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 $2,000,000.00, 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.
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  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
Past loss of economic capacity
Future economic loss
Future economic loss
Interest on medical expenses
$4,467.37 x 1.48% for 4.5 years ÷ 2
Future medical expenses
O’Connor v Wright  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
Past Special Damages (including interest to date)
Future economic loss
Ketchell v RACQ insurance Limited  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  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
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
Past Economic Loss
Future Economic Loss
Past Special Damages
Future Special Damages
Future Special Damages
Busch v Parker & Anor  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
Total Pharmaceutical expenses
The claim amount for past economic loss
Claim for future economic loss
Damages for personal injury and loss of the amenities of life
Interest on past economic loss
Loss of superannuation
Total claim amount
Allen v O’Donnell & Anor  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.
Past economic loss
Interest on past economic loss
Past loss of superannuation
Future economic loss
Future loss of superannuation
Interest on alternative accommodation
Future rental expenses
Future home modifications
Future medical expenses
$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.
What to Do Once Your Workers’ Compensation Claims Ends
Workers in Australia are protected by a special form of insurance known as Workers’ Compensation. In QLD, Workers’ Compensation is handled by a state government entity called WorkCover Queensland. If you become injured at work, you may be entitled to claim Workers’ Compensation through WorkCover.
Claims entitle you to the payment of wages while you are unfit for work, as well as any medical or rehabilitation expenses you incur.
Being unable to return to work when your compensation claim ends can be a significant hurdle, especially in cases where your injury is severe. For those times, it is essential to understand your rights and what you need to do next.
If you reach the end of your Workers’ Compensation claim and you are still unable to return to work, contact Centrelink as soon as possible.
Centrelink offers two primary forms of support:
JobSeeker Payment. Introduced in 2020 as a replacement for the old Newstart Allowance, JobSeeker is available as financial help for people between 22 and Age Pension age, which is currently 66 years and 6 months in Australia. If you are injured and unable to do your normal work you may be entitled to JobSeeker under certain rules. You will need to supply a medical certificate when applying for JobSeeker following an injury.
Disability Support Pension. For people with permanent physical disabilities that stop you from working, the Disability Support Pension (DSP) may be available. You will need to meet certain age and residency requirements, and your injury will need to be fully diagnosed and severe enough to stop you from working at least 15 hours a week during the next 2 years.
Assess Your Financial Situation
Being unable to return to work will often result in severe financial hardship. In that case, you may be able to draw on your superannuation. Your super fund handles early access to superannuation, and you will need to apply with them to access your money. You will only be eligible for early access to your super if you meet both of these conditions:
You have received eligible income support payments from the government for 26 continuous weeks, and;
You are unable to meet reasonable and immediate family living expenses.
Due to financial hardship, you can access between $1,000 and $10,000 of your superannuation. However, you may only make one withdrawal from your superannuation in any 12-month period.
Some mortgages and other loan agreements also include disability insurance. These insurances make sure your loans are repaid if you become unable to do so due to injury. Carefully review any loan paperwork and speak to your lenders about whether you are covered.
Look for New Work
If you cannot return to your old work, you may still be able to perform a new job. A return-to-work program may be included in any rehabilitation you undertake as part of your Workers’ Compensation claim; however, keep in mind that in Queensland, WorkCover does not need to find you alternate work.
Workers’ Compensation is only required to pay your wage and fund any medical care or rehabilitation. Therefore, payments can end as soon as your injuries are stable, whether or not you can return to your previous job. If your compensation claim is ending and you are unable to return to normal work, then you need to begin looking for alternative careers.
The Revolution Law Team can Handle Your Workers’ Compensation Claim
If you have been injured at work, it is important to look after your future by investigating your Workers’ Compensation entitlements. We are not just talking about the latest Self-Care trends. Your Revolution Lawyer can tell you that in some cases, you can receive compensation and make a Common Law Damages claim against your employer. However, this process can be complicated, and there are time limits on making your claim, so you should seek legal advice as soon as possible. Your local Revolution Law team can provide all the advice and support you need to handle your Workers’ Compensation claim and ensure you receive the full benefits you are entitled to. Pop into your local Revolution Law Office for a chat with our team to find out what they can do for you.
