“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
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? 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!
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.
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)
Recently the Legally Kids Team created an absolute blockbuster of a movie about Schedule of Damages. Check it out and hit follow and subscribe on our social media for more great content. Read on if you’d like to learn more about a Schedule of Damages.
A compensation claim starts when you have suffered an injury from an accident due to negligence from another party and suffered a resulting loss.
As the claim progresses, the lawyer will ask questions and discuss with you how the accident and resulting injury has impacted your lifestyle and ability to work and play.
Your Revolution Lawyer will take into account many factors, such as;
– pre-accident hobbies & sports
– any monetary loss incurred
– your employment
– what your future may have looked like without the injury.
We listen to your story and document it all with precision and sensitivity.
It takes time and resources to gather all the evidence required to establish the claim. Still, our team highly specialises with years of experience understanding Personal Injury Claims requirements.
When your injuries have stabilised, your lawyer will present the collected evidence outlining the loss you have suffered. Skilled lawyers quantify that loss into a financial document which is known as the ‘Schedule of Damages’
It will detail:
General Damages. Loss which came about as a result of pain, disability or disfigurement. They are the damages that are not capable of precise calculation. It is compensation for the loss of your quality of life.
Pecuniary Loss. This is the total out-of-pocket expenses you have paid out. It might include medical and rehabilitation costs, medications, and the cost of care and support services you have needed for yourself and your home in your journey towards health after the injuries.
Income Loss This is the economic loss you have had since the injury to the date of settlement and potentially any economic loss into the future. It will also include superannuation.
Out simply, the Schedule of Damages is all your losses calculated and measured in dollars. This, with the documented proof, is used as part of your compensation claim to obtain compensation for the injury.
Compensation is meant to put you in the position you should have been in if you had not been injured.
If you have suffered an accident on the roads or an injury at work don’t hesitate to call us. We will organise a free, no-obligation consultation with one of our lawyers. Contact us at firstname.lastname@example.org or phone 07 3416 4999. And don’t be alarmed – our Legally Kids ‘Malicat’ will not be preparing your Schedule of Damages!
Ryan and I love to go all in, and yes, we avoid casinos. This attitude toward life led to the start and continued passion for Revolution Law. This all-in attitude toward growing our firm translated into our personal lives, and we quickly (like super duper quickly) found ourselves with three young children.
Ryan has been in Personal Injury for longer than we have been married. A massive part of his job is helping clients obtain compensation after a car accident. He is hypervigilant that car accidents happen anywhere at any time. Naturally, this makes us feel pretty strongly about our children travelling safely. We confirm our credentials on this topic through the following reasons;
Have suffered through ENDLESS backseat bickering
Extensive knowledge of the abbess between seat and console (and its ability to swallow not only our phones but also hairclips, socks and lollipop sticks)
Our cars have wrappers, and rice crackers smooshed into every crevice
We understand the embarrassment of giving someone a lift at the last minute when the car is in all its glory.
All car seats you purchase in Australia must meet an Australian standard. However, this standard is just the minimum. Government agencies and motorist organisations run the Child Restraint Evaluation Program (CREP) with the common goal of children travelling safely in vehicles. CREP conducts testing and provides information to help you compare and choose the best car seat for your child. It is overwhelming when you’re faced with the choice of fifty car seats at the baby shop. Click this independent website to help narrow down your choice of picking the safest seat.
Child Seat Installation
Don’t get it installed! Learn how to install a car seat correctly yourself! Why? Because you will do this a lot, even if just for the mere task of vacuuming up all the biscuit crumbs. It is worth investing in an easy-to-install seat.
You can check out the website Kidsafe Queensland; they provide information on where you can book a car seat installation. During this installation, you will also learn how to do it correctly yourself.
