About Revolution Law

Revolution Law is a team of award-winning personal injury lawyers in Brisbane, also deeply rooted in the Logan and Gold Coast communities. Specialising in compensation claims, our dedicated team is here to navigate life's unexpected turns with you, committed to achieving success together.

A Complete Guide to Car Accident Claims in Queensland

Revolution Law2024-11-08T10:14:46+10:0008/11/2024|Motor Vehicle|

Car accidents are an unfortunate reality on Queensland roads, leading to significant physical, emotional, and financial consequences for those involved. In 2024, Queensland saw a concerning rise in car accidents, with over 3,000 individuals injured and between 200 to 300 fatalities recorded annually.

Our professional team of road accident lawyers at Revolution Law understands how difficult recovery can be. We prioritise your needs and offer expert legal assistance to help you navigate this challenging time. This guide aims to provide a comprehensive overview of car accident claims in Queensland, detailing the types of claims, what you can claim, time limitations, and the step-by-step process for lodging a claim.

The Types of Motor Vehicle Accident Claims

Claims pertaining to motor vehicle accidents in Queensland can be divided into multiple categories. Knowing these classifications can help you determine what to do in the event of an accident and what kind of compensation you may be eligible for. Please note that in Queensland, you are eligible for a claim only if you’re not at fault. How your claim is handled depends in large part on the nature of the accident and the parties involved.

In Queensland, there are several types of motor vehicle accident claims that can be made, depending on the circumstances. These include:

CTP (Compulsory Third Party) Claims: For personal injury compensation if you are not at fault in the accident. This covers medical expenses, rehabilitation, and compensation for loss of income due to injury.

At-Fault Claims: If you’re at fault in an accident, you can generally only claim for damage to your vehicle or property if you have comprehensive insurance. CTP will still cover the injuries of other parties.

Uninsured or Unidentified Vehicle Claims: If you are involved in an accident with an uninsured or unidentified vehicle (e.g., a hit-and-run), you can make a claim through the Nominal Defendant scheme.

Whiplash and Soft Tissue Injury Claims: These are common claims for soft tissue injuries resulting from rear-end collisions or other accidents.

Property Damage Claims: For compensation related to damage to your vehicle or property, which would generally be covered under your comprehensive insurance.

Work-Related Motor Vehicle Claims: If you are involved in a motor vehicle accident while working or commuting, you may also be able to claim under workers’ compensation insurance in addition to any CTP claims.

Each type of claim has different requirements and coverage, depending on the situation and the insurance policies involved.

What Can You Claim for Car Accident Claims?

In the event of a vehicle accident, you can be eligible for a number of different forms of compensation.

It’s critical that you know the entirety of what you can claim so that you get the assistance and financial relief you require. These types of claims are intended to help you recover and start over by paying for a variety of accident-related losses and expenses.

These include:

Medical Expenses: Costs for immediate and ongoing medical treatment.

Lost Income: Compensation for lost wages due to inability to work.

Pain and Suffering: Non-economic damages for physical and emotional distress.

Rehabilitation Costs: Expenses for physical therapy and other rehabilitation services.

Property Damage: Costs to repair or replace damaged property.

Are There Time Limitations for Car Accident Claims?

Yes, there are strict time limitations for lodging car accident claims in Queensland.

Generally, you must send a Notice of Accident Claim form within nine months of the accident or within one month of consulting our lawyers at Revolution Law, whichever comes first. If the at-fault vehicle was unregistered or unidentified, you have only nine months to lodge a claim. Failing to meet these deadlines can result in losing your right to claim compensation.

How to Claim for Car Accident Claims in Queensland

Navigating the process of making a car accident claim in Queensland can feel complex, but understanding the essential steps makes it much simpler. If you’ve been involved in a car accident and need to claim for injuries or damages, it’s important to know your rights and the procedures to follow. Whether it’s for vehicle damage, medical expenses, or other losses, this guide will walk you through the process of lodging a claim in Queensland.

1. Gather Evidence:

Gather all relevant evidence from the accident scene, including photographs, videos, witness statements, and police reports. This documentation is crucial for supporting your claim

2. Notify the Insurer:

Inform your insurer about the accident as soon as possible. Provide them with all the collected evidence and details of the incident. This step is essential for initiating the claims process.

3. Contact Our Lawyers at Revolution Law:

Seek legal advice from our experienced personal injury lawyers. We can guide you through the complex claims process, ensuring you understand your rights and responsibilities under Queensland laws.

4. Lodge a Claim:

Complete and submit the Notice of Accident Claim form to the relevant insurer. Our lawyers can assist you in accurately filling out this form to avoid any potential errors that could impact your claim.

5. Negotiate a Settlement:

Engage in settlement negotiations with the insurer. Your lawyer will help you negotiate a fair settlement that covers all your damages and losses. Most car accident claims in Queensland are resolved through mediation and negotiation.

6. Court Proceedings (if required):

If a fair settlement cannot be reached, you may need to take your case to court. Our lawyers can represent you in court, presenting your case to seek the compensation you deserve.

What is the Average CTP Payout in Queensland?

The average Compulsory Third Party (CTP) insurance payout in Queensland varies based on the severity and circumstances of the accident. Here is a range of the average payout:

Type of Injury	Average Payout Range (AUD)
Minor Injuries	$10,000 – $50,000
Moderate Injuries	$50,000 – $150,000
Severe Injuries	$150,000 – $500,000
Catastrophic Injuries	$500,000 – $1,000,000+

Disclaimer: These figures are indicative and can vary significantly based on individual circumstances. It is always essential to seek legal advice for an accurate assessment of your claim.

How Revolution Law Can Assist You with Car Accident Claims

Navigating the complexities of car accident claims in Queensland can be overwhelming. Revolution Law is here to help you every step of the way. With extensive experience in handling car accident claims, our team of dedicated lawyers will ensure you receive the compensation you deserve.

Contact Revolution Law today to discuss your case and take the first step towards securing your future. For more information and to get started with your claim, visit Revolution Law.

A Guide to Medical Negligence Claims in QLD

Revolution Law2024-10-21T20:37:11+10:0021/10/2024|Featured|

Medical negligence, also known as medical malpractice, can have serious consequences for patients, affecting their physical health, emotional well-being, and financial stability.

In Queensland, the law allows individuals to seek compensation when a healthcare provider’s failure to meet the accepted standard of care leads to injury or harm. Navigating a medical negligence claim can be complex, which is why consulting with an experienced medical negligence lawyer is essential.

This guide breaks down everything you need to know about medical negligence claims in Queensland—from establishing a claim to pursuing legal action—empowering you to make informed decisions about your rights and potential compensation.

Can you sue for Medical Negligence in Queensland?

Yes, you can pursue a medical negligence claim in Queensland. Medical negligence occurs when a healthcare provider fails to meet the standard of care expected, resulting in harm to the patient. In Queensland, such claims are addressed under common law principles through civil litigation.

What is the criteria to prove medical negligence?

To establish a claim for medical negligence in Queensland, the following elements must typically be proven :

Duty of Care : The healthcare provider owed a duty of care to the patient. This duty is inherent in the patient-provider relationship and requires the provider to adhere to a certain standard of care expected in their profession.
Breach of Duty : The healthcare provider breached the duty of care by failing to meet the accepted standard of care. This breach could involve errors in diagnosis, treatment, surgery, medication administration, or failure to warn about potential risks.
Causation : The breach of duty directly caused or contributed to the harm suffered by the patient. It must be demonstrated that the harm would not have occurred in the absence of the provider’s negligence.
Damages : The patient suffered damages as a result of the provider’s negligence. These damages can include physical injuries, emotional distress, financial losses, and other related hardships.

