It will help you avoid an embarrassing mistake that thousands of other Queenslanders make each year…a mistake that CANNOT be unravelled… Read it now, you will lose access to this link in 48 hours due to legal publication restrictions.  The information will be gone forever.

On the 6^th June 2013 a Queensland woman was awarded $528,925.36 in injury compensation - some $311,000 more than the insurer wanted to pay.

Kerry Brennan was an average 32 year old Australian woman living and working as a train driver in the local sugar Mill in Prosperine in 2009.

On April 14, 2009 she was struck by a car on a zebra crossing in Mackay.

She was propelled seven to ten metres through the air before landing on the bitumen.

That’s a long way.

It means she was sent flying through the air for at least two whole car lengths…..

She suffered injuries to her neck, shoulder, hip and head and a ‘significant’ psychiatric condition.

Her ambition had been to work as a train driver at QR National or Pacific national, or in the mining industry and earn up to $3600 a week.

 Those dreams were now shredded.

What made Kerry Brennan sue?

She was a hard working sensible woman.  A pioneer.  A woman train driver.  A middle-class, hard-working Australian just like the rest of us.  A person who paid her bills on time. The sort of person who puts their hand up, not the sort of person who puts their hand out.

We can all agree that suing someone for injury compensation is not the Australian thing to do.  It’s American.  We all know that.  Suing stinks.  It has a foul stigma. 

We are led to believe:

• it’s ridiculously expensive. 

• Its time consuming.

• It’s risky. 

• It’s complicated.

Kerry Brennan took all of this into account and decided there had to be an easier, simpler more honest way to achieve a $500,000+ compensation package.

Kerry Brennan knew that her facts were irrefutable, and that there was so much evidence to support her case.  The facts would easily prove that she was a genuine claimant who deserved maximum compensation for her injuries.

Kerry needed legal pressure.

Kerry Brennan knew she had enough legal pressure to win – before she started.

For now let’s just say it helped Kerry successfully sue the driver of the car (and the insurer)  for $528,925.56.

The insurer was not impressed….

The original trial judge awarded Kerry $411,000 for ‘loss of future earnings’.  It clearly made up the bulk of her $528,925.26 claim.

But the insurer belittled Kerry’s loss of future earnings award.

They appealed the original decision of the trial judge at a hearing on June 6 2013 @ the Court of Appeal in Brisbane.

In the appeal, the Insurer said:

However the appeal was dismissed… by the Chief Justice and two Court of Appeal Judges and their reasons were handed down in a Judgement on the 14^th June 2013 (which we will go over in a minute).

The first thing we need to do is to find out what was different about Kerry’s case.  Surely it was just a ‘plain vanilla’ car accident injury claim?

What Kerry did differently was to take the ‘road less travelled’ in preparing her claim. 

It’s called “The Legal Pressure© Method of Claim Preparation, Presentation and Persuasion”.  That’s a mouthful! – so we will just shorten it to Legal Pressure© for the time being!

Kerry gritted her teeth knowing full well that this ‘legal pressure’ road could be steep and winding. She also knew that this thorough, meticulous, fastidious road was the ONLY path to full and fair compensation.

I will start by saying that Legal Pressure© is not the fastest road to ANY settlement but it is the FASTEST road to MAXIMUM settlement. 

There’s a big difference because the destination is different…….

One destination can be likened to a roadside vending machine where you get a free can of lemonade. You take the lemonade because you are after fast compensation.

But once you have taken the lemonade you can't get any more out of the vending machine.  You forfeit any rights to any more compensation for that injury, for ever.   

This is the shortcut method.

The stupid method.

She knew that the sensible method was the only method to achieve these things.

And in Kerry Brennan’s case that method that increased her claim by $311,000.

Earlier we talked about defining legal pressure©.

It’s a pretty simple, logical formula that makes sense. 

But it is a formula that is more ignored more followed.

As Shakespeare quoted “more honoured in the breach rather than the observance”  

Most Australians behave like Americans in compensation cases. 

They act with haste.  They act with greed.  They act with ignorance.

As a result they make the single biggest mistake we find in failed compensation cases…

These greedy, hasty, lazy, ignorant claimants are the ones you see kicking the empty coke tin along the road, swearing to themselves, when their claim has settled saying how “unfair” the system is.

But they are the ones who made the mistake... not the system.

You have to ask yourself “Why do they do it?”

They do it because they are seduced by “free money”.

They want their cash “fast” like a junkie looking for the next hit. 

They are “compo junkies”.

They don’t really care about what the compensation is, as long as it’s quick and easy.  

A compo junkie is someone who IS entitled to compensation but is not prepared to DO THE WORK.

A compo fraudster is someone who IS NOT entitled to compensation - and is a criminal.