Using the Car Seats Correctly
The Child Car Seat Safety website has videos showing how to fasten children into correctly rear-facing or front-facing, convertible and booster seats. Check out this link
Not only do I want my kids fastened into their seats correctly, but I also want them to travel safely. I also want them to make good choices, which means I have to teach them what this looks like and set firm boundaries regarding seatbelt safety. I think most parents can relate to the stress of their children unbuckling themselves and the frustration of repeatedly removing their arm belts. It’s lucky they’re cute!
Sizing Up & Exiting Booster Seats
There has always been a strong association of age determining which car seat is correct and whether or not they need it. However, what is more, important than age is the child’s height. Fortunately, car seats have height marking that we can use to determine if our children are the correct size for their seats. If you decide to rent a car with a baby seat for your next holiday, check that they fit the height guidelines BEFORE leaving!
Adult seat belts are designed for a minimum height of 145cm. So while the general guide is seven years old for moving your child out of a booster seat, they may still not be tall enough to sit safely in a standard car seat. My daughter didn’t get out of her booster until she was 7 1/2. I used the Britax 5 Step Safety Test to help me determine if she could travel safely without the booster.
Preparing for each car trip
My kids are pretty good travellers that eventually got into the groove that works for us as a family. Things we do include;
Providing one of my car-sick-prone kids with travel medication for long or windy car trips. I’m not keen on unwanted vomit on a busy stretch of road.
My kids ready themselves before I start the car. They need to organise everything they want to access, so it is on hand and within reach! I used to do this for them when they were little. Now, if they want something that cannot be accessed safely, it’s too bad, so sad.
We don’t use technology on any car trip that is less than an hour. To avoid fighting, we chat, listen to kid-friendly music and occasionally a children’s podcast. Sometimes they just fight, because they’re kids!
I only have a few more years left of car seats, and I can confirm that I won’t miss them. However, I am grateful for the safety they have provided my kids and the relative protection they have delivered my seats from Poonarmi’s and yoghurt-spills. Ultimately, you never know when a car accident will occur; too often, it will be out of your control. What is in our control is ensuring that our kids are travelling safely.
Car accidents are not only terrifying and expensive but can cost you a lot of pain or even result in death. In Australia, the leading causes of fatal car accidents are drink driving, speeding, fatigue, and driver distractions. It is quite easy to avoid these factors by taking simple precautions like the ones below.
Slow down on the roads
Speed is currently the biggest killer on Australian roads. When you speed it makes it much harder to maintain control of your vehicle, and this is when accidents occur. Every kilometre over the speed limit puts not only you, but others at risk. Ignoring these limits is not only dangerous, but illegal. If you manage to avoid crashing your car you are still at a risk of receiving a hefty fine and losing demerit points. It is not worth risking your life or those of your passengers and other drivers. The easiest way to avoid an accident due to speeding is to not speed in the first place.
Don’t drink and drive
This seems like an obvious one, but unfortunately it does not stop people jumping behind the wheel when intoxicated. Despite strong public health campaigns, drink driving still causes a high number of car accidents and deaths. The easiest way to avoid an accident when drunk is to not get behind the wheel. It is as simple as organising a lift through a sober friend, family member, ride share app, or taxi driver. This also applies if you are the passenger in a car with an intoxicated driver. If you are already in the vehicle then request the driver pulls over and call any of the options mentioned.
Looking away from the road, even for two seconds, is extremely dangerous. Getting distracted by your mobile phone is a major contributing factor to a lot of car accidents. If you need to answer your phone or eat or drink then pull across to the side of the road. If accessing your phone is important for your job then consider installing a mobile phone holder on your dashboard. Other distraction factors include passengers inside the vehicle and distractions outside the vehicle. These distractions slow your reaction time, which can lead to riskier driving.
Driving when fatigued dramatically reduces your reaction time on the road and your judgement. The likelihood of falling asleep at the wheel also significantly increases. If you are feeling tired and it is safe to do so then pull over to the side of the road. There are also designated rest stop areas on major motorways that you can use. The only remedy for fatigue is to simply take a break.