It’s important to note that not every adverse outcome or medical error constitutes medical negligence. Medicine is not an exact science, and healthcare providers are not expected to achieve perfect outcomes in every case.

However, they are required to exercise reasonable care and skill in their practice.

Navigating the Legal Process of making a Medical Negligence Claim

In Queensland, medical negligence claims are typically resolved through civil litigation. Patients who believe they have been victims of medical negligence can seek compensation for their damages by filing a lawsuit against the responsible healthcare provider or institution.

The legal process for medical negligence claims in Queensland often involves the following steps :

Investigation : The patient consults with a lawyer specializing in medical negligence to assess the viability of their case. The lawyer conducts a thorough investigation, gathering medical records, expert opinions, and other evidence to support the claim.
Notice of Claim : Before commencing legal action, the patient must provide a Notice of Claim to the healthcare provider or institution alleged to be responsible for the negligence. This initiates a pre-action procedure aimed at facilitating early resolution or clarification of issues.
Court Proceedings : If the claim is not resolved through negotiation or alternative dispute resolution methods, such as mediation, the matter may proceed to court. Both parties present their case before a judge who ultimately determines liability and awards damages if the claim is successful.
Appeal : Either party may appeal the court’s decision if they believe there are grounds for appeal based on errors of law or procedure.

Seeking Legal Advice for A Medical Negligence Matter

If you believe you have been a victim of medical negligence in Queensland, it’s essential to seek legal advice from a reputable law firm specialising in medical malpractice.

At Revolution Law we are so proud to have the esteemed Olamide Kowalik who is wildly renowned for her medical negligence expertise. An experienced lawyer like Olamide, can assess the merits of your case, guide you through the legal process, and advocate on your behalf to secure fair compensation for your injuries and losses.

Lawyer vs Solicitor vs Attorney vs Barrister – What’s the Difference

Revolution Law2024-10-10T11:57:51+10:0010/10/2024|Featured|

In Queensland, you may be uncertain about which legal expert to consult when you have a legal concern. Is it better to look for a barrister, attorney, solicitor, or lawyer?

It’s important to grasp these differences in order to ensure that you receive the appropriate legal counsel because the legal system can be complicated. Although many Australians use these phrases interchangeably, the Queensland legal system distinguishes between these professions in a significant way. This ambiguity may make it difficult to know who to contact for particular legal issues, which could cause delays or inefficiencies in taking care of your legal requirements. Fortunately, you can navigate the legal system more skillfully if you are aware of the distinct responsibilities that solicitors, lawyers, lawyers and barristers undertake.

At Revolution Law, we can make sure you get the best and most specialised legal help for your circumstances by knowing who to consult. For residents of Queensland seeking legal assistance, our team of top personal injury lawyers in Brisbane can guide you through this process.

We offer a no-fault claim service to ensure you get the help you need without added stress, regardless of whether you need a lawyer, solicitor, or barrister.

What is a Lawyer and When Do You Need One?

In Australia, ‘lawyer’ is a broad term encompassing legal professionals who have been admitted to the legal profession. This includes solicitors, barristers, and legal executives. To become a lawyer, one must complete a law degree, obtain a Graduate Diploma in Legal Practice (GDLP), be admitted to the Legal Profession, and hold a Practising Certificate. Lawyers often specialise in specific areas of law, such as contract law, property law, or personal injury law. You might need a lawyer when facing any legal issue, from drafting contracts to representing you in court.

In Queensland, if you’re dealing with a personal injury claim, contacting a lawyer at Revolution Law can be your first step towards understanding your legal rights and options.

What is a Solicitor and When Do You Need One?

A solicitor is a type of lawyer who has completed a law degree, obtained a practising certificate, and been admitted to legal practice. In Queensland, as in the rest of Australia, most solicitors simply refer to themselves as lawyers.

Solicitors manage day-to-day legal affairs for clients and are usually the first point of contact when an individual or business needs legal services. They can help with various legal matters, including contracts, disputes, business sales, or intellectual property issues. For instance, in a criminal case, a solicitor will offer advice and help define the best course of action. They may also draft letters, handle your initial appointment, and gather court documents or evidence. While solicitors are trained to represent clients in court, they may engage a barrister for more complex court appearances.

What is a Barrister and When Do You Need One?

A barrister is a type of lawyer who specialises in advocacy, particularly in court appearances. Barristers typically become involved in a legal case when it goes to court. They are experts in representing clients and advocating for their interests in court proceedings.

To become a barrister, a lawyer must pass the Bar Exam in their respective state, study the bar course, and undertake a readership with a senior Barrister. Barristers are known for their expertise in courtroom procedures and etiquette, which is crucial for effectively representing a client’s case. Generally, barristers are retained through a solicitor. They may meet with you before your court appearance but usually don’t communicate with you directly. You might need a barrister if your case is going to trial or involves complex legal arguments that require specialised courtroom advocacy.

What is an Attorney and When Do You Need One?

In Australia, the term ‘attorney’ is not commonly used in the same way as it is in the United States. Here, ‘attorney’ typically refers to specific roles such as a trademark attorney or a power of attorney.

A trademark attorney is a specialist in intellectual property law, particularly in registering and protecting trademarks. They don’t represent clients in court like solicitors and barristers do. If you need assistance with trademark registration or other intellectual property matters, you might seek the services of a trademark attorney. A power of attorney, on the other hand, is a legal document that allows someone to make decisions on your behalf, rather than referring to a legal professional.

What Are the Differences Between a Lawyer, Attorney, Barrister, Solicitor?

Here’s a table highlighting the key differences between these legal professionals in Queensland:

Aspect	Lawyer	Solicitor	Barrister	Attorney
Definition	Broad term for legal professionals	Provides general legal services	Specialises in court advocacy	Typically refers to trade mark attorneys in Australia
Education	Law degree + GDLP (Graduate Diploma of Legal Practice)	Law degree + GDLP (Graduate Diploma of Legal Practice)	Law degree + GDLP (Graduate Diploma of Legal Practice) + Bar exam	Specialised qualifications in intellectual property
Primary Role	Varies (can be solicitor or barrister)	Client consultation, legal advice, case preparation	Court representation, legal arguments	Intellectual property matters
Court Appearances	Depends on specialisation	Can appear in lower courts	Specialises in court appearances	Does not appear in court
Client Interaction	Direct	Direct	Usually through a solicitor	Direct for IP (Intellectual Property) matters
Specialisation	May specialise in specific areas	Often general practice or specific areas	Advocacy and specific areas of law	Intellectual property law

Choose our Legal Professionals at Revolution Law

It can be difficult to find your way through the legal system, but knowing what each legal expert does is the first step in receiving the assistance you need. Your particular legal position will determine whether you require the services of a lawyer, solicitor, barrister, or attorney.

