Settlement of claim

Contributed by DavidBayly and MelissaLetizia and current to 27 July 2018

Settlement for any personal injury claim should not be entered into until an injured person’s medical condition has stabilised.

In the event that settlement cannot be achieved through informal negotiations, the injured person has the right to commence legal proceedings.

Settlement of a claim is usually effected by either obtaining a signed deed of release or a consent judgement from the Court (in cases where legal proceedings have been commenced).

Once settlement has been reached and the documents are signed and executed an injured person is precluded from bringing any further action arising out of the accident.

An injured person should obtain independent legal advice prior to settlement of their claim.