A claims farmer is an unscrupulous individual who will do anything to convince a compo fraudster or a compo junkie to bring a claim.  This nearly always involves of breach of the Privacy Act!

The claims farmer gets information about a potential injury from a few ‘reliable’ sources.  The most popular ones at the moment are:

• crash repair companies

• tow truck companies,

• car hire companies

The claims farmer will tele-market these potential claimants, relentlessly…..

Every now and then they strike pay-dirt and get someone who is interested in making a claim.

The claims farmer then farms out this ‘enquiry’ to a dodgy law firm for a fee.

The claims farmer is not a lawyer so is immune from the humiliation of being barred from legal practice.

I think we can all agree that it is completely undesirable to be labelled as a compo junkie or a compo fraudster.  

This won’t happen if you are genuinely trying to maximise your compensation using a professional, methodical mechanism like legal pressure©.

However, we must consider whether the ‘compo junkie’ can make the insurance scheme more affordable?

These ‘compo junkies’ take the “fast, careless, reckless” road to compensation.

Because of the way the system is designed the ‘compo junkie’ always gets their early (and low) hit.

Wise old insurers pay them off with early low ball offers.  It’s pretty cheap to give them a ‘can of lemonade’. 

Insurers don’t like litigation.  Litigation is a slippery slope lined with uncontrollable expense. 

Out of nearly 7000 motor vehicle injury claims in Queensland in 2017/8 about 16 of them went to trial….

That is a miserly 0.26%.  

Or on a footy field it’s 26cm….

...the rest were settled through the ‘offer’ process.

So it’s cheaper for the wise old insurer to “low ball” the “compo junkie” very early on…. 

These are generally injury offers in the range of $5-20K, made immediately after the insurer has admitted liability (conceded their insured was in the wrong).

It’s a commercial decision and it’s wise – as they know that 80% of lowball offers will get accepted.

But you too can be wise and reject the wise old insurers low ball offer.

But you should only reject such offers if you have a plan B. And in this case Plan B would be to use the legal pressure© method (disciplined, deliberate and detailed).

There is much to be gained from rejecting early offers – it begs the question….

There are many reasons.   Let’s just look at a few main ones.

Firstly, you as a claimant only have to gather evidence for one claim.  

The claims handler working for the insurance company will have 70-100 claims.  

You, the claimant have an immediate advantage – you have 70 times less work to do in preparing your claim for compensation.

Secondly, this type of law relies heavily on credible character witnesses – it’s just how it is.  You can easily get 15-20 witnesses to vouch for all aspects of your life:

• your character,

• your earning potential,

• your work ethic,

• your community spirt and so on.

The Insurer has to either discredit these witnesses at trial (they will avoid trails and court-rooms like the plague), or get character evidence that suggests you are NOT these things.

That is extremely hard to do when you are running 70-100 files.

It is also frightfully expensive – as it is likely the insurer will need both a private investigator and a lawyer. 

These are just a few of the reasons why the wise old insurer will always, always, always try and settle early with the ‘compo junkie’.

You can see that a genuine claimant is one who understands this imbalance of “workload” and uses it to his/her advantage – and it lets the insurer know from the outset that you will not be a pushover.  

You are prepared to do the work to prove your claim.

But what happens when someone apart from the insurer urges the claimant into accepting the lowball offer.

….That’s where unscrupulous lawyers come in….

Greedy lawyers are an essential part of this “low ball” system. 

They are required to convince their clients to accept the insurer’s first low ball offer.

The insurers would be grateful for the handful of large national legal firms that convince their clients to accept lowball offers. 

These law firms settle claims early so that they (the firm) can get paid faster.

We call these unscrupulous, greedy lawyers  “cash-out lawyers” which is a term commonly used in gambling.

In betting parlance, a bookmaker will offer a “cash-out” price to a gambler prior to the conclusion of the event.  The bookmaker structures the odds to entice the gambler to “cash-out” early and take reduced odds now, rather than wait for the full payout.

Massive big legal practices need fast returns for their shareholders.  These large practices are evaluated on their financial returns and performance every 90 days. 

The cash-out option suits their business model….but it does not suit the genuine claimant.

You can see there are many benefits to be had by avoiding the ‘cash-out practices’ that are driven by shareholder demands.

These ‘cash-out’ legal practices are generally run by some authoritarian number cruncher who demands faster profits.  A bean counter who prioritises faster settlements over maximising compensation for the claimant.

So let’s dig a little further into the secrets of law firm profitability…..

We all know that a lawyer can legally charge 50% of the net compensation proceeds (the amount the claimant gets after paying back his medical expenses, doctors, experts etc). 

So let’s say a claim was lowballed for $20K to be split between the lawyer and client. 

The “cash-out lawyer” will instruct the client to accept the offer.