At Revolution Law, we offer a team of experienced personal injury lawyers in Brisbane who can guide you through the complexities of the legal system. Our professionals are well-versed in Queensland law and can provide the specialised assistance you need, whether that’s as a solicitor preparing your case or engaging a barrister for court representation if necessary. We understand that dealing with legal issues, especially personal injury claims, can be stressful. That’s why we offer a no-fault claim service to ensure you get the help you need without added stress. Our team is committed to providing clear, professional advice and representation, ensuring you understand each step of the legal process.

Remember, whether you need a lawyer, solicitor, barrister, or attorney, the most important thing is to seek legal help when you need it. At Revolution Law, we’re here to help you navigate your legal journey and achieve the best possible outcome for your situation. Contact us today for a free consultation and let us put our expertise to work for you.

Ryan’s Rule and Your Rights to a Second Medical Opinion

Revolution Law2024-09-24T23:14:10+10:0012/09/2024|Articles, Medical|

Navigating the healthcare system can be overwhelming, especially when you or a loved one isn’t seeing the progress you’d hoped for. It’s normal to feel stressed and anxious, particularly when communication with medical staff feels lacking or unresponsive.

In these moments, it can feel as though your concerns are being dismissed or overlooked, adding to an already challenging situation.

This is where Ryan’s Rule comes into play. Ryan’s Rule allows patients and their families to express their concerns and request a second opinion, ensuring you get the necessary attention when things aren’t progressing as they should.

However, in cases where invoking Ryan’s Rule doesn’t lead to the necessary medical intervention or if harm results from a lack of appropriate care, this may point to a failure in duty of care. At Revolution Law, our experienced medical negligence lawyers in Brisbane are here to help. We offer expert advice and representation to ensure your rights are protected, and we can assist you in pursuing a claim if your concerns were ignored or mishandled.

This article will explore how Ryan’s Rule works, its applicability across Australia, and why it applies to both adults and children. We’ll also discuss how medical negligence lawyers can step in when the system fails to provide the care you deserve.

What is Ryan’s Rule?

Ryan’s Rule was established following the tragic death of Ryan Saunders, a 3 year old who passed away from an undiagnosed Streptococcal infection in a Queensland hospital.

His death, deemed preventable, highlighted significant gaps in the healthcare system where patient and family concerns were not being adequately addressed.

In response, Queensland Health introduced Ryan’s Rule in 2013 to ensure that patients and their families could escalate their concerns and request a clinical review if they felt their concerns were not being heard.

Steps for Initiating Ryan’s Rule

When you’re in a hospital, you expect that the medical team will closely monitor your or your loved one’s condition and take swift action if things aren’t improving.

However, there are times when a patient’s condition may worsen, or progress may stall, and you feel that your concerns aren’t being fully addressed. This is where Ryan’s Rule becomes crucial.

Important Note: The specific steps outlined below for Ryan’s Rule are specific to Queensland only. Ryan’s Rule is a Queensland Health initiative, and the process, including the 13 HEALTH phone number, is specific to Queensland hospitals.

Ryan’s Rule is a three-step process designed to ensure that your concerns are taken seriously and that a clinical review is promptly conducted when necessary:

Step 1:

Start by speaking directly to the attending nurse, midwife, or doctor about your concerns. They are the first point of contact and are responsible for addressing any immediate issues.

Step 2:

If you’re not satisfied with the response, escalate your concerns to the nurse in charge of the shift or the hospital’s liaison officer. They have more authority and can intervene to ensure the appropriate care is being provided.

Step 3:

If the issue still isn’t resolved, you have the right to request a Ryan’s Rule Clinical Review by calling 13 HEALTH (13 43 25 84).

When you make this call, be ready to provide specific information, including the hospital name, the patient’s name, their ward and bed number, and your contact details. This triggers a formal review of the patient’s condition by a senior medical officer.

Ryan’s Rule empowers you to advocate for the best possible care, ensuring that any concerns are escalated appropriately and that no stone is left unturned in your or your loved one’s treatment.

How to Get Help in Queensland?

To invoke Ryan’s Rule in Queensland, follow the aforementioned steps.

If you reach Step 3, calling 13 HEALTH(13 43 25 84) will trigger a clinical review by a senior clinician who will assess the situation, either in person or via telehealth for remote locations.

This process ensures that patient concerns are addressed promptly and effectively.

Is Ryan’s Rule Australia Wide?

While Ryan’s Rule is specific to Queensland, similar processes exist in other states:

New South Wales: The REACH program (Recognise, Engage, Act, Call, Help is on its way) allows patients and families to escalate concerns in some hospitals.
Australian Capital Territory: The CARE program (Call and Respond Early) at Canberra Hospital provides a similar escalation process.
Victoria and Western Australia: While there is no direct equivalent to Ryan’s Rule, patients can contact Patient Liaison Officers for assistance. Western Australia also offers advocacy services through the Health Consumers’ Council.

Does Ryan’s Rule Apply to Adults?

Yes, Ryan’s Rule applies to patients of all ages, not just children. This common misconception arises from the rule’s origin, but it is designed to ensure that all patients in Queensland public hospitals can have their concerns addressed.

Valuable Resources

For more information and resources related to patient rights and escalation processes, consider the following:

Queensland: Ryan’s Rule Information
New South Wales: REACH program details available at local hospitals
Australian Capital Territory: CARE program at Canberra Hospital
Victoria: Support and Advice in Hospital, with Patient Liaison Officers at individual hospitals
Western Australia: Health Consumers’ Council for advocacy services

Ryan’s Rule and Revolution Law

At Revolution Law, we understand the importance of patient advocacy and the right to a second medical opinion.

Ryan’s Rule empowers patients and families to ensure their voices are heard in the healthcare system.

If you believe your concerns are not being addressed, remember that Ryan’s Rule is a valuable tool at your disposal.

If you need further assistance or legal advice, get in touch with Brisbane’s best personal injury lawyers at Revolution Law for support and guidance. We offer a no-fault claim service to ensure you get the help you need without added stress.

Workcover Permanent Impairment Payout Amounts in QLD

Revolution Law2024-08-14T22:17:28+10:0006/08/2024|TPD, Workers Rights|

If you’ve suffered a work-related injury or illness in Queensland that’s left you with a permanent impairment, you might be eligible for a lump sum payout at the end of your WorkCover claim. Knowing the permanent impairment payout amounts in QLD is key to making sure you get what you deserve. That’s why it’s important to get advice from experienced WorkCover lawyers in Brisbane. And if your injury has resulted in total and permanent disability, talking to TPD lawyers in Brisbane can help you understand your rights and guide you through the legal process.

Examples of Common Work-Related Injuries in Queensland

Bulging discs from lifting heavy boxes
Foot run over by a forklift
Falling off scaffolding
Tripping on a shoelace resulting in injured ankle
Slipping over causing a back injury
Being injured from assault, where a person is physically attacked by a person, for example hitting
Shoulder strain from repetitively lifting heavy objects up high

WorkCover Compensation Process in Queensland

Lodging a WorkCover claim in Queensland involves submitting your claim, which can be approved or rejected. Approved claims cover wages and medical treatment; rejected claims can be appealed. After the statutory claim ends, you’ll be assessed for permanent impairment and offered a lump sum. For impairments under 20%, accepting the lump sum means no further compensation, but rejecting it allows a Common Law Claim. For impairments over 20%, you can accept the lump sum and still pursue a Common Law Claim. Seek legal advice before making any decisions to ensure you understand your options.