Other risky driving behaviour
The big four are not the only contributing factors to car accidents. Other risk factors that contribute to accidents include:
Not wearing your seat belt – not only is it illegal to not wear one, using your seatbelt can be the choice between life and death in an accident.
Not ensuring your vehicle is roadworthy – you should make sure that your tyres and lights are in working condition.
Forgetting to use your indicator – failing to indicate can confuse other drivers on the road.
Tailgating – not only is it rude, but if the car in front suddenly brakes it leaves no time for you to stop.
Staying safe on the roads is not rocket science. Following these tips can help you avoid hurting not only yourself but loved ones and other drivers on the road. If you have unfortunately found yourself in a car accident then contact Revolution Law for a free case review today.
Lawyer, Solicitor, Barrister, Attorney – What’s the Difference and Which Do I Need?
What is the difference between a lawyer, a solicitor, a barrister and an attorney? Which one of these should you call when you need legal help? We understand these terms may seem confusing to the average person, but fear not! In this article, we’ll go over what the difference is and which one you need depending on your situation. We’ll also go over what these titles entail in Australia’s common law system and what duties fall underneath each member of the legal profession.
These terms are often used interchangeably, and their meaning varies from one legal to system to the next. However, they all have distinct meanings in the Australian legal system.
What is a lawyer and when do you need one?
‘Lawyer’ is a broader umbrella term, which can be used to refer to anyone who has been admitted to the legal profession. The term covers solicitors, barristers and legal executives. To be called a lawyer, one needs a bachelor or post-graduate degree in law, as well as a Graduate Diploma in Legal Practice (GDLP), be admitted to the Legal Profession and hold a Practicing Certificate in order to practice as a Lawyer. Lawyers tend to specialise in a specific area of law, such as contract law or property law, although there are some generalist lawyers as well.
What is a solicitor and when do you need one?
A solicitor is someone who has completed a law degree, obtained a practising certificate and been admitted to legal practice. That being the case, most solicitors simply refer to themselves as lawyers.
Solicitors manage day-to-day legal affairs for clients. They are usually the first point of contact when an individual or business needs legal services. For example, they may help with contracts, disputes, business sales or intellectual property issues.
In a criminal case, a solicitor will offer advice and help define the best course of action. They may also draft letters, take care of your initial appointment and gather any court documents or evidence you may need. Solicitors are trained in representing their clients in court and may do so unless a barrister is required. If you wish to have a barrister on your case, you will first need to get a solicitor.
What is a barrister and when do you need one?
A barrister is a type of a lawyer, but not all lawyers are barristers!
Barristers are lawyers whose expertise is advocacy, and they typically only become involved in a legal case when it goes to court. Advocacy stands for representing a client and advocating for their interests in court. Therefore, many advocates you see representing their clients at trial are barristers. To represent a client’s case effectively, a barrister needs to have a strong understanding of court procedures and etiquette.
Generally, barristers are retained with the help of a solicitor. They may meet with you before your court appearance, but will usually not communicate with you directly.
What is an attorney and when do you need one?
The title ‘attorney’ doesn’t have the same meaning in the Australian legal system as it does in the US. In the US, an attorney is a lawyer who has passed a bar examination and can practice law in a specific jurisdiction. In Australia, the term ‘attorney’ or ‘attorney-at-law’ is not commonly used, apart from the case of trademark attorneys. Here, an attorney is a lawyer with further qualifications to deal with intellectual property and patentable technology.
Not sure if a solicitor, barrister or attorney is the best to help you?
If all this seems somewhat confusing, and you’re not sure which of these legal professionals is the best to help you, it may be a good idea to get some advice from a legal expert. At Revolution Law, we offer free over-the-phone advice to get you started on the right path. Call us today for a no-obligation, free legal consultation.
What Are My Rights If I Am Injured Working from Home?
Covid-19 has seen more and more Australian businesses move to work from home. The sudden spike in remote working has resulted in many changes in how businesses operate. This, of course, has implications on things such as legal responsibilities and insurance coverage. Workers are entitled to compensation if injured at work, but what about injuries at the home office? The new normal may have you asking, “what are my rights if I am injured working from home?”