Afraid they might miss out altogether, the client settles for $20K.

The ‘cash-out lawyer’ then takes his $10K, and the client gets the residual $10K.

You see the ‘cash-out lawyer’ cannot afford to gather evidence for another 12-24 months, even if it means earning an extra $10K for the firm and possible another $30K for his client! 

It doesn’t suit his business model.

Let’s compare and contrast the “cash-out lawyer” with a decent lawyer, the ‘legal pressure© lawyer’.

1. The ‘legal pressure lawyer’ gets the claim up from the lowball offer of $20K to $50K by applying legal pressure©; and

2. her fee goes from $10K to $20K; and

3. the time taken to settle goes form 12 months to 24 months, meanwhile;

4. the client’s compensation (in the hand) goes form $10K to $30K– his compensation has been tripled compared to the previous example, and in addition;

5. the evidence pressure lawyer’s fee has gone from $10K to $20K – his reward for effort has been doubled – but it has taken him twice as long…..

The good law firm will require a bigger overdraft to support the longer claim times but both firms will be equally as profitable – but one will have happy, secure clients……and the other will have angry, broke clients….

Eventually, the compo junkie realises he’s been taken for a ride.

He’s lost half the money to the ‘cash-out lawyer’.

The compo junkie now screams blue murder. 

He(she) is ALWAYS astonished, angry and belligerent when the cash-out lawyer takes half of his pitiful claim. 

He howls ‘ambulance chaser, money gabbing lawyer, bottom feeding scum…….and so on.

Not to be outdone, the wise old insurer jumps in and begins his protest. 

The wise old insurer knows he will get away with about 80% of his low-ball offers. But he’d rather pay nothing.  So he has a rant as well.

He is AGHAST at the number of frivolous claims crushing the system and forcing premiums up for everyone – he is trying to get the politicians to raise the premiums and make him more profitable. 

He threatens to throw all of his toys out of the cot and to cease providing insurance cover unless his demands are met.

Amongst all of this hubris, the cash-out lawyer, and his close associate, the claims farmer is quiet. 

The rants from the insurer and the tantrums form the lowballed client actually make the lawyer a truckload of money.   Here’s why….

Any talk of injury insurance that is in the press educates uninformed, undecided, potential claimants how to sue for injuries.  People who were completely unaware that there was insurance for injuries.  Or people who were aware but have been reluctant up until this point.

All talk of the insurance injury scheme shines the light on a treasure map for compo junkies, and potential compo junkies.

No matter what the content, whether it be about insurance fraud, claims farmers, the scheme going broke…..it all makes the lawyer’s phone ring.  

Why?

Perhaps you have heard of FOMO – the Fear Of Missing Out.

People don’t like to miss out.

Talk of the scheme shutting down creates a massive FOMO in someone who thinks they may be entitled to claim.  For this reason, the cash-out lawyer knows that any press is good press.  The more the insurers and the disgruntled claimants talk about the failed system, the more people will believe that failure of the scheme is IMMINENT …..and soon all COMPENSATION will be stopped…..

People panic when they think their entitlements might be removed forever. 

And otherwise reluctant claimants will pick up the phone…..

It is clear. The real answer to keeping everyone happy is to run genuine claims for genuinely injured claimants. 

What is a genuine claimant?

The genuine claimant uses evidence pressure to maximise their compensation.

The genuine claimant is a true blue Australian.  A middle class, hardworking hero.

Genuine claimants stand up for themselves and know that they don’t want to bluff their way through anything….

They are thus prepared to do their fair share of work to gather evidence to justify their claims. 

They leave no stone unturned. They take their time.  

They want things settled fair and square.

And that’s what Kerry did…. (I promised you we would get back to Kerry’s story, so here we are!)

A genuine claimant will need to prove to the court that were good at your job if you are going to prove future losses. 

The easiest way is to get your boss to vouch for your work ethic and ability.

Kerry had to prove she was determined to keep working and that she was going places with her career.  So she gathered evidence to that effect. It showed that following the accident she needed substantial assistance with her work partly because of her emotional difficulties.

The Chief Justice and appellant Judges Muir and Mullins said:-

But Kerry did not stop there.  She also gathered evidence from Mr Davis (her boss) to prove her pre-accident ability as a train driver.

Mr Davis described her as:-

Kerry then had to prove that the accident left her as a less than capable train driver….and here’s how she went about getting that proof….

A big part of injury compensation hinges on your ability to perform certain physical movements after the accident.  Limited physical movement often limits your ability to do certain jobs which you have been trained for.

It’s important to get the right evidence from the right doctor.  Not any old Doctor, but the best you can find.

Kerry gathered medical evidence from an orthopaedic surgeon, Dr Cook.  He was a credible witness and was accepted by the trial Judge who found that overall:-

The judge reasoned that because of these residual disabilities post-accident, Kerry would not be able to achieve her ambitions of working for $3600 a week in the mining industry.