Australians spend a lot of time on the road, and that means most of us are no strangers to road rage incidents. A survey from Budget Direct found that 45% of the population admitted to showing signs of road rage occasionally, and that a staggering 72% of respondents had been the victim of road rage incidents. Being involved with an aggressive driver can be a frightening experience. Most of us are lucky to get away with a few rude words, but situations can quickly escalate to personal and property damage. To avoid that outcome, it is important for every driver on Brisbane’s roads to know what to do in a road rage incident.
How to Handle Road Rage Incidents
The best way to handle road rage is to avoid the situation. If you do find yourself sharing the road with an aggressive driver, you can take the following steps to avoid or defuse the situation:
Do not engage the other driver. Avoid making eye contact or being drawn into shouting or gesturing.
Stay away from aggressive drivers in traffic. Increase the distance between your car and theirs or choose an alternative route.
Allow aggressive drivers to pass you. On multi-lane roads, allow aggressive drivers to pass you without incident. If you are being tailgated then maintain a consistent speed.
Stay in your car. If you come to a stop, remain in the vehicle. If the other driver leaves their vehicle then lock your doors immediately.
Do not drive straight home. When another driver is following you, drive to a public area or straight to the nearest police station.
Avoiding Aggressive Drivers
The behaviour of other drivers is out of your control in most situations. As such, there is nothing you can do to entirely avoid road rage incidents. To minimise your risk, however, the best tactic is to maintain your position as a good, safe driver and avoid attracting the attention of aggressive drivers. Minimise your risk of confrontation by:
Following road rules
Maintaining a safe distance from other cars
Being mindful not to block lanes, driveways and intersections
Using indicators to help other drivers predict your movements
Driving in a careful and predictable manner
Driving at the speed limit and keeping left on multi-lane roads
Allowing other drivers to overtake and merge in traffic
Not initiating or returning aggressive gestures and behaviours
Filing a Road Rage Claim
Even if you follow all of the above suggestions, it is still possible that you will be the victim of a road rage incident. Research suggests that as Brisbane’s roads become busier, the frequency of road rage incidents increases. That means many of the drivers who spend time on our roads each day may be targeted by an aggressive driver.
In most cases, these incidents are mild, only involving harsh words. If the situation escalates to physical violence or a collision between vehicles, you may be entitled to file a claim for a road rage incident. Road rage claims generally fall into several categories, depending on your mode of transport:
Motor vehicle claims. As with car accidents, if a road rage incident causes damage to your car or the car of another driver, you may be entitled to make a motor vehicle claim. Claiming vehicle damage during a road rage incident can be difficult. Many insurers will not cover the damage caused by the at-fault driver. If your car is damaged in a road rage incident, it is important to seek professional advice as soon as possible to find out if you can make a claim.
Personal injury claims. Some road rage incidents can escalate to physical violence or personal harm. It is possible to make personal injury claims to cover your medical expenses, lost income and undue or psychological suffering. As personal injuries sustained in car accidents can significantly worsen over time, you should seek medical attention and professional legal help as soon as possible.
Pedestrian and bicycle claims.Pedestrians and cyclists are protected by Australian road rules. Personal injuries and property damage that you sustain as a cyclist or pedestrian may entitle you to make a claim against the at-fault parties during a road rage incident.
Contact Your Revolution Lawyer if You Are the Victim of a Road Rage Incident
If you are injured or your car is damaged during a road rage incident, seek professional advice as soon as possible. Your local Revolution Law team can make sure the incident is properly reported to authorities and insurance companies. We will also assess the incident and assist you to make any personal or motor vehicle claims you are entitled to. Get in touch with us today for a consultation and more information on making road rage compensation claims.
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
rehabilitation expenses (such as physiotherapy or counselling)
lump sum compensation for permanent impairment
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
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.
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 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!
Here is a truck accident claim example one of our clients wrote for us. It explains the journey through their accident and how Revolution Law helped them through the after effects of the accident itself, from injury to compensation.
It was an early weekday morning in May in the suburbs of Logan. The weather was cool and the sky a crisp blue. I was a passenger in a truck and we were working, going from customer to customer exchanging garden bags. The workload was lighter than usual, and we were making good progress. The roads were quiet due to Covid.
