We Want to See you at Light of the World

2022-06-28T17:37:04+10:0022/10/2017|Articles, General, Uncategorized|

We Want to See you at Light of the World

This year, we are looking forward to being one of the sponsors for ‘Light of the World.’ Light of the World is a fantastic community multicultural music festival which provides a safe and exciting option for anyone looking for a Halloween alternative in the city of Logan. This event is exceptionally well run by the not-for-profit group Children of Destiny, their goal is to provide parents and children with the option to celebrate without the spooky horror which can be very overwhelming for little ones.

Throughout the night there will be a variety of fantastic entertainment from local community groups. This entertainment will include but not  be limited to music, singing and dance performances. There will be food trucks, drink stalls, games and most importantly children will be able to purchase an unlimited ride pass for just $5. This event is totally affordable and fun for everyone which will mean that there will be an incredible turn out.
Revolution Law loves being a part of events like this and we are looking forward to running an easy to win and fun to play chocolate game called Lob a Chocolate. It was easy for us to choose this game because we are huge fans of anything chocolate!  100 percent of the money that we raise on the night will be given to a group that we know personally who organises Christmas gifts for widows in the tribal villages of India. In past years widows have been given chooks which they used to create micro businesses due to the egg lay, they have further been given cooking pots, clothing, heavy duty blankets and access to a social worker. All of these gifts are practical and appreciated with some 500-2000 widows every year be overwhelmed to receive such meaningful gifts at Christmas.
So, don’t forget to dress up in something exciting and bright and come on down to the Light of the World Festival on the 31st of October 2017. The event starts at 4.30 and is located at Mabel Park High on Paradise Road, Slacks Creek Logan.
Should you have recently experienced an injury at work, in a car accident or due to medical negligence our Personal Injury Lawyers will be available to give you free advice and guidance at the festival. Alternatively you can pop into our Logan Personal Injury Law office which is located at the Argonaut on Kingston Road.

Happy Law Firm. Happy Clients. It Just Makes Sense.

2022-06-28T17:38:49+10:0012/09/2017|Articles, General|

Happy Law Firm. Happy Clients. It Just Makes Sense.

Unlike any other personal injury law firm we know, our firm hasn’t been advertising recently. Even our odd billboard has received the chop because we find that every second billboard is that of a personal injury advertisement and the world really doesn’t need one more. We will of course release the odd Facebook post every now and then just so everyone knows that we are not from a prehistoric era and we can be social media savvy.  As such, it has not been our catch phrases, our non-existent marketing team or our incredibly good looks which have been keeping us exceptionally busy lately.

Rather, it has been our past and current clients who have been sharing our name and for that, we are sincerely grateful. For us, this is an overwhelming sense of accomplishment to be in a position where clients are so completely satisfied with our service that not only do they walk away feeling happy with their entire legal experience but they also place their confidence in us by referring us on to their friends and family for any of their personal injury claims.  A large enterprise can’t just rely on Word of Mouth, rather you have to have a consistent and excessively expensive marketing campaign with the costs being passed on to the clients.  Rather than utilising expensive marketing options, at Revolution Law we focus on consistent and memorable service.

A high standard of service can only be provided when you have a team that supports the Director and believes in the ethos of the business. We are fortunate enough to be backed by an incredible team who are each individually committed and exceptional in every way. It is our team that keeps this high standard of service and that are amazing advocates for Revolution Law. We can place our full trust in their hands knowing that each injury matter will be treated with the respect it deserves.  Growth and size of a business take away that personal touch and experience that we know clients are seeking particularly after they have experienced a traumatic accident.

A huge amount of work goes into a running a personal injury claim, they are time intensive, require significant attention to detail and a proactive lawyer that is passionate about going the extra mile as opposed to placing complicated or difficult matters into the too hard basket.   A poorly run claim can have detrimental effects on the end result which once settled, cannot be overturned.  For this reason, we also refuse to advertise when we are experiencing particularly busy periods. We don’t want to ever be in a position where our clients become just a number and we become so time poor that we can’t be anything but exceptional advocates for their injury claims. It doesn’t matter how ‘commercially viable’, how big or how small your claim is – we can guarantee that we will go above and beyond to run your claim to an impeccable standard thus ensuring the best possible outcome.