Important Legal Terms

Statutory Claim

This is the initial claim that injured workers make through WorkCover. This is a no-fault insurance scheme so even if you have been injured due to your own mistake, you can still access the benefits and final lump sum offer that the statutory claim offers. The statutory claim compensation is typically lower than what you can potentially obtain through a common law claim.

Common Law Claim

This is a claim that injured workers may be able to lodge after finishing their statutory claim. Unlike the statutory claim, the common law claim does consider who is at fault for the injury so not everyone can proceed with this claim.

If your DPI is under 20% you must decide whether to accept the lump sum compensation offer or proceed with a common law claim. A common law claims compensation is far more tailored to the injured individual and generally has a much higher compensation payout.

Free Legal Advice

Have a free chat on the phone with one of our lawyers to help determine which of the three statutory claim finalisation options is the most appropriate for your circumstances.

Key Insights on WorkCover DPI Assessments and Compensation

Sometimes WorkCover won’t organize organise for you to receive Degree of Permanent Impairment (DPI), and you have to request this medical assessment.
It is extremely rare to obtain a DPI of over 20%.
Receiving between 0% to 5% is the most common percentage of impairment for injured workers.
If you received a 0% DPI or no DPI, you may still be entitled to compensation.
Doctors vary in their DPI assessment outcome. We like to obtain independent medical examinations for our clients, and these often result in a different DPI outcome to the assessment organised by WorkCover.
Workers who made a common law claim had the average payout of $188,794.00 in 2023.

WorkCover Permanent Impairment Compensation Payout Amounts in QLD

For the statutory claim lump sum offer, WorkCover uses Australia’s annual ordinary earnings to calculate permanent impairment payout amounts in QLD. This figure is revised every year on 1 July to keep it relevant.. This is revised every year on 1 July to keep it relevant.

Depending on the degree of impairment, the lump sum compensation can range from $3,805 to $761,150. However, do note that this amount may vary based on other factors.

1%-29 % Degree of Permanent Impairment

Degree of Impairment	Lump Sum Compensation
1%	$ 3805.75
2%	$7,611.50
3%	$ 11,417.25
4%	$15,223
5%	$19,028.75
6%	$22,834.5
7%	$26,640.25
8%	$30,446
9%	$34,251.75
10%	$38,057.5
11%	$41,863.25
12%	$45,669
13%	$49,474.75
14%	$53,280.5
15%	$57,086.25
16%	$60,892
17%	$64,697.75
18%	$68,503.5
19%	$72,309.25
20%	$76,115
21%	$79,920.75
22%	$83,726.5
23%	$87,532.25
24%	$91,338
25%	$95,143.75
26%	$98,949.5
27%	$102,755.25
28%	$106,561
29%	$110,366.75

30%-100 % Degree of Permanent Impairment (+ additional compensation)

30%	$114,172.5 + $14,349.71
31%	$117978.25 + $22,484.14
32%	$121,784.00 + $30, 618.57
33%	$125,589.75 +$38,753.01
34%	$129,395.50+ $46,887.44
35%	$133,201.25+ $55,039.48
36%	$137,007.00 + $63,173.92
37%	$140,812.75 + $71,308.35
38%	$144,618.5 + $79,442.78
39%	$148,424.25 + $87,594.83
40%	$152,230 + $95,729.26
41%	$156,035.75 + $103,863.69
42%	$159,841.5 + $111,998.13
43%	$163,647.25 + $120,132.56
44%	$167,453.00 + $128, 284.60
45%	$171,258.75 + $136,419.04
46%	$175,064.5 + $144,553.47
47%	$178,870.25 + $152,705.51
48%	$182,676.00 + $160,839.95
49%	$186,481.75 + $ 168,974.38
50%	$190,287.5 + $177,108.81
51%	$194,093.25 + $185,243.25
52%	$197,899.00 + $193,377.68
53%	$201,704.75 + $201,523.72
54%	$205,510.5 + $209,664.16
55%	$209,316.25 + $217,798.59
56%	$213,122 + $225,933.05
57%	$216,927.75 + $234,085.07
58%	$220,733.50 + $242,219.50
59%	$224,539.25 + $250,353.93
60%	$228,345.00 + $258,505.974
61%	$232,150.75 + $266,640.41
62%	$235,956.50 + $274,774.84
63%	$239,762.25 + $282,909.27
64%	$243 568.25+ $291,061.32
65%	$247, 373.75 + $299,195.75
66%	$251,179.5 + $307,330.19
67%	$254,985.25 + $315,464.61
68%	$258,791.00 + $323,616.66
69%	$262,596.75 + $331,751.09
70%	$266,402.5 + $339,885.53
71%	$270,208.25 + $ 348,019.96
72%	$274,014 + $ 356,154.40
73%	$277,819.75 + $364,306.44
74%	$281,625.5 + $372,440.87
75%	$285,431.25 + $380,575.305
76%	$289,237.00 + $380,575.305
77%	$293,042.75 + $380,575.305
78%	$296,848.5+ $380,575.305
79%	$300,654.25 +$380,575.305
80%	$304,460.00+$380,575.305
81%	$308,265.75 +$380,575.305
82%	$312,071.5+$380,575.305
83%	$315,877.25+$380,575.305
84%	$319,683.00+$380,575.305
85%	$323,488.75+$380,575.305
86%	$327,294.50+$380,575.305
87%	$331,100.25+$380,575.305
88%	$334,906.00+$380,575.305
89%	$338,711.75+$380,575.305
90%	$342,517.50+$380,575.305
91%	$346,323.25+$380,575.305
92%	$350,129.00+$380,575.305
93%	$353,934.75+$380,575.305
94%	$357,740.50+$380,575.305
95%	$361,546.25+$380,575.305
96%	$365,352.00+$380,575.305
97%	$369,157.75+$380,575.305
98%	$372,963.50+$380,575.305
99%	$376,769.25+$380,575.305
100%	$380,575.00+$380,575.305

Lump Sum Compensation for Gratuitous Care

If you have been assessed with a DPI of 15% or greater you may be able to access Gratuitous Care compensation. Gratuitous care is when you have at least a moderate level of dependency on day-to-day care.

This additional compensation can range from $3,503 up to $402,372.771 depending on Degree of Permanent Impairment and whether an Occupational Therapist has assessed your range of dependency as moderate or severe.

If you have suffered an injury at work, our WorkCover Lawyers are available to meet with you, your outcome is our priority.

Choose Revolution Law for Permanent Impariment Payouts

If you have suffered an injury at work, our senior personal injury lawyers are available to meet with you. Your outcome is our priority, and we are committed to providing you with the support you need every step of the way, including understanding permanent impairment payout amounts in QLD.

To get in touch with us, simply fill out the contact form on our website, and one of our dedicated team members will reach out to you promptly. We offer personalised consultations to discuss your case and explore the best possible solutions. At Revolution Law, we are here to ensure you receive the justice and compensation you deserve.

A Guide To Common Law Claims in Queensland

Revolution Law2024-08-20T11:39:31+10:0016/07/2024|Uncategorized|

If you’ve suffered an injury, whether at work, on the road, in a public place, or within a hospital, understanding your rights and potential compensation options is crucial. In Queensland, common law claims provide an avenue for seeking additional compensation beyond the statutory benefits offered by the workers’ compensation scheme. Let’s explore common law claims and their implications. It will also provide information on how a personal injury lawyer in Brisbane can help you with your common law claim.

