risk assessed


CONTROL© AUDIT consistently delivers big compensation payouts to genuinely injured Queenslanders

Everyone loves to have control. It makes us feel safe. Secure. Superior even.

Whether it’s controlling the dog on an afternoon walk, or controlling your plans with friends. Perhaps it’s controlling the team at work or your personal finances. Perhaps it’s being the most successful person in your group. Whatever it is, it’s a big deal!

We are all humans. We all crave control. And that’s okay.
Most understand. Most also understand it can drive you crazy because…
Not all things in life can be controlled.
No matter how hard you try, some circumstances are unforeseeable.
You can get your car serviced, wash it, polish it, and clean the leather. But it’s not going to stop you from having an accident.

warning

Not all things in life can be controlled.
And once you have an accident, you can feel as though you’re on a slippery slide. But unlike a normal slippery slide, you haven’t initiated the descent. Someone has put you at the top and pushed you.
Because nobody ever gets into their car if they know they are going to have a car crash, right?
Right.

"Nobody ever gets into their car if they know they are going to have a car crash, right?"

You can never be certain when that will happen.
Unforeseen accidents can rob you of your ability to work. Your ability to play. Your ability to have independence. Your ability to have control of your life.
And you shouldn’t be robbed of any more than you have. After all, you’ve worked hard. You’ve oiled your car. You’ve taken care of the leather. You’ve had it serviced. And you’ve paid your insurance premiums. You don’t deserve to be robbed of any more.
Insurance after a car accident is designed to give you back what you’ve lost. But when you go to make a claim, things are not always as clear as they were when you paid your premiums. Delay and denial tactics from the insurer can leave you frustrated.
And the best way to defeat delay and denial tactics from an insurer is with a lawyer. A lawyer that you can control.

We understand, that sounds impossible...

Lawyers can take you for a wild ride when they're in control.

It’s really quite easy. You take control by quite literally using CONTROL©.
What is CONTROL©?
It is a simple audit process to put you back in the driver’s seat.
A seven step process to guarantee faster, fairer payouts. A process to refine and perfect the quality of the legal advice you receive. A bulletproof process for total certainty.
The seven step CONTROL© Audit is simple. Each letter of the word is a step in the process. And together, the steps guarantee every element of work performed, every piece of legal advice, is in your control:
  • Cost - What will this cost?
  • Obviousness - Is the process clear?
  • Negotiable - Do I have the options to negotiate what I want?
  • Time-bound - Are there strict deadlines?
  • Risk-assessed - Is the process risky?
  • Outcome-orientated - Is there a goal for every step?
  • Legal - Is the advice lawful?

The control© audit is simple.

It’s a matter of asking your lawyer some simple questions, which will be outlined in a minute. Their answers will determine whether you will be guaranteed:
  • Maximum compensation
  • Bulletproof certainty
  • A stress-free process

Risk Assessed

The fifth step in the CONTROL© audit is to assess whether the advice has been risk-assessed.
  • Have the risks associated with your claim been identified?
  • Have measures been put in place to control these risks?
  • Are there ways to avoid these risks?
Compensation is a tricky process. A process that can (at times) be full of risk.
The legal world is a world dedicated to risk avoidance and risk removal.
Just look at the tricky language they use. There’s a reason for the confusing Latin, and the extremely longwinded sentences. It’s to remove ambiguity. Remove the risk of someone misinterpreting or twisting what’s been said.
But managing risk isn’t restricted to the language they use. That is just one small piece of a much larger puzzle.
It is a step by step process. A process which involves 4 critical steps. The same 4 critical steps used by Safe Work Australia:

The 4 step process:

  • 1
    Identifying Hazards - find out what could cause harm
  • 2
    Assessing Risks (if necessary) - understand what harm could be caused as a result. How serious that could be. The likelihood of it happening.
  • 3
    Controlling Risks - apply the most effective measures to control each risk
  • 4
    Reviewing control measures - monitor success/failure of these measures
Just as Safework Australia protects employees from risks and hazards in a workplace, a good lawyer will protect their clients from the risks and hazards of compensation claims. A good lawyer will do this using risk elimination.


The only way to be completely safe is with risk elimination

Step 1: Identify hazards

  • What is standing between me and my compensation?
  • What could flaw my evidence?
  • What will the insurer do to try and prove me wrong?
  • What will the insurer do to delay my claim?
  • What will the insurer do to deny my claim?
In a compensation claim, potential hazards include:
  • Unreliable witnesses
  • Incomplete financial records
  • Incomplete medical records
  • Claims the insurer considers to be 'erroneous'
Of course, the list goes on. There are plenty of hazards that could affect your final insurance payout. But all of them can be avoided with a lawyer who is focussed on risk-elimination.  

Step 2: Assess the risks

  • What could happen if I encounter one of these hazards?
  • What are the chances that will happen?
  • How serious are the consequences?
Assessing the risks gives you the chance to control them.
Just like Jack did. A 53 year-old tiler who was rear-ended on his way home from work.
Jack had incomplete financial records - there were great inconsistencies in his tax lodgements. He risked his credibility being questioned. And in compensation, credibility is extremely important. It helps a Judge determine the legitimacy of your claim.
It was extremely likely the Judge would notice these inconsistencies. The consequences could be extreme.
So Jack and his lawyer took necessary precautions immediately. Fixing his tax returns were just the first step.

Step 3: control the risks

  • Can this be completely avoided?
  • If not, how can we control and reduce the consequences?
Once you've identified the risks with your lawyer, you need to put control measures in place.
Luckily for Jack, he had a smart lawyer. He controlled his credibility by boosting it with evidence in the other four areas:
  • Situational Evidence
  • Expert Evidence
  • Character Evidence
  • And Medical Evidence

The 5 crushing cogs of evidence pressure

He aimed to prove his credibility despite the inconsistent tax returns.
Sure enough, the Judge brought the inconsistent tax returns to light, calling them “a work of fiction.”
But Jack was prepared.  
After presenting the mountain of other evidence to boost his credibility, The Judge concluded:

"The weight of medical evidence and witness statements well outweigh the questions brought on by his creative accounting."

Jack received $461,249 in compensation. 

Step 4: Review control measures

  • Are the control measures working?
  • Do we need to revise the plan of attack at all?
Not all contingency plans work. It's a fact of life. It makes constantly reviewing the plan vital. Ensuring there are no gaps. No leaks in the system.
For Jack, his hazard was inconsistent tax returns. The risk was his credibility being questioned. And one of his control measures was simply asking the question:

"Is the strength of my claim good enough in the five areas of evidence?"

By asking the control question, his lawyer would have been immediately alerted to the weak financial evidence and done something about it.
Jack had to constantly assess the quality of the evidence he was collecting. He had to ensure it was capable of standing up to rigorous cross examination.
By using a lawyer that eliminated risk, Jack successfully controlled the potential for failure.
By using a lawyer that eliminates risk, you too could avoid failure. Failure you cannot afford.
All you have to do is run through the 4 Steps of Risk Assessment with your lawyer.
You will successfully guarantee yourself:
  • The best compensation possible
  • Protection from questions of credibility
  • An outstanding representation of who you are 
  • A bulletproof claim with no leaks
And like Jack, you will walk away with your head held high. No matter the hazards that stand in your way, a lawyer who uses risk-elimination techniques will help you control the outcome.
Like Jack, you’ll be certain your claim is bulletproof.

Like what you've read so far?


You'll be happy to know Risk-Assessed is just 1 part of the 7-step audit. 


Click below if you would like to read the entire audit.

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