Ryan our Director regularly gets asked about his ambition for the firm. It seems in law circles, success is often measured by turning a boutique practice into a larger and more corporate personal injury firm. However, for Ryan, success is happiness. Happiness is when your clients are content and feel comfortable to give you a call on your mobile. Happiness is having an amazing legal team who are just as passionate about the business as the Director. Happiness is having the local school kids come in and ask you to buy some hot chips because they haven’t been lurking next to the front door all day. Happiness is being able to give to charities that we believe in. Happiness is when your clients are happy with the results and give you a google review! So perhaps some might be a bit shocked that we don’t just hire more staff, advertise more and grow our firm into an impersonal, money spinning, corporate venture but ultimately, it comes down to the fact that we are just happy with what we have and what we can provide to our clients.

Have you suffered due to someone else’s negligence at work or on the roads?  We can explain your legal rights to ensure that you know where you stand.

If you have questions then check us out on www.revolutionlaw.com.au , call us on 07 3416 3999 or pop into our Logan office on Kingston Road and speak to one of our experienced compensation lawyers.

Historic Brisbane Newspaper shows a very different time.

2022-06-28T17:40:08+10:0001/08/2017|Articles, General, Uncategorized|

Historic Brisbane Newspaper shows a very different time.

An eclectic collection of the Brisbane Courier Mail newspapers all dated from 1932 have some wonderful news stories and advertisements which capture this period beautifully.

One quirky article told of seven-year-old Doris riding her horse to school – as you do in 1932.  On her way, she was thrown from the horse and broke her arm. Despite such a horrific accident the little girl captured the horse and then proceeded to walk the quarter of a mile back to her home.  It astonished me that this little girl could keep her wits, put her pain aside and understand the value of capturing the horse.  Tough times like the Great Depression bred even tougher children.

‘The Law Courts’ segment of the Newspaper must of be a very popular column in the 1930’s. One article that stood out due to the stark contrast to how the matter would be handled today told the incident of a young girl named Beryl who was injured in a car accident.  The article outlines how Beryl whom was aged 5 years by her mother  was crossing the road Flinders-parade at Sandgate when she knocked down by a car driven by Mr. Keith Brown. This car accident saw Beryl sustain a fracture to her left leg and suffer severe shock. Her medical expenses had already amounted to 11 pound and she would continue to incur further medical expenses in the future.

Berly’s mother Mrs. Mount was a widow who would have had minimal support if any from the government,  and I imagine that the further scarcity of money at the time she must of feel exceptionally overwhelmed by all these medical expenses. Mrs Mount brought forward and action of 500 pound in compensation damages with allegations that the defendant had been negligent in failing to keep a proper look out and not giving proper warning of his approach.  Unfortunately the story ends here, which is highly disappointing because it would be interesting to have found out how the car accident compensation claim in the 1930’s played out. Was Mrs. Mount able to obtain a solicitor that worked on a No Win No Fee basis to state her case? Was she awarded the 500 pounds for her daughters medical expenses? What happened to Beryl?

Fancy a judge saying he must have been ‘Anxious to go to Heaven’.

2022-06-28T17:41:53+10:0018/07/2017|Articles, General|

Fancy a judge saying he must have been ‘Anxious to go to Heaven’.

Nothing beats the excitement of opening a vintage newspaper. Today I read The Courier Mail dated November 8, 1939.  I’ve said it before and I’ll say it again, they don’t do news like they use to! This paper is just juicy with fabulous little stories, local happenings and brilliant advertisements.  It gives such a fascinating insight to a period of time which not only saw the Great Depression but also the lead up to World War 2.  I can only imagine the hardship and the perseverance for the Australian’s which saw this era through and they have my complete and up-most respect.

Women would join together to knit socks for soldiers.

The Department of Main’s Roads as cited on their website played a significant role in unemployment relief during the 1930’s. In Queensland, the Story Bridge was built along with Somerset Dam and the University of St Lucia. Brisbane had trams and cars could drive along Queen street. I think we can officially blame the 1930’s for today’s traffic because it was during this time that highway systems and main roads began to take shape.