We finished the service at a favourite customer's home - he always came out for a laugh and a quick chat- before we climbed back into the truck and started driving towards the next client's house only a few kilometres away.
We were doing less than 20 km/ hour slowly rounding a corner when we heard a frighteningly loud bang like an explosion. Immediately the truck veered and nosedived to the right-hand side, the wheels lifted off the road on the passenger side. The truck mounted the gutter and hit a small tree before bouncing back on all wheels and then, in seemingly slow motion tipped over and came to rest on the passenger side of the truck.
It all happened so quickly and yet so slowly, and I have relived those seconds many times in my mind. The cab's contents, invoice books, run sheets, brochures, pens, tools, ropes, a plastic basket and water bottles flying like meteors around the cabin space. The noise of the initial bang, the skidding and the thumps of the truck hitting the gutter, the tree cracking, the sound of our heavy truck twisting and falling to its side and landing with a crash. Glass breaking with an explosion and shattering. Then the stark silence before the local neighbourhood people poured out of their homes in concern. The sounds of sirens, police, ambulance and fire engines all making their way to us -to our accident.
I remember watching my business partner with both hands gripping the steering wheel in a desperate attempt to regain control. Later we find out that the steering wheel is useless if the wheels are not in contact with the road. He told me the next day that all he heard was my screaming.
I am belted in and remain in an odd slumped position despite the truck being on its side, my business partner is dangling out of his belt as gravity forces him towards me. I have shattered glass on the ground outside my window.
He climbs out of the cabin through his window, and I remain inside to find and gather the work phone and run sheets. I don't know why -it just seemed important at the time. People are looking at me through the front windscreen like I am a goldfish in a bowl. I clamber up inside the cabin using the steering wheel to get out of the window, someone has bought a ladder out so I can get down. I am in shock – horrified at the damage to the truck, confused about why it happened, and deeply concerned about our customer base and how we will work because work earns the money that pays my wages.
The truck looks exposed and crippled as it lies on its side, wheels in the air, oils leaking from somewhere in the engine. Broken glass and six cubic m of green waste are scattered over the road and footpath.
People bring out a towel for me to sit on and water to drink. But adrenalin has flooded my body, and I am unable to focus. The Ambo's are questioning me, asking if I am okay, and I brush them off, telling them I am fine. I am taking photos and videos, trying to piece together what had happened to cause such a devasting outcome.
Hours pass, and we have organised a bobcat to clean up the road. A massive tow truck comes to right our truck onto its wheels and move it to a holding yard. It is written off.
The emergency vehicles leave one by one and I retrieve what is needed from the truck and road, the glass is swept up and the neighbours thanked. My daughter has come and she takes me back to my home and stays to chat for a while.
Over the next few days, my shoulder is oddly sore and I find huge purple bruises on the backs of my calves. With all the external dramas of contacting customers and making arrangements for our workload I don't take much notice of the injuries expecting them to dimmish with time. Covid has changed my local Doctor's policies, and I eventually had a phone consultation, but she tells me to take painkillers and go to Casualty if required.
I am already taking Panadol and favouring my shoulder so it seems pointless to sit in a hospital waiting room, especially as Covid continues. I am stoic, strong and believe my body will repair itself. I have regular massages and purchase various creams that promise pain relief.
Weeks pass and life goes on. The compulsory time off physical labour finishes as soon as we reconfigure a new garden bag truck. My shoulder, which had been tender, now starts causing me more pain with the additional exercise. As time passes I begin seeing a bigger impact on more areas of my life. I have a few bee hives and struggle to lift up the heavy honey loaded frames. I visit my son in FNQ and noticed shoulder weakness when swimming in the beautiful waterfall rock pools.
I finally went to a doctor and asked for advice, and she suggested physiotherapy and making a personal injury claim.
I choose Revolution Law for a few reasons but especially as they specialise in MVA's (motor vehicle accidents) Lawyer Lisa explains everything, answers my questions, and it's quite simple to sign up.
The insurance company immediately start covering the physiotherapist's costs.
Over time Lisa gathers the evidence of the impact of the accident on my life. She gets the police report, my Doctor's records, tax documents, physiotherapy records and from all these and more she quantifies the cost to me, financially, emotionally and physically. She checks in on me occasionally to see how I am coping. It takes some months as it's not until the injury has settled that can we see the impact on my life going forward.
