to you. We review all the details of the incident, and tell you if your case has good prospects for success or if it does not. There are no costs to you for this advice, and you are under no obligation to proceed with legal action.

Should you choose to make a claim, we proceed.

In the case of injuries resulting from motor vehicle accidents, we submit a Notice of Claim to the other party notifying them of your intention to pursue a claim and the circumstances of your case within one month of the initial consultation.

With workplace-related injuries, we will submit a Notice of Claim after your injuries have stabilised and WorkCover (or your Self-Insurer) have finalised your treatment and have stopped paying your weekly benefits. This will occur within one to two months of your initial consultation provided you have already received a Notice of Assessment from WorkCover or your employer’s Self Insurance section.

If WorkCover (or the Self-Insurer) have not arranged for this assessment to be done, we will request that they do so. Obtaining a Notice of Assessment can be a difficult process depending on the nature of the injuries.

After you have been provided with a Notice of Assessment, the insurer may make an offer to settle your statutory claim. It is extremely important that you speak to a lawyer before responding to any offer. Accepting the offer can take away your rights to bring a claim.

Stage 2:

Once the Notice of Claim is submitted, the insurer investigates the circumstances of your claim to determine whether they will accept liability in full or in part, or will deny that they are liable for your injuries.

While we wait for the insurer to carry out their investigations, we continue to obtain updates from you in relation to your injuries, treatment, requirement for assistance from family or commercially and so on.

We also obtain updates relating to the status or your employment (if employed) and any difficulties you are having performing your usual employment or study, or any ‘time off work’ that you have had due to your injuries.

In some cases, it is appropriate for us to liaise with the relevant defendant or their insurer to ensure that they assist you in obtaining rehabilitation for your injuries. In those cases, the insurer will assist and fund any medication and treatment you require once they accept your claim as being correctly completed and accompanied by any relevant documentation that is required.

With workplace-related cases, injuries will have stabilised by this stage of the legal process. The insurer cannot provide a Notice of Assessment until the injuries have stabilised, and they would have been providing treatment and rehabilitation as required up to the point of providing the Notice of Assessment.

Stage 3:

We obtain relevant documentary evidence to assist in proving your claim to the insurer. With WorkCover-related claims, most if not all of this information will have already been obtained prior to the claim being submitted.

Subject to your signed authority to do so, we obtain information including hospital, medical and treatment records; taxation, payslips and financial statements; information from your current and previous employers; Centrelink and Medicare records; Worker's compensation claims history and any relevant claim files; and details from you regarding all medication and travelling expenses incurred; treatment that you have attended; and assistance provided by family and friends or that you have sought commercially.

We will also obtain an expert medical report from one or more medical specialists depending on the nature of the injuries that you have sustained. You may also be required to attend expert medical examinations for the insurer with specialists of their choosing, as they are entitled to have you medically assessed for your claim.

Reports from experts in other fields that relate to your case may also be sought at this stage.

Stage 4:

We will provide you with an assessment of the likely award of damages (the amount you can reasonably expect as a settlement - referred to as the quantum of your claim) based on the evidence that we have obtained for your claim.  Once you have authorised us to do so, we will submit an opening offer of settlement to the insurer to commence settlement negotiations.  

This process may involve telephone negotiations that we conduct on your behalf, or may require you to participate at a settlement conference and discuss your claim directly with representatives from the insurer or their solicitors.  

Generally, settlements will be reached through these negotiations. Out-of-court settlements are usually in everyone’s best interest because they can resolve the claim more quickly and with much less expense than proceeding to court. These settlements can often be obtained months or years quicker than if the claim proceeds to trial.

If we are unable to settle your claim through out-of-court settlement negotiations, we will lodge court proceedings on your behalf in the appropriate court.

Stage 5:

Once your claim has been successfully settled or judgement has been given in a court, we arrange for you to receive the funds to which you are entitled, and arrange for payment of your legal fees. Should the claim not be successful, Trilby Misso does not charge you for legal fees or disbursements.

On average, claims settled by Trilby Misso, for injuries involving the workplace or motor vehicles, have been resolved within 14 months.

The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity of your case. Claims that go to the courts will take longer and be subject to the schedules of the courts.