Will dispute lawyers Sydney

Overview

Challenging a will

Challenging a will means contesting the validity of the document. You can dispute a will based on fraud, testamentary capacity (lack of mental capacity), forgery and undue influence. The process itself is long, complicated and can involve many nuanced steps given the state you live in or the state in which the will was officiated.

New South Wales (NSW) has its own set of rules and regulations for contesting a will. Gerard Malouf and Partners have the experience and the legal fortitude to pursue a Family Provisions Claim on your behalf. We work on a no-win, no-fee basis so you can rest assured that when you begin the process, we are working in your best interest.

Process

Want to dispute a will in Sydney?

We are the leading personal injury law firm for motor vehicle compensation in Australia, and can help prepare you for what’s to come if you decide to seek legal action. Here are some of the steps you should keep in mind in the event of an accident occurring in Victoria according to the Road Safety Act 1986.

In the event of a car accident, check yourself and any of your passengers for injuries first. If no visual injuries exist, then check the other party involved in the accident and give help where you can if necessary. If anyone is injured on the scene then you must call the police and report the crash.

Not only is reporting the crash with any injuries or physical damages to the police a part of public liability law and important for the safety of everyone involved, but it also starts a paper trail of the event for your records. These records will help prove your case when it comes time to defend your injuries and your level of fault to the courts in the hopes of winning compensation.

Similarly, if you have insurance, you should call your insurer right after calling the police. Even if you think the injuries and damages are minor, this can help you win more compensation down the road and will make the process of filing a motor vehicle accident claim easier.

When speaking with the police and the other party, be sure to share these important details:

Your name
Your address
The location of the crash
How many people were involved
The name of the vehicle owner that hit you
The address of the other party
The year, make and model of the other party’s vehicle

As you move through these necessary steps, it’s important to keep in mind to not share if you are at fault or even share some of the responsibility for the accident. While you may believe this is true, memory in a stressful situation like this could distort your recollection of the events, and you may not be at fault at all because of circumstances you were completely unaware of. Finding fault is the responsibility of the insurance companies through a Transport Accident Commission (TAC) claim.

Instead, your responsibility is to recover from your injuries and seek the help you need in covering the costs.

What to look for in a compensation lawyer

Proving your level of injury, fault and the reasons why you deserve compensation after an accident can be a long and complicated road to go down on your own. Most people will run into issues if their TAC compensation insurance refuses to cover their road accident injuries or provides an inadequate amount that doesn’t cover the medical expenses they’ve incurred over time.

The reason why an insurance representative may decide not to grant you full or any compensation is because they have determined your level of fault to be too high to grant you the coverage you want.

A car accident lawyer will help you get the coverage you need by taking over the personal injury claim for you. Your Gerard Malouf & Partners lawyers know the ins and outs of Melbourne laws and can help prove your case.

We offer a no-obligation consultation on your first appointment with us to go over the details of your case, the evidence you have and the information you need, and what the next steps in your case will be.

If Gerard Malouf & Partners lawyers determine that you have a viable case and both parties would like to move forward, then we will set up a no-win, no-fee agreement. This is the part of our practice where we do our best to prove why you deserve the compensation you do and help to win your case in the courts. We have the experience of the specialties to help maximise your insurance benefit.

Nuances in an accident to be aware of

There are some circumstances you can’t plan for. When it comes to our knowledge and expertise in car accident law in Victoria, Gerard Malouf & Partners are prepared for any nuances that come our way.

In Victoria, even if you share some or all of the fault of the accident, your insurance company may still cover some or all of the cost of the accident. While some states, across any insurance company you purchase coverage from, will not cover you for damages, Victoria does provide some leeway in this sense.

Additionally, if the other driver has no insurance or assets, it will be difficult to sue them for coverage. If this is the case, your insurance company may be stuck with the bill and we can help negotiate compensation with them.

Some other nuances in an accent that we have seen and that you should be prepared to encounter include:

Driving a rideshare car
Getting hit by someone in a rental
If your car is not registered
If someone is borrowing your car
If you hit a pedestrian or a bicycle rider

While getting into an accident is not ideal for anyone, we are ready to help you get the compensation you need, when you need it.

GERARD MALOUF & PARTNERS

Gerard Malouf & Partners has you covered

We have years of experience and have encountered many different types of road accidents in Melbourne. From determining your level of injury to your level of fault, the lawyers at Gerard Malouf & Partners can help you not only feel supported in your recovery but earn the compensation coverage you deserve and need to recover.

Gerard Malouf & Partners offer no-obligation legal advice by appointment and look forward to speaking to you about your car accident compensation claim at any time. Reach out to us today to get started.

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Motor Vehicle & Car Accident Claims

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Frequently Asked Qeustions

More information about car accident claims

Commonly asked questions concerning motor vehicle accidents and claims for compensation.

How CTP affects payouts?

Compulsory Third Party (CTP) insurance is the insurance plan required for all drivers in Australia. This insurance is typically purchased when registering a car and may even be included as a part of your registration cost. CTP insurance is important for car accident victims because it’s meant to cover any personal injury payouts that result from an incident.

FIND OUT HOW CTP AFFECTS PAYOUTS

What should I do immediately after a car crash?

Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.

Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.

What happens if the negligent driver from a car accident cannot be found?

Where a vehicle cannot be identified, the legislation provides a nominal defendant, which is most cases is the Motor Accidents Authority. A nominal defendant is a substitute for the other party.

How do I start a Motor Vehicle Accident Claim?

Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.

What is a no-win, no-fee lawyer?

A no-win, no-fee lawyer can help you pursue your case without the financial risk that would usually be associated with a lawsuit.

Opting for a no-win, no-fee legal team means you will only be charged for their services if you succeed in your claim. This takes away a considerable amount of pressure, allowing you to proceed with a case without worrying about how to cover the costs if you lose.

Can cyclists claim motor vehicle accident compensation?

Getting hit by a car when you are cycling can have devastating effects. In a motor vehicle accident involving a cyclist, the cyclist is almost always injured far worse than anyone else. In addition to personal injury, a cycling accident claim may include pain and suffering damages.

The main goal when pursuing a claim for a bicycling accident involving a motor vehicle is providing the proof of fault and of your injuries and potential other losses. Your accident claim will need to be presented by a qualified attorney who is familiar with cycling accident scenarios, and who will be able to give you the support you need.

At Gerard Malouf & Partners, we will work hard to get you the cycling accident compensation you deserve.