What Is a Common Law Claim?

A common law claim is a way for individuals who have been injured due to someone else’s negligence to seek justice and compensation. If you’ve suffered an injury because of someone else’s actions, this claim allows you to pursue financial support for things like medical bills, lost wages, and the pain and suffering you’ve endured. Whether it’s from a car accident, a workplace incident, or a public place mishap, a common law claim gives you a chance to hold the responsible party accountable. It’s important to have the right legal guidance to navigate this process and ensure your rights are protected.

Who is eligible for a common law claim?

In Queensland, to be eligible for a common law claim, you must have sustained an injury due to another party’s negligence. This includes injuries from motor vehicle accidents, workplace incidents, public liability, and medical negligence. For workplace injuries, you generally need to go through the workers’ compensation process first. Consulting a personal injury lawyer is essential to navigate these requirements and assess your eligibility.

What Is The Average Common Law Claim Payout In Queensland?

In Queensland, the average payout for a common law claim varies based on several factors, including the nature of the injury, age, occupation, and future medical needs.

For workplace accidents, WorkCover Queensland statistics indicate an average common law payout of approximately $168,83612. For those in Brisbane seeking to navigate the complexities of such claims, consulting with workers compensation lawyers in Brisbane can be instrumental in securing a fair settlement.

How To Apply For A Common Law Claim?

To apply for a common law claim, you must follow these steps:

common law application process

1. Consult a Lawyer

Start by consulting a qualified personal injury lawyer in Queensland for tailored advice and to understand your rights.

2. Submit Notice of Claim for Damages

Submit a Notice of Claim for Damages under the Personal Injuries Proceedings Act 2002 (PIPA) with your lawyer’s assistance, detailing your injury and claimed damages.

3. Ensure Notice Compliance

Ensure the notice complies with all statutory requirements and deadlines to avoid delays or dismissal of your claim.

4. Gather Evidence

Collect relevant evidence such as medical records, witness statements, and photos of the accident scene to support your claim.

5. Independent Medical Examination

Attend an independent medical examination if requested by the respondent. The findings will be used to assess your claim.

6. Negotiate and Make Offers

Engage in negotiations with the respondent or their insurer to reach a fair settlement, with your lawyer facilitating the process.

7. Accept or Reject Offer

Consider settlement offers carefully. Your lawyer will advise if the offer is fair. Accept if satisfactory; reject and prepare for court if not.

8. Prepare for Court if Necessary

If no settlement is reached, prepare for court by filing legal documents and building your case. Your lawyer will represent you in court.

9. Seek Further Legal Assistance

Continue to seek your lawyer’s advice throughout the process to ensure compliance with legal requirements and to achieve the best outcome.

Remember that the common law claim process can be complex, and seeking professional legal assistance is crucial. At Revolution Law, we’re here to help you navigate the intricacies and secure the compensation you deserve.

How Long Does A Common Law Claim Take?

The duration of a common law claim in Queensland can vary based on several factors, including the complexity of the case, negotiations, and court proceedings. Here’s what you can expect:

1. From our extensive experience:

Common law claims on average take between 15-18 months

In rare circumstances, common law claims can settle as early as 8 months or can span out over many years if there is a trial.

2. Time Limits:

It’s crucial to be aware of time limits:

Lodging a claim: A workers’ compensation claim must be lodged within 6 months of sustaining the injury or becoming entitled to compensation (e.g., requiring medical expenses or time off work due to incapacity)
Commencing court proceedings: If pursuing a common law claim, court proceedings must be initiated within 3 years from the date of the accident or injury; otherwise, the claim may be lost.

3. Legal Representation:

The common law process is complex, and legal representation is essential. Seek advice from experienced personal injury lawyers in Brisbane.

Is There A time Limit To Apply For A Common Law Claim?

In Queensland, Australia, the law stipulates a time frame within which you must initiate a common law claim. This period, known as the limitation period, is three years from the date you were injured or became aware of your injury.

However, there are exceptions where this time frame can be extended. It’s crucial to get legal advice to understand these nuances and protect your rights. If you don’t start your claim within this time frame, you may lose your right to claim damages. This is often referred to as being “statute barred”.

The process of filing a common law claim can be intricate, and it’s generally beneficial to have a legal representative. They can guide you through the process, including the submission of a notice of claim for damages.

Keep in mind, every case is different and the information provided here is a general guide. It’s always best to seek professional legal advice tailored to your specific situation.

How Revolution Law can help with your Common Law Claims

Revolution Law, with our team of experienced legal professionals, can be your trusted partner in navigating the complexities of your legal claim. By understanding the intricacies of the law we’re committed to fighting for your rights.

Whether it’s understanding the limitation period, filing a notice of claim, or negotiating a settlement, Revolution Law can provide the guidance you need. Making the process less daunting, ensuring you’re well-informed at every step.

At Revolution Law, we’re driven by a passion for justice, backed by extensive experience and knowledge, and a steadfast commitment to achieving the best results for our clients. With us, you’re never just a case number – your story is what matters most, and it’s our top priority. Reach out to Revolution Law and take the first step towards securing your future.

A Guide to WorkCover Claim in QLD

Revolution Law2024-11-26T16:26:39+10:0011/06/2024|Workers Rights|

If you have suffered a work injury in Queensland that has left you unable to work, you may be eligible for a WorkCover claim. A workers compensation claim can provide financial support and peace of mind as you recover from your work-related injury.At Revolution Law, we specialise in personal injury law and offer expert guidance to ensure you receive the benefits you deserve. We are a dedicated team of workers compensation lawyers in Brisbane with over 23 years of combined average experience, committed to protecting your rights and making the workers compensation claims process in Queensland as smooth as possible for you.

Workers Compensation Claim in Queensland

If you experience an injury, illness, or mental health issue because of your job in Queensland, you might qualify to file a workers compensation claim under WorkCover Queensland. This system is in place to help you get back on your feet by providing financial support and medical care during your recovery.

WorkCover covers a number of work-related injuries and situations, such as:

Getting hurt while doing your job
Injuries that happen while travelling to or from work
Incidents that occur during work-related travel
Accidents at work events or activities

If your WorkCover claim is approved, you can receive weekly payments to replace lost wages and coverage for your medical expenses. This includes costs for physiotherapy, rehabilitation, doctor visits, surgeries, and any other necessary treatments.

The goal is to help you recover without the burden of financial worries, allowing you to focus on your health and return to work when you are ready.

Who is Eligible for a WorkCover Claim?

Casual workers, part-time and full-time employees, and in some cases, subcontractors and volunteers, may also be eligible for claims.

Eligibility for a worker cover claims in Queensland hinges on several factors. To qualify, an individual must be an employee who has sustained an injury or illness due to their employment.

Aspects of eligibility include:

Physical injuries
Psychological disorders
Aggravation of pre-existing conditions
Diseases contracted in the course of employment

How to Apply for a WorkCover Claim in Queensland

The process of applying for a WorkSafe claim in Queensland involves several steps:

Seek Medical Attention: Your health is the priority. Obtain treatment and ensure your injury is documented by a medical professional.
Notify Your Employer: Inform your employer about the injury as soon as possible. This is crucial for the documentation process.
Lodge a Claim with WorkSafe Queensland: Fill out the necessary work cover claim form provided by WorkSafe or download it from their website. Include all relevant medical documentation and reports.
Assessment of Your Claim: WorkSafe will assess your claim, which may involve further medical examinations and workplace investigations.
Claim Outcome: You will be notified of the outcome. If approved, you will receive compensation. If not, you can seek legal advice on the next steps.

