Posts Tagged 'personal injury'

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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“No Win No Fee” – All You Need To Know to Maximise Your Claim and Minimise Risks

Important Note: In Queensland, providing legal services on a no win no fee basis for family law or criminal law matters is illegal – so law firms typically only offer no win no fee services with respect to claims for compensation and potentially

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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 Claim for Total & Permanent Disability (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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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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Our Step-by-Step Guide to Making a Workers’ Compensation Claim

Unfortunately, around 25,000 Queenslanders get seriously injured at work each year. When you’re injured at work (or on the way to or from work), you are thrust into a different world beyond your control. To recover and return to a normal life, you have few options other than to rely on the advice from your doctor and be patient and persistent with your rehabilitation. During your recovery, you will probably receive different and conflicting information from your doctor, workplace insurer, ...

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Reducing Out-of-Pocket Medical Costs After Work Accidents

The difficulty of getting back on your feet after an injury is something that many people are unfortunately familiar with.

While we can’t do anything about accidents that happen or injuries incurred during them, there is something you can do once they have happened to minimise the impact on your life: get medical treatment as soon as possible.

However, the cost of medical treatment is naturally going to be a concern especially after you ...

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A 4-Step Guide on What to Do After a Slip and Fall

Everyone knows that an accident can happen at any time. Some of these accidents may be minor, but other times they can cause a life changing injury. How often do you stop to think about how you would cope if it happened to you?

The more you hear about the dangers of accidents and injuries, the more cautious you feel. Yet no matter how careful we are in public places where safety should be guaranteed, there is ...

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