The Workplace Health and Safety Act 1995 outlines that employees are still covered when injured while working from home. Employers are required to ensure that you have a safe working environment, even in a work-from-home situation. Queensland businesses should also have a WorkCover accident insurance policy in place.
Getting injured while working from home
According to WorkCover law, workers are entitled to compensation if they suffer an injury “arising out of or in the course of any employment”. However, the line between “course of employment” and free time can seem blurred when working from home.
During the Covid-19 pandemic, many workers have had to work outside their usual hours as they try to balance home-schooling and childcare duties. This is why work from home injury claims will need to be considered on a case-by-case basis to determine whether the injury happened while working. For example, was the employee still logged into workplace systems and software when the injury occurred?
While working from home, the employee also has a duty of care in terms of their own workplace health and safety. It’s the responsibility of the employee to maintain a safe environment. This could include things such as…
Installing fire alarms
Maintaining electrical equipment
Repairing broken steps
Case Study: Hargreaves vs. Telstra Corporation Ltd
A famous Australian example of injury compensation while working from home is the Hargreaves vs. Telstra case. Telstra employee Dale Hargreaves slipped down the stairs twice in her home while working remotely for Telstra.
When she took legal action against Telstra, the company denied liability, as the accidents occurred away from her workstation and outside typical office hours.
However, the tribunal ruled that the injury “arose out of Ms Hargreaves’ employment with Telstra”, hence making it a workplace injury.
The first fall occurred when Hargreaves left her desk to retrieve cough medicine from the fridge. It was deemed a workplace accident, as Ms Hargreaves regularly worked late, and the break was a necessary one to ease her coughing.
The second fall occurred when she was locking her front door, as per Telstra’s instructions, after a break-in at her home. This fall was also deemed a workplace accident, as Ms Hargreaves was following a reasonable direction from her employer. Hence, the injury fell within the scope of her employment.
What about contractors and freelancers?
In Australia, contractors and freelancers are not automatically covered by their employer’s workers’ compensation policy. We recommend contractors and freelancers take out their own insurance policies to ensure they are covered in case of injury.
What to do if you get injured while working at home
If you have been injured while working from home, it’s essential to follow the usual procedures. This includes visiting a doctor to get a medical certificate, notifying your employer and lodging a WorkCover claim as soon as you can.
Are you looking for further advice on where you stand in terms of your injury while working from home? Revolution Law can help you with your workers’ compensation claim. We start off by offering free advice over the phone, followed by a coffee meeting where we further discuss your situation and fully disclose our fees. What’s more, if there’s no win, there’s no fee. Contact Revolution Law today.
Insurers Scaremongering Queenslanders blaming Lawyers for Premium rises
The Queensland Law Society shared the following article late last year. We have dug it up to give it the re-share it deserves. Insurers consistently blaming personal injury lawyers is an ongoing and very weak debate which all comes back to the insurers wanting their mega profits to be multi-mega profits. Queensland’s current CTP scheme runs laps around those from other states and we are strong advocates for it to continue on as is. We have the experience and privileged of supporting injured victims who through no fault of their own have to face a painful and more difficult future. This is the purpose of CTP insurance, to compensate the victims.
Have a read of the article and share with us your thoughts:
QLD CTP proposal slammed by lawyer group as insurer greed
27th Aug 2017
The Australian Lawyers Alliance (ALA) has strongly criticised calls from Suncorp and RACQ for changes to Queensland’s Compulsory Third Party (CTP) insurance scheme that would see less benefits for injured motorists.
ALA Queensland Director, Rod Hodgson, said the insurer’s defined benefits proposal is driven by a desire for greater profits and fails to recognise that Queensland’s CTP scheme is the best run and best structured CTP scheme in Australia.