How Much Compensation Can I Get for My Workplace Injury?

The amount of compensation you can receive for a workplace injury in Queensland varies. It depends on the severity of the injury, the impact on your earning capacity, and the costs of medical treatment and rehabilitation

WorkSafe Queensland provides a range of benefits, including weekly payments, lump-sum settlements for permanent impairment, and coverage for medical and rehabilitation expenses.

Here’s a visual table summarising the compensation details for workplace injuries in Queensland:

Aspect of Compensation	Details
Weekly Compensation (Temporary Incapacity)	Up to 26 weeks: 85% of NWE or the amount under the industrial instrument. Between 26 weeks and 104 weeks: 75% of NWE or 70% of QOTE. 104 weeks onwards: Depends on the degree of impairment.
Permanent Impairment (Lump-Sum Settlements)	Based on the degree of impairment as assessed by a medical practitioner and expressed as a percentage. The amount increases with the degree of impairment.
Medical and Rehabilitation Expenses	Covers hospital stays, medication, and rehabilitation costs, regardless of fault. Designed to assist in recovery and rehabilitation process.
Application Time Limit	Claims should be applied for as soon as possible after the injury or illness occurs, and within six months from the date of the injury or the onset of the illness.

This table encapsulates the key aspects of compensation available for workplace injuries in Queensland, including the basis for weekly compensation, lump-sum settlements for permanent impairment, and coverage for medical and rehabilitation expenses, alongside the critical timeline for application submission.

Is There a Time Limit to Making a WorkCover Claim?

Yes, there are time limits for making a WorkSafe claim in Queensland. Generally, you should apply as soon as possible after the injury occurs. However, the statutory time limit is within six months from the date of the injury or the onset of the illness. In certain circumstances, extensions can be granted, but it’s crucial to act promptly to ensure your claim is lodged within the allowable time frame.

Some Common FAQs

What should I do if my WorkCover claim is rejected?

Seek legal advice with Revolution Law immediately. Our lawyers can help you understand the reasons for rejection and guide you through the appeals process.

Can I return to work while receiving WorkCover benefits?

Yes, you can return to work in a reduced capacity or different role that accommodates your recovery, often as part of a rehabilitation plan.

Does WorkCover cover psychological injuries?

Yes, psychological injuries that are work-related, such as stress or anxiety, are covered under Queensland’s workers compensation laws.

Can I choose my own doctor for WorkCover claims?

Yes, you have the right to choose your own doctor for your WorkSafe medical assessments and treatments.

Navigating Workers Compensation Claims in QLD

Workers compensation is a vital safety net for employees in Queensland. Understanding your rights and the claims process is essential for any worker facing injury or illness due to their job.

If you’re navigating the complexities of a workers compensation claim in Queensland, Revolution Law can help. Our team of experienced personal injury lawyers specialises in workers compensation and will work with you directly to ensure you receive the compensation you deserve. Our obligation-free consultation offers a starting point for those seeking justice and compensation for workplace injuries.

With the support of Revolution Law, you can confidently pursue the benefits you are entitled to and focus on your recovery and return to work.

What is Work Cover

Revolution Law2023-01-08T18:25:17+10:0006/01/2023|Injury, Uncategorized, Workers Rights|

What is Work Cover?

WorkCover Queensland is an insurance company that provides workers’ compensation insurance.

An employer pays annual premiums to cover their employees.

Are injured workers still eligible for compensation if your employer is uninsured?

YES! If Workcover is required to pay your worker’s injury claim, and your employer is uninsured or under-insured, they can recover from your employer the amount they have paid out on the claim, plus a further penalty.

Accident insurance is compulsory if you employ workers in Queensland.

Can your employer charge you for having Workers’ Compensation Insurance?

NO! It is an offence to charge a worker (directly or indirectly) for the cost of workers’ compensation or damages. ANY AMOUNT paid for a work injury claim can be recovered and a fee imposed.

Can your boss sack you for being injured at work?

NO! Workers who have work-related injuries are protected by legislation. This includes protecting them from dismissal within 12 months of sustaining a workers injury.

Does your boss have to provide rehabilitation if you are injured at work?

YES! Your employer must provide you with workplace rehabilitation in case of a claim. They should support you in getting better and back to work safely and as early as possible.

What types of Injuries are covered by WorkCover?

physical injuries – cuts, lacerations, burns,
penetrating wounds, broken bones or fractures
psychological and psychiatric injuries – depression, anxiety, post-traumatic stress disorder
diseases – industrial deafness, Q-work related respiratory diseases, such as asbestosis, silicosis, and others
aggravated injury or ongoing symptoms
critical injuries or work-related fatalities.

I was injured on the way to work -am I still covered?

YES – You are covered

At your workplace
Travelling between worksites
While working interstate and overseas.
Travelling between work and home (“journey claim”).

What about if the injury is a result of serious or wilful misconduct?

The injury may be covered. The injury would need to meet specific criteria. Ask our Revolution Law team for further explanation on this matter.

What about if it was my fault?

The statutory scheme operates on a no-fault basis, meaning a worker can claim regardless of who caused the injury.

What does WorkCover compensation cover?

Basically, the following are covered, with various qualifications depending on individual circumstances.

weekly benefits for lost wages
medical expenses
rehabilitation expenses (such as physiotherapy or counselling)
hospital expenses
travelling expenses
lump sum compensation for permanent impairment
death benefits.

What about if I lose the use of or part of my body?

If you suffer a permanent impairment— loss of efficient use of part of the body, or loss of part of the body—as a result of your work-related injury, you may be entitled to a lump sum compensation.

If I die due to a work-related injury, does WorkCover help my family?

WorkCover may pay compensation for the death of a worker to the workers’ family (‘dependants’). Payments can include any medical costs, funeral costs, and compensation payable where family members are partially or totally dependent on the worker’s earnings. Qualifications depend on individual circumstances.

When does Workcover stop paying me?

A worker’s entitlement to weekly compensation ends when the first of the following happens

You return to work and are no longer injured
You receive a lump-sum offer
You have received weekly payments for five years
Your total weekly compensation reaches the maximum amount payable.

When does Workcover stop paying for my treatment?

WorkCover will stop paying medical treatment, rehabilitation, hospital, travelling, and expenses when your entitlement to weekly compensation ends and the injury will no longer improve with further treatment.

I am not happy with WorkCovers compensation offer. What can I do now?

You may choose to seek damages for their injury through a common law claim. Your policy covers you for the cost of a common law claim. You must meet certain criteria before you are entitled to seek damages and you will need to establish some liability on the employer’s part.

Common law costs (damages) can include payments for:

pain and suffering
past and future wages or economic loss
past and future medical costs

legal costs.

In most instances, statutory claim costs are offset against any damages to be paid. Check out this LINK to find out more information.

If you’re concerned about a worker or you had an injury, contact your local Revolution Law Team to discuss your options. For further information about WorkCover and your rights at work, we can organise a no-obligation meeting with a lawyer whenever suits you.