In saying that, we can’t hold a grudge because I’m sure the foresight of the type of road network that Queensland would require would have seemed a little far-fetched considering that in 1937 the total tally of privately owned cars in Queensland had only just reached 111,000.  This is a stark contrast to today’s some 2,756,944 cars travelling on QLD roads – a massive figure in comparison  that does not even take into consideration other modes of transport such a motorbikes, trucks and buses.

A time when all car accidents were news worthy.

In 1939 the Judge Mr. Justice Brennan advocated for a special court for motor cases. He believed that people involved in car accidents were certainly not criminals and nor were they the criminal type.  He further determined that motor cars were becoming a permanent fixture to Queensland roads and that there would only be an increase in car accidents as more people started driving.

This suggestion came after the Judge discharged Mark Hinchcliff on a bond of 10 pound after he pleaded guilty to a charge of grievous bodily harm. Mr. Hinchcliff was the driver of a car that struck Douglas Roseta. It was interesting that the Judge came to this conclusion particularly when the Police and medical attendees determined that Mr. Hinchcliff was driving under the influence.

I took this to mean that he was drunk, which could only mean that the Judge was not determining drink driving to be a criminal activity.  In fact, the Judge went onto say, ‘If people will gossip on the roads when good footpaths are available they must be anxious to go to heaven, because it is a sure way under present conditions.’  Poor chatty Roseta was a bit harshly done by the Judge although I should say that at least Mr. Hinchcliff paid him a total of 406 pound in compensation and medical expenses.

The RACQ which was established in 1905 opposed the Judge’s desire for a special court for motor cases, the president of the RACQ voiced that, ‘If he is not guilty of criminal negligence then he should not be charged. I cannot see the Judge’s point. If a motorist is charged with a criminal offence there is no reason why he should receive special treatment.’

Potentially I reason that the only types of folk that could afford a motor car were the elite upper class, a class that the Judge would have been apart of.  For the judge it must of seemed unfathomable for someone from the white-collar class to be demonstrating criminal behavior.  A different time indeed.

Such a fascinating article, but perhaps just for me because that’s what we do at Revolution Law. We advocate the rights of those that are injured in car accidents and drink driving being permissible is just a little far-fetched for the likes of us!

But here’s what you are after, more brilliant moments from November 1939.

Know someone that needs to keep their distance?

When swimmers made you smart as opposed to slim.

You mean it requires no batteries? It doesn’t need electricity? And it’s from the 1930’s-MIND BLOWN!

Keep you figure Young-Slim and Healthy. Sign me up.

Have you suffered due to someone else’s negligence at work or on the roads?  We can explain your legal rights to ensure that you know where you stand.

If you have questions then check us out on www.revolutionlaw.com.au , call us on 07 3416 3999 or pop into our Logan office on Kingston Road and speak to one of our experienced compensation lawyers.

1932 Newspapers are Gold indeed.

2022-06-28T17:44:16+10:0012/07/2017|Articles, General|

1932 Newspapers are Gold indeed.

This morning I have been reading the Brisbane Courier Newspaper.  You know the one? It was renamed to ‘The Courier Mail’ in 1933. This yellowing fragile 1932 paper smells deliciously of history. The news is fascinating, unlike the gossip which plagues Facebook news feeds with the current day edition.

Over coming weeks, I am looking forward to sharing some of the fascinating finds from these papers which range from the early 1930’s to the 1980’s. We will be covering it all, from article’s on Hitler,  to Russia leading the Space Race , Princess Di’s wedding and obviously reminiscing on all the  hilarious and awkward advertisements before political correctness and advertising standards.  Really this type of brilliance can only be found in newspapers of this calibre.

Considering that we are Brisbane based business it seems only appropriate that we show our true Queensland colours ahead of tonight’s State of Origin clash and I think that the best way to do that is by high lighting our locally manufactured XXXX beer which has been the sponsor of the QLD Maroons for the past 27 years.

Nothing beats a great ad and as seen from the below photos which I captured from this morning’s light reading this is something that even in 1932, XXXX could be absolutely applauded for.

It seems that the Milton based brewery has had no end of news time lately, from the fire which placed fear in the hearts of many avid gold drinkers to the recent claims that the XXXX Brewery would be closing down.  This claim of closure has fortunately been slammed as false and we will continue to see XXXX sponsoring our much-loved Maroons for another four years in a sponsorship deal made only last month.

