Queensland Supreme Court Awards for Personal Injuries in 2021

We look back on decisions made in the Supreme Court of Queensland for 2021 with respect to claims for personal injuries.

In total, only 8 claims made it to a trial in 2021 because a claim for personal injuries is only heard in the Supreme Court if:

  • all efforts to resolve the claim informally have failed (including a compulsory conference, and usually a pre-trial mediation, and sometimes just hours before stepping into the court room itself); and
  • the dispute is for damages in ...
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Compensation for Prize Bull mistakenly shot and killed

In 2018, a client of Roche Legal was living on leased farmland and raised cattle. In particular, the farmer was in the early stages of establishing a line of prize winning cattle. He had spent considerable time searching for an ideal Brangus bull, the type and quality of which could reproduce and be the foundation of a stud program.

A prize winning Brangus bull was sourced to be the sire (father) and mate with our client’s carefully selected dam (mother) to ...

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Injured support worker wins TPD claim of over $150,000 after slipping in shower

The Accident

In 2019, a client of ROCHE Legal in their late 50’s was working as a disability support worker. The support worker was unfortunately injured at work when assisting an elderly resident in a well-known disability support and aged care facility take a shower. Specifically, the injury occurred when the support worker slipped in the shower causing the worker to lose balance and twist their knee.

The shower at the care facility had a well known history of clogging up due ...

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At-fault driver say “sorry”? They still cannot be sued

In Queensland, the Motor Accident Insurance Act 1994 (Qld) (‘the Act’) determines the process of how a CTP claim must be made by an injured person, and how the at-fault driver and their CTP insurer must respond to the claim. An at-fault driver (or rider) is insured by a CTP insurer so long as the vehicle that caused the accident and injury was validly registered at the time of the accident.

Whenever legal action is brought in a court for damages ...

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How To Win A TPD Claim

If you’ve found this article, chances are you already know that many superannuation funds contain an insurance policy for total and permanent disability (TPD). These policies, often worth $100,000’s, can be claimed on if you experience a personal injury or disability which prevents you from being able to return to work. Understanding the TPD claim process and requirements is fundamental to winning your TPD Claim.

When it comes to TPD insurance, each superannuation fund’s insurer has their own policy requirements – ...

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Common Law Pay Outs – Actual Results, Queensland

If you have been injured at work and made a workers compensation claim, you will eventually learn that your weekly benefits are not going to be paid forever. Eventually, the workers compensation insurer (usually Workcover Queensland) will close out your claim by sending you to an independent medical examination (or for psychiatric injuries – to the Medical Assessment Tribunal) for the purpose of a permanent impairment assessment. After the examination, you will be issued a notice of assessment. ...

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Why you shouldn’t represent yourself in a claim for personal injuries

The are many reasons why someone might wish to represent themselves in their personal injury claim rather than engaging a lawyer. Despite a lawyer’s primary duty to act in the best interests of the client, there is sometimes mistrust and a fear that the lawyer may overcharge for their services. When it comes to personal injury claims, that fear shouldn’t be a major concern considering the 50/50 rule which applies to all No Win No Fee law firms ...

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What are the maximum damages for pain and suffering in Queensland?

Heads of Damage

Those who are injured due to the negligence of someone are often entitled claim for the following heads of damage:

  • General Damages (Pain and Suffering) – a claim to receive a lump sum payment for the injured person’s pain, suffering, and loss of amenity of life.
  • Past Economic Loss – a claim to recover the income you were not able to generate because you were unable to work while you were injured and receiving treatment.
  • Future Economic Loss – ...
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Average payouts for personal injury claims in Queensland?

Payouts for personal injury claims are generally kept confidential and are usually only public knowledge if a judge determines the appropriate amount. In Queensland, the largest personal injury claim is considered to be around $20 million dollars for heartbreaking and serious brain injury where the claimant required constant care and assistance for the remainder of his life.

So personal injury claim payouts (or judgement awards, if the matter goes to trial) in Queensland can range anywhere from $0 – $20 million. ...

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