Drink Driving Case Study

Revolution Law2022-12-14T19:27:32+10:0007/12/2022|Articles, General, Motor Vehicle|

Drink Driving Case Study

“A Brisbane woman was allegedly driving drunk when she hit and killed an elderly pedestrian who was walking on a footpath. The Sunnybank Hills woman, 48, was driving on Beenleigh Rd in Kuraby about 7.45am on Sunday when she allegedly struck the 72-year-old woman. The elderly woman died at the scene. The driver allegedly refused to undertake a roadside breath or saliva test, and also allegedly refused to give a blood sample for alcohol content testing. When she eventually did agree to testing, it is alleged she was found to be under the influence of alcohol.”-

Brisbane News November 2022

This news article is just one of many, another tragic event of someone falling victim to a driver’s choice to drink and then drive. Alcohol is a big part of many celebrations in Queensland. Sadly the consequences of people drinking and then driving result in many of

Queensland’s road fatalities and hospitalised casualties.

The cost of driving after too many drinks can be harsh. Social stigma and hardship caused by being unable to drive, court appearances, licence suspension and disqualification, heavy fines and even imprisonment.

The best way to keep you, your driver’s license and most importantly, those around you safe is to be proactive during the upcoming festive celebrations!

If you do not want to limit yourself, plan how you will party.

Have a designated driver
Choose to travel by taxi, uber or public transport.
Host the party at your place and have beds available for guests that are drinking alcohol.
Choose venues with a decent non-alcoholic drink selection for the designated driver and to give more options to anyone who needs to limit their alcohol intake for medical or other reasons. Make sure everyone gets to enjoy the party!
Keeping tabs on your drinkswith this or this handy app
Look out for your mates – don’t let drunk friends drive.

What are the alcohol limits for driving in Queensland?

Open Licence – Blood Alcohol of lower than 0.05

Most other licences** require a zero alcohol reading.

As a general guide, to stay below the open licence limit of 0.05% BAC:

Males can have a maximum of two standard drinks in the first hour, and one standard drink each hour after that;

Females can have a maximum of one standard drink in the first hour, and one standard drink each hour after that.

This is a guide only because everyone is different. The best approach is to avoid alcohol if you will be driving.

If you or your loved one suffers injuries as a victim of a drink driving accident (either as a passenger, pedestrian, driver or cyclist), don’t hesitate to reach out to us. The CTP Insurance attached to the vehicle’s registration can fund rehabilitation, reimburse lost wages and superannuation (also considering future lost earnings,) and fund any care, support and adaptations you might need for your home or vehicle. This compensation is there for you to get back on your feet.

If the vehicle is unregistered or if it is a hit-and-run, your lawyer will pursue compensation from the Nominal Defendant – the statutory office acting as the CTP insurer for uninsured or unidentified vehicles.

Do you have a Personal Injury Claim?

Revolution Law2022-10-31T17:15:45+10:0014/11/2022|General, Injury|

Do you have a Personal Injury Claim?

Do you have a Personal Injury Claim? 7 Questions to ask yourself

You can make a personal injury claim if you have been involved in a car accident or hurt in a workplace accident. Check out these five questions to see if you have a claim.

Have you been involved in a car accident as a driver or passenger or
Have you been hurt in an accident at your workplace?
Have you been unable to work or changed to different duties due to the accident?
Has the accident put your life on hold while your injuries improve?
Have you had to change your lifestyle due to the accident?
Did the accident happen in Queensland?
Did the accident happen in the last three years?

A personal injury claim is a submission made to an insurance company. It allows you some breathing space to get your life back on track. Unfortunately, sometimes Personal injuries or accidents can delay our life goals. Revolution Lawyers have seen this happen countless times.

It’s our goal to ensure you and your family can get back to what is most important without any more interruptions!

If someone else has been carelessly negligent, causing you a personal injury, you may have a right to financial compensation to help get you back on your feet.

This insurance is designed to provide financial compensation to ensure that your life goals aren’t on pause due to someone else’s carelessness.

The compensation can reimburse lost wages, superannuation, pay for past and future treatments, medications, physiotherapy, and even medical expenses.

Simply put, it can cover the financial cost of the changes in your life from the accident.

If you need clarification on any of the above, contact your local Revolution Lawyer. Revolution Law specialises in Motor Vehicle Claims, Worker’s Compensation, and TPD Claims. We are proud to have a supportive client history with 5-star reviews on Google.

If you need help, we offer free compensation and are eager to set you up to win and get your life back on track!

What Does a Car Accident Lawyer Do?

Revolution Law2022-10-31T17:08:22+10:0007/11/2022|General, Motor Vehicle|

What Does a Car Accident Lawyer Do?

What Does a Car Accident Lawyer Do?

Recently I attended a ‘Compulsory Conference’ for one of our clients, the final meeting for our client and the insurer.

It comes at a time when the client’s injuries have stabilised, and they are at the point of knowing what their life will look like moving forward.

In Ben’s* case, there had been a terrible accident, and his life had changed considerably in a horrific few seconds. On the morning of Ben’s accident, while driving to work, he was unsuspecting that all his dreams and future plans would come tumbling down instantly.

His family reached out to us, knowing that we specialise in Personal Injury Claims. One of the Car Accident / Personal Injury Lawyers immediately started the claim process for compensation.

Our Personal Injury Lawyer reflected on Ben’s life, with the day of the crash as the central point of investigation.

We documented;

his physical injuries and recovery
the loss of his job
the impact on his ability to find and retain any future long-term employment
Ben’s previous skills and the new problems he now faced with family responsibilities, recreational activities, travel, and his ability to cope with increased pain, stress and anxiety.
The cost of surgeries, treatments, medications and the physical & psychological impact of the accident were all weighed and quantified.

Next was the Compulsory Conference, where our car accident lawyers fought for the best opportunities for Ben’s future health and livelihood.

It’s a big job when you realise it created over 40 physical files of documents, almost 3000 pages in just the most recent brief, numerous medical reports and records, numerous meetings and much more work behind the scenes. But nevertheless, it was a great outcome for Ben; he can take care of himself and look to new dreams.

There was a moment of silence when the conference ended. Then, finally, our Personal Injury lawyer leaned over to shake Ben’s hand. “This is why I became a Personal Injury Lawyer – to see justice done.”

If Ben had his choice, this accident would never have happened. But life does throw curve balls at us, and when it does, the Revolution Car Accident lawyers are there to work on your behalf and fight for your rights.

Don’t hesitate to contact us if you have been involved in a car accident and wish to learn more. No matter how small or large, everyone should know what opportunities they have to change their future. We specialise in this field of law and are passionate about our client’s futures.

(* to maintain our client’s privacy, we have changed the name)

Average Payout For Car Accidents

Revolution Law2022-10-31T17:00:13+10:0031/10/2022|Featured, Motor Vehicle|

Average Payout For Car Accidents

How do accident lawyers provide a payout estimate?