“Queenslanders should be proud of the stability, access to justice and affordability provided by our CTP scheme”, Mr Hodgson said.
“Premiums in Queensland are second lowest in the country and the Queensland CTP scheme provides good access to benefits for those who are injured.
“From time to time we see insurers running the argument that the sky will fall in and there is a crisis in the CTP scheme – the problem for the insurers is that is simply not true,” he said.
Mr Hodgson said it’s important to acknowledge a number of facts about CTP insurance in Queensland. They are:
In addition to being inexpensive the Queensland scheme has a very low disputation rate, which sees less than 1 per cent of matters commenced go to court;
Claims which lack merit are almost non-existent – if an insurer believes that a claim lacks merit they should do their job properly and dispute the claim;
The Queensland courts have a strong track record of supporting only claims which have merit and dodgy claims are not tolerated;
Defined benefits schemes are simply insurance company code for “we know best, benefits ought to be less and the courts ought to get out”;
The interstate experience of such schemes is of higher disputation rates, because people are unhappy with those schemes;
A race to the bottom by joining some of those interstate models is not in the interests of Queensland motorists who can be very proud of our present scheme and how it’s run; and
Queensland has long had a strong focus on rehabilitation and this was recently enhanced with changes that see those catastrophically injured from 01 July 2016 having access to not fault coverage
Mr Hodgson also singled out RACQ for their rank hypocrisy.
“This is an organisation that promotes itself as an honest advocacy group for motorists, some of whom will have the misfortune to be injured on the road,” Mr Hodgson said.
“RACQ is a big insurer and its call for a defined benefits scheme is in truth a call for a smashing of rights and benefits for those people who have had the misfortune to be injured, often through no fault of their own.
“That detriment to RACQ members reflects perfectly how the RACQ insurance company tail wags the advocacy dog” he said.
What is a Statutory Claim Vrs Common Law Claim for Work Injury Compensation Matters.
Many workers are confused when it comes to their rights in a work place accident and understanding that there are two types of claims that can occur in a Workers Compensation matter.
The first claim that you will make if you have been injured at work or on your way to work is called a Statutory Claim. This claim is started when you fill in an application and lodge it with WorkCover or your employer’s self-insurer. It is more than likely your employer will hold their accident insurance policy with WorkCover. Once WorkCover has approved your claim you will start being able to receiving benefits which may include weekly compensation for lost wages, rehabilitation and medical treatment, travel costs and funeral and death benefits. To finalise the Statutory Claim, WorkCover may assess you for a permanent impairment percentage and then make you a small lump sum offer to compensate you for injuries.
This is the crucial point in which you need to seek legal advice from one of our personal injury lawyers. If you have been assessed with a permanent impairment of 20% and above, then you will be able to both accept the lump sum offer from the statutory claim and then you may also be able to proceed to running a common law claim as well. Should you have been assessed with a permanent impairment of 20% and under, then you will have to decide whether you wish to proceed with a common law claim which would mean you have to reject the lump sum offer of the statutory claim. We will provide you with free advice on what your options are going forward to ensure that you get the compensation that you deserve.
The second claim that you may be proceed to is called the Common Law Claim.You cannot make a common law claim without first having made a statutory claim. While a statutory claim is a no fault scheme which does not look at who is liable for the accident and simply protects a worker in the event of an accident, a common law claim does consider who is at fault for the injury. For a common law claim to be successful your employer’s negligence needs to be proven in their breach of their duty to provide a safe and supervised work environment.
Our job as expert Workers Compensation Lawyers is to smoothly run a workers’ compensation claim and obtain you the maximum settlement amount to compensate you for the injuries you have sustained at work. This area of law is extremely complicated and it is risky to attempt running the claim yourself self as it could even mean you end up with little or no compensation. We cannot stress the importance of seeking expert advice even if it is just for a free initial meeting to discuss your personal injury. After all it is your right to be able to go to work and return home again without suffering an injury.
To speak to a Lawyer immediately call our office on 07 3416 4999.