…$3600 seems like a lot of money for a train driver?

Kerry presented evidence to the judge of the net weekly earnings of Sharon Nicholls, who pre-accident was Kerry’s “driver’s assistant”, working as a train driver in Port Hedland and netting $3600 a week.

The judge found the evidence was credible.

He then calculated the component for future economic loss at $500 a week over 30 years.  That computed to $411,000.

The Chief Justice and Judges Muir and Mullins dismissed the RACQ Appeal on the 14th June 2013.

Kerry, through the weight of her evidence pressure had successfully staved off a $311,000 reduction in compensation.

The concept of Legal Pressure© is surely simple enough to grasp – it’s a system that does the work to gather evidence to maximise compensation.

Most lawyers can apply SOME degree of legal pressure…but what if “some” is “not enough”?

There is one thing that  makes this system of legal pressure completely different.

Introducing the legal Counterintelligence algorithm.

Google and facebook have their data matching algorithms, MCW Legal has this counterintelligence algorithm for compensation claims.

For 42 years MCW Legal has gathered and then analysed the data on every insurer response to evidence in a claim.  When new data, which could be the facts around your claim,  is fed into the algorithm, it predicts the insurer’s response to within 98% accuracy.  We know what they are going to do and say BEFORE we play your hand.  So we plug in different scenarios until the most favourable outcome for you, the client, is found.  We already know what the answer will be.

Accordingly, a poker player with a clean view of his oppositions hand will only bet when it is safe to do so.

Without Legal counterintelligence, the mounting of legal pressure can be problematic.

In most cases the absence of this intelligence will mean that claimants are forced to “settle low to get the dough”.   

The final step is to ‘project manage’ the process.  Add some dates and deadlines to ensure compensation is maximised in the shortest amount of time.

An evidence pressure plan is another name for a project management blueprint that lays out the steps in sequence of  how your claim will be run.

It provides a series of milestones and deadlines to make sure the right amount of the right kind of evidence is applied at the right time - to ensure a faster, fairer compensation result for you.

Day 1, Day 7, Day 14, Day 28…..and so on up until Day 1000, if need be. 

It’s all mapped out. Day by day….

• What evidence is required?

• How it is to be presented

• When it is to be presented

• Who is to present it

The point where the weight of evidence becomes unbearable for the other side and causes them to settle for the right amount.

It all adds up to this...

And it all starts with analysing your evidence BEFORE you lodge a claim.

If you’ve come this far, it’s likely you have a potential claim.

You will need the answers to two simple questions before you decide upon your next step.

1. Do I have a claim?

2. Do I have a chance?

Well do you?

Here’s how you can find out …

1.0 Consider:

Firstly, an Expert Compensation Lawyer with over 20 years’ experience will listen to you, one on one, in complete privacy, on the phone.

2.0 Decide:

Secondly, they will apply Legal pressure© to your unique situation to highlight all of the potential “next moves” from the insurer.

3.0 Act:

And thirdly, based on your responses and appetite for risk, you and your legal expert will plan your next logical step.  Together you will come up with the easiest, cheapest, smartest thing you can do to progress your claim.  Guaranteed*(see below).

On this phone call you and your expert will uncover the answers to the following:

• Do you have a claim?

• How much will your claim be worth in $?

• How much time and effort will you have to put into the claim?

• How much will the claim cost you?

• How long will it be until you can expect results?

• What safeguards are there to prevent you from being left with a bill you can’t pay?

• You don’t have to leave home

• You don’t have to come into our office

• You don’t have to be intimidated by a face to face interview or strategy session

• You don’t have to spend any money

• You don’t have to give any obligations

• You don’t have to feel pressured to do anything you don’t want to

Certainty.  

If you decide you don’t have a claim, you can be certain that you have explored the alternatives and you will never die wondering.

If you decide you do have a claim, you will leave the session feeling hopeful and confident about the future.

Half an hour with a partner in a law firm will cost $150.

We do this for free as we know that a percentage of people will ask us to become their lawyer on their claim.   They will ask us to apply evidence pressure and maximise their compensation.

But there is absolutely no obligation.  It’s not a sales session.

In fact we will give you THREE times your “investment” back if you are not 100% happy with the session.

This DIY Legal Kit includes:

• Our Claim Time estimator – gives you an estimate of your future losses

• Our Evidence Guide – 137 page document that helps you build evidence pressure on your own.

• Our Injury Payout Calculator - gives you an estimate of your future losses

• Pain Point Checklist – gives you a 16 page guide as to what to tell your doctor so that you medical evidence is irrefutable

The only thing left to do now is to click the button below and book your free session!

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