Our boss that despite claims of being an avid maroons supporter shamefully arrived to work dressed in blue-booooooooooooooo. He has only regained our certainty of knowing that his allegiance lies with the right team by ensuring that our work fridge has been stocked correctly ahead of tonight’s game. So I for one am looking forward to knock off tonight- GO QUEENSLANDER!

A special mention to the www.therubbishremovers.com.au for supplying us with this wonder stash of history.

We are Revolution Law the No Win No Fee Experts Brisbane.  If you haven been in a Work or Road Accident you may have a TPD claim. If you have questions then check us out on www.revolutionlaw.com.au , call us on 07 3416 3999 or pop into our Logan law office on Kingston Road and speak to one of our experienced lawyers.

Miniature Motorbike Legalities

2022-06-28T17:45:58+10:0002/06/2017|General, Motor Vehicle, Tips & Tricks|

Miniature Motorbike Legalities

School holidays are half way through and during this time I have seen an increase of miniature motorbikes being ridden through local parks and on footpaths and roads.   Miniature motorbikes as a toy for youth has sparked many a debate on various Facebook crime watch pages with some people complaining of the dangers and noise and other folks arguing that at least the youth are outside and not getting into mischief.

As much as a strong advocate I am for youth and everyone for that matter turning off their screens and participating in sports and activities outdoors it is important to look at the legalities of riding miniature motorbikes.

Personally, I am not a fan of these motorbikes and that is solely due to the extremely irritating high-pitched motor which is for me a grating noise, much like a teacher’s nails on the blackboard.  Our house backs onto property which is popular for young trespassers and their miniature motorbikes. On a Sunday afternoon you’ll find me hanging out the washing and moaning under my breath that once again an afternoon nap has been destroyed.

One Sunday afternoon not so long ago the sound of two motorbikes were cut short and screams for help replaced it.   I jumped our back fence and raced to where a teenage boy stood over his unconscious friend who had badly injured his leg after coming off his bike. With no guardian around, the injured boy’s friend raced off on his mini motorbike to inform them of the accident. I watched him race off, observing that in his panic he narrowly missed being hit by a car. I called an ambulance and stood there hopelessly making pathetic and reassuring comments to the accident victim who has since regained consciousness.

I understand these boys were out having fun but the consequences could have been dire as either of them could have been seriously injured, particularly due to their lack of safety gear and poor choice of property to ride on. There is no personal injury claim if you make choices like this. The consequence of making poor decisions in the name of fun can lead to serious injury, and when you get onto a miniature motorbike and trespass onto private property where you have no idea of the lay of the land, you are putting yourself into a tedious situation.

What is more concerning is how miniature motorbikes that are being driven illegally are becoming a common sight on local roads and footpaths. Outside our Logan Personal Injury Law office, I’ve watch these bikes mount the foot path and race around the corner. It is with sole fortune that on these occasions there are no innocent pedestrian standing in the rider’s way. There seems to be an awful lot of bravado from young riders on their miniature motorbikes, one would say that they seem to believe that their miniature motorbike pose no risk to others due to the small size.

However it was only late 2015 when Andrea Lehane a nurse and mother was struck by a miniature motorbike on a pedestrian crossing outside a shopping centre in Melbourne. Her injuries were so horrific that two days after the accident she had her life support turned off and she consequently passed away.  In May 2017, the culprit Caleb Jakobsson now 20 years of age was officially sentenced to 7 years in jail. The family of Andrea suffered an unnecessary and devastating loss due to the dangerous and illegal driving of a miniature motorbike.  This bike ride had been initiated as a fun and cheap thrill by a teenager who wasn’t aiming on hurting anyone, instead now the young driver bares the responsibility, shame  and consequences that his decision’s led to.

Riding a miniature motorbike is a choice. They are readily available. They are popular and relatively inexpensive. If you own one of these bikes or if you have purchased them for your children, then you should know the laws around where these bikes are legally allowed to be ridden.

The following list of bikes are determined by the Queensland State Government to be non-compliant for use on the road or road related areas such as foot paths. Under no circumstance can they be registered. So despite your view of miniature bike’s  it is important to note that it is  illegal for them to be ridden through local parks and on  footpaths and roads.