Any initial estimate a Lawyer will give you is guesswork, yes, guesswork can be pretty good depending on the experience of your Lawyer, but it is not Legal advice. Your final compensation outcome is based on your situation, and the evidence obtained to support your claim. There is no ‘average payout’ for injuries such as whiplash or pain and suffering after a car accident. In the case listed below of Mr Busch, who self-represented for over seven years, he attempted to claim injury damages for over $2000,000.00, and after all of this time and work he put in, the judge only awarded him $5000.00. The court documents referred to the lack of evidence to support his compensation claim. This result must have been incredibly disappointing for Mr Busch. The evidence is a critical part of the process and the compensation outcome, which is why Lawyers collect and analyse it over many months. Once you have recovered as best as you can from your injuries, the Barista and Your Lawyer use this evidence and draft a confidential quantum of advice. This advice is given to you before your mediation, and it provides you a compensation range that we predict your claim to settle within.

We would love to meet with you and have one of our very experienced lawyers explain how we can help you obtain the proper evidence in the right manner to achieve the best possible outcome for you.

Your initial chat with a Lawyer is free, and there is no obligation to proceed. We can just advise you if you have a claim, answer any questions and let you know how we can help.

07 3341 6999 or reach out to Wendy via [email protected]

Examples Of Car Accident Injury Pay Outs

These are examples of compensation payouts in matters that recently went to court. It is very uncommon for car accident personal injury claims to end up in court. When they do, the information is publicly available in what is otherwise a strictly confidential outcome.

Murphy v Turner-Jones [2022] QSC 40 – Awarded $200,776.07 plus costs

Mr Murphey, aged 50, claimed serious injuries, including whiplash and polytrauma at each level of his spine and pelvis. The defendant claimed he suffered only a mild strain on the spine.

The judge accepted the defendant’s case that the motor vehicle accident was at low speed and had a minor impact with minimal damage to both vehicles.

The judge further determined that although the impact was minor, it did not conclude that Mr Murphy has not suffered from a high level of neck or spinal injury symptoms.

Injury Compensation Outcome

Pain and suffering Item 88 ISV 10	$16,150.00
Past loss of economic capacity	$59,675.00
Future economic loss	$107,786.00
Medical expenses	$8,257.07
Interest on medical expenses $4,467.37 x 1.48% for 4.5 years ÷ 2	$148.00
Future medical expenses	$8,760.00
TOTAL	$200,776.07

O’Connor v Wright [2021] QDC 173– Awarded $30,880.00

In January 2018, Ms. O’Connor, then 19, was driving her motor vehicle north on the Bruce Highway. Ms O’Connor slowed her vehicle to nearly a stop before being rear-ended by a car travelling at about 70km per hour. Ms O’Conner sustained a soft tissue injury to her cervical and thoracolumbar spine, aggravating pre-existing thoracolumbar scoliosis.

Injury Compensation Outcome

Head of Damage	Amount Claimed
General Damages	$ 11,880.00
Past Special Damages (including interest to date)	$ 1,000.00
Future expenses	$ 500.00
Future economic loss	$ 17,500.00
TOTAL	$ 30,880.00

Ketchell v RACQ insurance Limited [2021] QDC 307– Awarded $479,884.70.

Mr Ketchell, the plaintiff, was outside the front of the Royal Hotel in Ingham on April 2014 when a driver lost control of his motor vehicle. The car left the roadway, became airborne and struck Mr. Ketchell on his ankle, causing him to spin around onto his back. Mr Ketchell experienced immediate pain in his thoracic spine.

The judgment for Mr Ketchell was the sum of $479,884.70.

McKay v Armstrong [2020] QDC 127– Awarded $77,473.73

On Valentine’s Day, 2014, Ms McKay obtained injuries when a driver lost control of his vehicle and collided with her vehicle. Ms McKay suffered a predominant injury to her shoulder region with painful symptoms radiating up her neck, with a secondary psychiatric injury of adjustment disorder with anxious and depressed mood minorly attributable to the accident

Injury Compensation Outcome

General damages	$6,800.00
Past Economic Loss	$5,000.00
Interest	$13.73
Past Superannuation Loss	$465.00
Future Economic Loss	$50,000.00
Future Superannuation Loss	$5,665.00
Past Special Damages & interest	$3,000.00
Future Special Damages	$5,000.00
Future care and assistance	$1,530.00
Total	$77,473.73

Hariharan v Vojtisek & Anor [2020] QDC 276 – Awarded $269,840.64

Mr Hariharan suffered personal injuries from a motor vehicle accident that occurred in early 2017. Mr Hariharan was “T-boned” when the other car driver disobeyed a red light.

As a result of the accident, Mr Hariharan suffered a generalised musculoligamentous and soft tissue injury to the cervical spine and aggravation of mild pre-existing degenerative changes to the cervical spine.

The defendant pleaded that the accident caused a minor and temporary soft tissue injury which has long since resolved and therefore Mr. Hariharan suffered little loss.

Injury Compensation Outcome

General Damages	$10,620
Past Economic Loss	$82,450
Interest Thereon	$593.64
Past Superannuation	$7,263
Future Economic Loss	$152,373
Future Superannuation	$13,541
Past Special Damages	$1,000
Future Special Damages	$2,000
Total	$269,840.64

Busch v Parker & Anor [2022] QSC 211 Awarded $5000

In 2014 Mr Busch, age 48, was involved in a car accident. The insurer accepted liability for the accident. Mr Busch represented himself in his personal injury claim; this claim went to trial in 2022 when Mr Busch was 56. Mr Busch presented his personal assessment of damages with an appeal for $2,045,753.15. The defendant took issue were the nature and extent of the spinal injury and the resulting economic loss. Unfortunately, due to the lack of documented evidence provided by Mr Busch, his claims were ill-supported, and the judge only awarded him $5000.00.

Mr Busch Personal Assessment of Damages – Not Awarded

Total Medical Expenses	$4,005.15
Total Pharmaceutical expenses	$2,420.00
The claim amount for past economic loss	$154,117.00
Claim for future economic loss	$1,655,220.00
Damages for personal injury and loss of the amenities of life	$25,000.00
Interest on past economic loss	(Unquantified)
Loss of superannuation	$204,991.00
Total claim amount	$2,045,753.15

Allen v O’Donnell & Anor [2021] QSC 63 – Awarded $2, 499, 399.69

In January 2015, 49-year-old Mr Allen from Townsville was travelling to Brisbane with his three children in their Kia Carnival. Unfortunately, as they were driving, a Nissan Patrol veered onto the wrong side of the road and caused a high-speed head-on collision with Mr. Allen’s car.

This car accident was catastrophic and life changing as Mr Allen sustained extensive injuries, including fractures, tears to both ACLS, facial injuries, injuries to the teeth and gums, sight impairment, hearing impairment, PTSD, spinal injuries, traumatic brain injury and soft tissue injuries.

Injury Compensation Outcome

General damages	$109, 640.00
Past economic loss	$515, 957.20
Interest on past economic loss	$17, 245.69
Past loss of superannuation	$57, 025.39
Future economic loss	$959,040.00
Future loss of superannuation	$108, 659.23
Alternative accommodation	$45, 682.00
Interest on alternative accommodation	$330.18
Future rental expenses	$18,200.00
Future home modifications	$10,000.00
Future medical expenses	$77,014.00
Future surgery	$53, 100.00
Future medications	$43,000.00
Future aids	$60,000.00
Special Damages	$55,000.00
Interest	$900.00
Past care	$143,052.00
Future Care	$225, 554.00
TOTAL	$2, 499, 399.69

If you have been in a car accident and you would like further information on what your rights are, our Lawyers are incredibly experienced and happy to answer any questions and provide you simple straight forward advice that is relevant to you.

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