Just the other day I spoke to a lady on the phone who did not understand how she could receive only $70,000 in the hand from a $200,000 settlement.  It would have been easy to make out her lawyer must be crooked and make myself look good but that is foolish when you don’t know the full story.  However I know the firm who act for her and as their standards are considered very good I encouraged her to talk to her lawyers before making a complaint.

I suspected that her personal injury solicitor had not made it clear how much she had to pay out of her damages for money already spent on her case.  When a judgment or settlement is given all the money spent past and present is taken into account.  For example you may have been making $700 per week before your accident but after the accident you only received $400 a week.  The compensation will be calculated using the larger figure but the money already received will be deducted from the money you receive.  It is the same with medical treatment.  Even if Medicare paid for all of it the cost of the treatment the cost the government expended is included. 

This can all add up to big total so after legal costs you may receive in your hand a lesser figure than you thought you would.  Where your solicitor has failed is not in honesty but in not making sure you understand how the compensation is worked out. 

I told my caller to try to talk to her solicitor and not be put off.  If the solicitor failed her then she must talk to the Legal Services Commissioner if she wants to have the service provided reviewed.

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