Sourced from www.qld.gov.au

It is not all doom and gloom if you own a miniature bike.  You are entitled to drive it on your own private property or on a private property which you have sought permission to ride on. The Department of National Sports, Parks and Racing have also compiled a list of places where it is legal for people to ride motorbikes for recreational purposes.

If the holidays are feeling long and you are struggling to entertain your youth with brilliant cheap or low-cost activities then a great place to source fun things to do is the youth programs organised by the Logan and Brisbane City Council. The broad range of activities they organise are excellent  and they  include such activities as music, rock climbing and art classes.  They are not restricted to where your place of residence is so it is well worth researching both youth programs to see what sparks the interest of your child.

So, happy last week of holidays. May they be safe and fun filled for your entire family.

Floods Devastate Logan

2022-06-28T17:47:29+10:0002/04/2017|General, Property|

Floods Devastate Logan

Logan has been hit by an absolutely devastating flood over these last few days. Houses have been ruined, shops destroyed, parks and sporting fields absolutely trashed. Despite the chaos, there has been a rallying amongst the community, the spirit of Logan has not been crushed. We have seen time and time again people supporting, encouraging and helping one another. It is such a privilege to service such a resilient and strong community.

Revolution Law wishes to acknowledge all of the incredible Men and Women that serve with the Police Force, Ambulance Service, Fire and Emergency Services and the State Emergency Service.  What an amazing job you do in keeping order, performing rescues and ensuring that our community remains safe. We are in awe of the challenges that your job faces and the diligence of which you serve.

To our community, the flood waters might be residing but that does not mean everything is safe. Be careful in the clean-up. Be careful on the roads. Be vigilant of the wellbeing of your friends and neighbours.  Stay safe. Scrub hard. Soon our city will shine again.

Australian Lawyers Alliance Media Release – Disingenuous Insurer Seeking To Undermine QLD CTP Review Process

2023-09-06T09:10:37+10:0017/03/2017|Articles, General|

Australian Lawyers Alliance Media Release – Disingenuous Insurer Seeking To Undermine QLD CTP Review Process

As a law firm, it is always easy to enjoy a media release from the Australian Lawyers Alliance.  The latest article on the 20th of March 2017 highlights how insurance companies, particularly the RACQ are seeking to undermine the important review process that the Motor Accident and Insurance Commission (MAIC) has currently undertaken in regards to Queensland’s Comprehensive Third Party (CTP) scheme.

The highlights of the article include:

  • Queensland continues to have the best CTP scheme in Australia.
  • RACQ has suggested that the MAIC has undertaken an improper process with the CTP review.
  • The Australian Lawyers Alliance spokesperson Rod Hodgson notes that the RACQ is an insurance company first and therefore the best interest’s of their members comes a distant second.
  • Mr. Hodgston further comments on how for years CTP insurers have been making double the profit percentage that they were originally modeled to receive under the scheme.
  • As scheme regulator, the MAIC are doing their job by investigating the super profits of insurance companies.
  • Mr. Hodgson commends the MAIC and urges them to continue forth with the review irrespective of unwarranted attacks from insurers to ensure that Queensland’s CTP remains the best in Australia for supporting injured motorists.

Should you wish to read the media release in its entirety follow the link below.

https://www.lawyersalliance.com.au/news/disingenuous-insurer-seeking-to-undermine-qld-ctp-review-process

Word Is Getting Out About Revolution Law – What A Day

2022-06-28T17:54:40+10:0029/09/2016|Articles, General, Injury|

Word Is Getting Out About Revolution Law – What A Day

We have had some rapid growth in new personal injury clients occurring over the past few months particularly with our referral base where the word about our capped fees on no win, no fee personal injury claims is really getting out.

We’ve seen client enquiries and visitor numbers to our website increasing Gradually each & every month but today we literally saw an explosion in visitors and client enquiries alike.

Whilst we are extremely happy to see our firm excel, we actually find more happiness in being able to help everyday Queenslanders as we love nothing more than to see them from the start of their journey from the difficult times to the better times when we are able to provide some closure and obtain justified compensation but also go one step further to ensure that they always receive the majority of their settlement, rather than losing half.