After some months the injury seemingly stabilised and I was asked to visit two Medical Specialists for IME reports (Independent Medical Examination) – one organised by Revolution Law and the other by the insurer. The appointments seemed to be a daunting prospect but they were easy – all they were looking for was the truth. Both Specialists asked questions and requested me to move my arm and shoulder in various ways.
The end was in sight and the time came for the 'Compulsory Conference'. This is a meeting between my lawyer and the insurance company. We sit at a table together, my barrister formally explaining why I deserved to be compensated and the insurer impersonally stating why I should not be compensated. In my case, the insurer asked some questions of me – easily answered and I got a chance to thank them for paying for the Physiotherapy sessions. After some too-ing and fro-ing between Lisa, the Barrister and the insurance representative they came to a conclusion and a sum of money agreed on. At all times I was included in the discussions.
This money comes from the Compulsory Third Party insurance we all pay with our vehicle registrations. This money is set aside so if someone is injured it will fund the cost to return them to the position they would be in if the accident did not happen.
If you have been in an accident as a passenger or a driver and have had injuries that impact your working and daily life – don't be afraid to reach out and seek help. It will stop you being in an ongoing world of pain. Having a lawyer to stand between you and the insurance company not only speeds up the process but takes away the pressure of dealing with a considerable amount of back ground work and lets you get on with healing your body and mind.
True Story. It was bucketing rain with flooding everywhere, saturating the ground and overflowing the rivers. A phone call comes into our office. A young person has just purchased takeaway food at a local Multinational Fast Food Outlet. She walked outside, slipped on the wet path, and fell, hurting her wrist. She rang us hoping for a significant compensation payout.
We asked the questions to tick the boxes:
Have you been to the doctor or hospital?
Are you employed, and will this injury stop you from working?
Will this injury impact your life long-term?
Was there anything that this place could have done to prevent your accident?
The accident has happened anywhere in Queensland.
In this particular personal injury claim she had not seen a doctor (and did not intend to). She was unemployed, so the sore wrist would not impact income earnings. And with the heavy rain falling over the suburb, causing wet surfaces everywhere, there was nothing the Fast Food Giant could have done to prevent the fall.
To make any personal injury claims
There must be an insurer of the premises or facility you had the accident at.
There needs to be fault by the owners or occupiers of the premises. They should have / could have done something reasonable or within their duties to prevent your accident.
The injury has caused loss to you. It might be a loss of wages, employment or lifestyle.
We are not the lawyer for you if you want to scam an insurance company.
But we know accidents happen, and if they do, we can step in and advocate for you whilst you return to the best version of yourself. Some injuries cause permanent damage, and other injuries can eventually repair with surgery, medication, physiotherapy, counselling and other treatments over time. Whatever type of injury you have had, we are in this for the long haul with you and for you.
If you have had an accident, give us a ring, and we will chat. There are time limitations in making a personal injury claim so don’t hesitate too long!
What are the time limitations on injury compensation claims? and what are you entitled to? This blog answers these questions and supplies you with general information surrounding the injury claim process.
The injuries you suffer can have a dramatic effect on your life. Personal injuries have the potential to impact your family, work and burden you with large medical expenses. The good news is that you may be entitled to make a personal injury claim against the person or organisation responsible for your injury.
When you make a claim for an injury that occurs at work, in public or while driving, you can seek money to cover the value of your damages. In most cases, this means you can claim compensation for things like medical expenses and lost wages, but in cases of severe injury, you may also be able to claim damages to cover undue psychological suffering. The severity of your injury and the setting where it occurs will have an impact on the claim you can make, especially in the form of time limits.
Workers’ Compensation Claims Time Limits
If you are injured at work, then you may lodge a claim with WorkCover Queensland within 6 months of the injury occurring. Queensland’s Workers’ Compensation system has a ‘no fault’ scheme that means you are entitled to apply for compensation, regardless of who caused your injury. The 6-month time limit may be waived by WorkCover in special circumstances, such as:
Where WorkCover is satisfied that your failure to lodge a claim was due to a mistake, your absence from Queensland or for some other reasonable cause.
