Cycling accident

River loop with BBR (circa winter 2017?)

Cycling Lawyer Helping Fellow Cyclists

I love going out for a ride around Brisbane, doing a river loop or closer to home just a quick a ride between Augustine Heights and Ripley.

However, as a cyclist I am also aware of the “dark side” of cycling: impatient and/or aggressive drivers who refuse to share the road with cyclists. There are also the distracted drivers who fail to notice cyclists around them. Over the years, I can’t say that there has been a great improvement in cycling safety in Queensland. There are still about 800 injured cyclists each year in this State.

The Unique Nature of Cycling Crashes

The real issue is that the effects of a crash on a cyclist can be devastating. The injuries are often serious or fatal (there are many crashes involving heavy vehicles) and the cyclist’s ability to go out again on a ride is being put on a long-term hold. This in turn has further negative health consequences. As well, the cyclist’s self confidence after a crash is probably at a low, which may also prevent them from returning to ride. Then there is the expensive property damage to the bike itself.

Nudgee ride 2018 winter

Challenges and Why You Need Representation from a Bicycle Accident Lawyer

I am an experienced personal injury lawyer and I am also a cyclist. Why is this important? Because your lawyer must have an understanding about who is at fault in a particular traffic situation. In many instances, Police may simply assume that the cyclist was at fault. If there are witnesses, they may not be sympathetic to the cyclist and tell Police that the driver didn’t do anything wrong.

Your lawyer’s job is to not just accept what the police report or witnesses say. Rather, your lawyer must critically examine the evidence and determine whether you have a case.  Your lawyer must understand the situation from your perspective. I have cycled around Brisbane’s crash “hot spots”, I know what it’s like to ride in group or on your own. I appreciate what is the level of care which can be reasonably expected from a cyclist and from a driver in any particular situation. The reality is this: if your case is not completely clear cut and you choose a lawyer who doesn’t have personal cycling experience, they may lack the confidence to take your case to trial, and might talk you into settling for less than fair compensation.

the denes lawyers 25% capped fee agreement

All of our injury cases are handled on a contingency fee basis. What that means is, there’s no upfront cost to the client.  A contingent fee is very common in personal injury cases, and almost every personal injury lawyer in Queensland operates on a contingent fee basis.

Large firms typically charge 50% of the settlement. More ethical firms charge a maximum of 33%.

Our fee is different. We Charge A Sliding Fee.

Our personal injury fees are a maximum of 25% of the compensation if we settle your case without ever filing a claim in Court, AND our fee is a maximum of 33% of your compensation if we file a suit in Court.

Why do we charge less than the large firms?

Firstly, because your case will be handled by Oszkar Denes, an experienced personal injury lawyer. We don’t let paralegals or junior lawyers waste time by having to research the law over and over again at our clients’ expense.  We’re an efficient machine, and we’re good at what we do and we know personal injury law in Queensland. We are better at using our time and our energy, and we can pass those cost savings along to our clients.

The other reason we charge less than our competition is because we don’t spend a large chunk of our revenue on billboard and TV advertising. 

Important exclusions to our 25% fee agreement: Our firm does handle medical malpractice as well as TPD claims. Those are much more time-intensive from day one, from the time that they come into the office, and much more expensive for us from day one. In those cases, we have a different fee structure.

Your First Personal Injury Consultation is Free – You Don’t Pay us Anything Until the Settlement!

What Everyone Should Know Before Speaking With the
Insurance company or Signing Any Forms

In an injury, accident, or wrongful death case in Queensland, the person who was injured, known as the “plaintiff,” is responsible for proving that the carelessness or negligence of another person caused the injury to occur.

Time Limits

There are time limits to bring a claim in Court. Generally, this is 3 years from the date of accident. But different rules may apply in certain situations, for example, for children. However, in Queensland there are some very specific rules which don’t apply in other States. As an example, even though you have 3 years to start a claim in Court, in most cases you have to give notice to the the person who caused your injuries within 9 months. So this means you have some time after the accident to think about your options, but you have to make a decision without undue delay.

Negotiating with the Insurance Company

Most compensation claims settle before a Court claim is commenced. But the key issue to understand is that if your claim is settled, the amount of your compensation is the result of negotiations with the insurance company. The insurance company will try and short change you, unless they think you have lawyers who can take your case to trial if necessary. (However, if you have only suffered very minor temporary injuries, you may not need a lawyer – if this is your situation we are happy to help you figure out how to settle your case yourself.)

Searching for a Queensland  cycling injury lawyer and Not Sure What to Look For?

Have you noticed how many lawyers are out there talking about how “aggressive” they are or how they “care” for you? We think if you need to say it that much, you should probably spend more time doing it instead. But they rarely ever share any information that could help you with your claim. We want to change all of that…

We want to actually provide you with real, useful information about car accidents and other injury claims for you.

If you have questions, the best way to start your conversation with our professional team at Denes Lawyers is to pick up the phone and dial us – the conversation is 100% confidential and without any obligation:

Call us at (07) 3063 2268 and for a free and confidential conversation about your claim (and to receive a free copy of 5 Deadly Sins that can ruin Your personal injury Claim)


What You Can Expect When You Call Us Today:

  • You will speak to Oszkar Denes about your claim. He will ask you:
    • Where the accident happened
    • What were your injuries
    • If there was a police report
    • What happened just before the accident
    • What happened just after the accident
    • Whether you were riding in a group or on your own when your cycling accident occurred
    • Whether there were any independent witnesses
    • What your medical treatment has been since the accident
    • If you missed work or other appointments
    • What the insurance company has communicated with you
  • We will then make an appointment to meet you face to face. If we do not take your specific type of case, we will refer you to one of our attorney partners who can best assist you.
  • After your call, you will receive an introductory toolkit with information about your case and resources you can use.

We believe in adding value to people’s lives. If we see that hiring us will not add value to your claim, we will make a recommendation for an attorney who can help or, give you information on settling your case yourself. We will NEVER pressure you into hiring us for your case if that does not benefit you.