So we thought we would share you in our success, not just today but our overriding success in helping others with the personal injury claims whether it be a motor vehicle accident to a work injury claim – we are there for you!

A snapshot of our successful day today (and it isn’t even over) with an explosion of Queensland Based Visitors

How To Review A Personal Injury Lawyer

2022-06-28T17:56:30+10:0022/09/2016|General, Injury, Tips & Tricks|

How To Review A Personal Injury Lawyer

Personal injury lawyers are not only expert injury lawyers; they are also brilliant sales representatives for their firms. When you meet with a lawyer, it’s important to be able to see through all the fancy fluff and legal lingo to make sure you will not only to get the best deal but also the best service.  If you are looking for the best reviews of personal injury lawyers then you will need these three top tips to help in your search.

1.       Shop Around

There are plenty of personal injury law firms. Big brand firms can easily spend hundreds of thousands a year on advertising. With so many claims opening these firms can become like legal sweat shops as lawyers have such huge caseloads.  Obviously with so much pressure, those lawyers are often in a position where they need to get quick results without taking the time to get the best results. You certainly don’t want a lawyer that will churn and burn through your claim, particularly if you have what they may term as ‘a lower end’ or ‘minor’ claim that won’t necessarily result in serious profit for the law firm.  It’s important that you find a lawyer that genuinely cares. Furthermore, it definitely helps when a firm relies on word of mouth to retain clients as opposed to marketing because then you know that the firm is going above and beyond to ensure their clients have the best legal experience.

2.       Take advantage of the free meeting

Remember lawyers are excellent at sales, so be wary. It’s a good idea to have a support person with you in the meeting as you will be inundated with information and then pressured to sign paperwork.  You do not have to sign right there as you should be advised to obtain independent advice regarding the client agreement however if you do, the client agreement should contain a cooling off period of five business days. Make sure you understand the terminology the lawyers will be using, if you don’t then ask the lawyer to explain exactly what they mean.  Many of the online reviews about law firms are often a result of clients not understanding what was going to happen until it was all said and done – that’s one way to feel like you have been taken advantage of. Client meetings are also a great opportunity to get to know your Lawyer. Some great questions to ask your Lawyer would include:

  •         How many files are they personally handing?
  •         Will you be able to contact them directly via either text or phone?
  •         How they will be providing you with updates and at what frequency you will be receiving them?
  •     What type of experience in this area of law have they had?

3.       Know the costs

It is important for you to understand the actual costs of your claim. Lawyers are entitled to uplift their fees by up to 25 % of their normal hourly rates if they reach a successful outcome. It isn’t hard to believe that a lawyer would not take on your case unless they were confident with its potential success so avoid a firm that wants to chew into your settlement via the uplift fee clause.  At Revolution Law- there is no uplift.

We will take you through a fee disclosure to ensure you are not blindsided by costs. Personal injury law firms also have to cap their fees at 50% of the total settlement amount. This does not mean we will take 50% of your settlement, it just means in low-end claims which may only settle for 30 thousand, we would be capped at 15 thousand dollars for legal fees. To settle a claim takes 12-18 months and easily 100 plus hours of legal work. This 50% cap simply protects people from losing all their money in legal fees.

Obviously, this might make you question if you should get a personal injury lawyer for a low-end claim. This is when you take advantage of our free consultation. We will look at how viable your claim is and you can question us on whether it’s worth running yourself.  We will have no hesitation in reviewing and determining this for you.

It’s a daunting experience particularly after a life-altering event such as an accident.

We wish you the best in your search for a personal injury lawyer and remember, personal injury lawyers aren’t all that bad if you find one will to go above and beyond!

If you have any queries or need for a second opinion, then call and chat to one of the Revolution Law lawyers today.

CTP Due? Are You Wondering What QLD’s Four Biggest Insurers Generate In Insurance Premiums?

2022-06-28T17:57:50+10:0024/08/2016|Articles, General, Tips & Tricks|

CTP Due? Are You Wondering What QLD’s Four Biggest Insurers Generate In Insurance Premiums?

Recently we reviewed the annual results for the 2014- 2015 Motor Accident Insurance Commission’s annual report. We noted that within QLD the four big insurers generate close to $1.5 billion in insurance premiums and from that huge amount, only 750 million is paid out in claims. The total pool of motor vehicle claims in QLD totaled 6,734. An average claim therefore totaled approximately $111,375.