Public Liability Claims Time Limits
When your injury occurs in a public place and is due to someone else’s negligence, you must lodge and resolve your public liability claim within 3 years of the injury occurring. Despite the name, public liability claims also cover injuries that occur in private places, such as at sporting fields and shopping centres. Public liability claims are often lodged for the typical slips and falls but may also cover more unusual injuries such as food poisoning.
Injuries at parks, leisure centres or other public places
Injuries at rental properties
Injuries on private properties such as shopping centres
Injuries at schools and universities
Proving your public liability claim will usually include showing that the owner of a property owed you a duty of care and that they failed to meet an appropriate standard of care.
Motor Vehicle Claims Time Limits
Car accidents are an unfortunate reality of driving on Brisbane’s roads. If you are injured in a car accident, you can claim a personal injury within 3 years of sustaining the injury. Due to the severity of car accidents, it is important to seek legal advice as soon as possible. Minor injuries can worsen significantly over time, and if you miss the 3-year window to lodge your claim, you may not be able to claim any damages at all. Some types of injury also have much shorter limitations placed on them, so speak to your Revolution Lawyer as soon as possible.
What Happens if I Miss the Time Limit on a Claim?
Depending on where and how your injury occurred, you may still be able to make a claim after the nominal time limit has expired. These extensions are usually only granted in exceptional circumstances and are at the full discretion of the court. If you suffer a personal injury at work, in public, while driving your car, or at any other time, it is important you seek legal advice as soon as possible.
Do You Have a Personal Injury Claim? Revolution Law Can Help
Injuries can have a major impact, but lodging a personal injury claim can help you manage the difficulties and keep your life on track. Due to the complex nature of personal injury matters, it is important that you seek legal advice as soon as you can. Any claims you need to make will be subject to a time limit, and courts are not always able to grant extensions if the limit has expired.
Speak to Revolution Law about any work-related or personal injuries, and let our team provide the help and support you need. We will assess your case and determine whether you have a viable claim, and then walk you through the process of correctly recording and lodging your claim. Get in touch with us today and let your Revolution Lawyer help you work towards the best possible outcome for your situation.
We went to Court to prove our client was not at fault in a car accident
Revolution Law’s very first client, Dane, is one of the nicest of guys. Sadly in 2015, Dane was involved in a catastrophic head-on collision with another vehicle while traveling along Bribie Island Road.
His accident is a testament to why we have Compulsory Third Party (CTP) insurance in Australia which protects drivers who are not at fault in an accident. Our role as personal injury lawyers is to ensure the best possible compensation outcome for victims of road accidents. The heartbreaking reality is that victims of tragic car accidents have their lives forever changed through no fault of their own. No amount of money can truly compensate for the pain, the grief, and complete change of life that a victim and their community circle must go through.
Compensation is a monetary value that allows a victim to live life without suffering a financial burden due to a car accident. As with all personal injury claims, Dane’s matter had a mediation conference. In most cases, it is at this conference where the claim settles, and the compensation figure established. However, if mediation is unable to be reached, then a claim commences to Court proceedings. In Dane’s case, the matter proceeded even further to trial.
Heard at the Supreme Court of Queensland in May 2020 with the purpose of establishing whether the collision occurred because of the negligence of the other driver or whether any failure on the part of Dane caused or contributed to the collision. At this trial, the Court found that the other driver breached the duty of care as a fellow road user, which resulted in the car collision. The collision was found not to be caused or contributed to by any negligence from Dane. A terrific outcome for Dane, but unfortunately it was appealed by the other driver.
This appeal saw this case back to the Supreme Court of Queensland in the Court of Appeal with the hearing held in September 2020. The judge reviewed the extensive evidence and submissions supplied by both parties, and once again, Dane was established not at fault for the accident. The verdict of the earlier judgment was upheld, and the appeal was dismissed. As a result, justice for Dane was achieved, allowing for future monetary compensation to reflect the establishment of liability.
Thankfully, personal injury claims very rarely end up in the Courts. What is essential to take away from this is that having the right Lawyer is crucial in determining whether proceeding to Court will result in the best outcome. If this is a case, you want a lawyer who not only understands your position but has the experience and enthusiasm not to shy away from a fight.