Each claim is different, some worth more than this average and some worth less. When clients ask us what their claim is worth, we are able to give ball park figures based on our experience. However, each claim is unique and this ball park figure can often become distorted by the evidence we discover during the claim process.

So taking that figure of $750 million which is paid out in claims, we have untangled the results to provide a further breakdown from the percentage of the claim payments into the areas of a claim to illustrate the main components of a motor vehicle claim.

Economic Loss (loss of income from work) – 48%

This area is the main focus of any claim therefore there are a lot of categories of clients that are disadvantaged in a claim despite receiving the same injury as another claimant, if they do not prepare their claim in a way that represents the loss suffered, there claim will be significantly reduced.

General Damages (pain and suffering experienced) – 11.2%

There is a real stigma in the community that they should be adequately compensated for the pain and suffering that an injured person received as a result of a motor vehicle accident. Unfortunately the 2010 Government reforms reduced the amounts of compensation that can be awarded for pain and suffering or loss of amenity of life which resulted in this damage being significantly reduced in claims.

 Legal Costs (contribution to legal fees & evidence costs) – 15.6%

This figure is another result of Government reform as the threshold that needs to be reached for an injury claimant to obtain a contribution towards their legal costs continues to increase each year thereby becoming more difficult to obtain. That said, it is still being obtained however without expert in personal injury law, it would be difficult to reach the upper threshold to receive a higher settlement thereby receive the contribution.

Medical/Treatment – 10.5%  

This is a payment to reimburse for medical treatment or rehabilitation or future medical costs.

Care (Medical and Gratuitous Care) – 9.1%  

A lot of people do not know that they are entitled to claim gratuitous and/or paid care that is required due to a motor vehicle accident. Gratuitous care is the care provided to a person without receiving payment and can include domestic care, nursing services and general services that aim to lessen the consequences of the motor vehicle injury.

Other – 5.6%

This can cover other areas such as interest and tax.

Workers Win In Supreme Court Judgement On The Duty Of Care Owed By Employers

2022-06-28T17:59:07+10:0020/04/2016|Articles, General, Workers Rights|

Workers Win In Supreme Court Judgement On The Duty Of Care Owed By Employers

Written by Noah Mortensen

The Supreme Court of Queensland has ruled that employers owe a significant duty of care towards employees for their fatigue from working long night shifts. Despite the accident occurring far from and well after work, the Court found that employers should be providing a high standard of care towards their worker’s education.

Mr. Harold Kerle was severely injured in an accident occurring in a drive home from his working location in October 2008. Almost three hundred kilometres away from his working location and four hours after his shift ended, Kerle had a motor vehicle accident. The accident occurred as he fell asleep and crossed lanes, colliding with an oncoming vehicle. He suffered personal injury from the accident which required compensation amounting to $1,250,000.

Mr. Kerle showed that he was entitled to sue his employers for being negligent through the Workers’ Compensation and Rehabilitation Act 2003, which provides for injuries caused by incidents when travelling between work and home. As the car accident was still part of his travel home from work, it was covered by the Worker’s Compensation and Rehabilitation Act 2003.

The Court then examined the facts Mr. Kerle and his expert advice provided. He had been given three consecutive night shifts lasting over 12 hours each, which interrupted his body’s natural rhythm. He was very fatigued as a result of his work, but was not aware of his tiredness at any point, had been a truck driver for many years, and also had a good driving record. Mr. Kerle was not allowed to refuse the shifts given to him.

Having considered all of these elements, the Court decided that the employers for Mr. Kerle owed him a duty of care, and were responsible for the injuries he suffered as a result of the motor vehicle accident. The Court stated that the employer should have provided much better training about fatigue, and its risks, and should be more responsible when giving out shifts. They could have reduced the risk to their workers by providing a bus service, or a resting period and a place to rest for their workers at the end of the shift.

Mr. Kerle’s injuries were ordered to be compensated by the Court, upholding employer’s responsibility to give their employees proper training and care.

If you have been injured while working or on your way to work, you are entitled to compensation. Contact Revolution Law’s team of professionals to discuss how to make a compensation claim for your workplace injury.

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