What Does a Car Accident Lawyer Do? 

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

What Does a Car Accident Lawyer Do? 

What Does a Car Accident Lawyer Do? 

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

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

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

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

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

We documented;

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

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

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

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

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

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

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

Average Payout For Car Accidents

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

Average Payout For Car Accidents

How do accident lawyers provide a payout estimate?

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

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

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

07 3341 6999   or reach out to Wendy via  wendy@revolutionlaw.com.au

Examples Of Car Accident Injury Pay Outs

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

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

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

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

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

Injury Compensation Outcome

Pain and suffering

Item 88 ISV 10

 $16,150.00
Past loss of economic capacity $59,675.00
Future economic loss $107,786.00
Medical expenses $8,257.07
Interest on medical expenses

$4,467.37 x 1.48% for 4.5 years ÷ 2

 $148.00
Future medical expenses $8,760.00
TOTAL $200,776.07

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

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

Injury Compensation Outcome 

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

 

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

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

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

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

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

Injury Compensation Outcome

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

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

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

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

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

Injury Compensation Outcome

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

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

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

Mr Busch Personal Assessment of Damages – Not Awarded 

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

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

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

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

Injury Compensation Outcome

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

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

Safe Driving With Children

2022-10-27T17:07:28+10:0020/10/2022|Articles, General, Motor Vehicle|

Safe driving with kids

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.

Child Seats 

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! 

 

Kidsafeqld.com.au

 

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. 

Truck Accident Claim Example

2022-08-12T20:38:37+10:0028/06/2022|Injury, Motor Vehicle|

Truck Accident Claim Example

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.

We went to Court to prove our client was not at fault in a car accident

2022-07-13T13:27:54+10:0012/05/2021|Injury, Motor Vehicle|

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.

Manton v Harris & Anor [2020] QSC 102 Hearing Date: 5 May 2020, https://archive.sclqld.org.au/qjudgment/2020/QSC20-102.pdf

Harris v Manton & Anor [2020] QCA 241 : Hearing Date: 21 September 2020, https://archive.sclqld.org.au/qjudgment/2020/QCA20-241.pdf

Avoiding Accidents – Defensive Driving Techniques

2022-06-28T18:09:11+10:0028/01/2021|General, Motor Vehicle, Tips & Tricks|

Avoiding Accidents – Defensive Driving Techniques

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.

Avoid distractions

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.

Fatigue 

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.

What To Do When A Car Accident Is Not Your Fault?

2022-06-28T18:11:21+10:0021/01/2021|Motor Vehicle, Tips & Tricks|

What To Do When A Car Accident Is Not Your Fault?

So, you have been unlucky enough to end up in a motor vehicle accident at the fault of the other driver. It is understandable to feel overwhelmed and stressed, but there are some steps that need to be taken to ensure you can seamlessly make a claim, especially if you are uninsured.

To make things easier we have put together a list of our top 10 tips about motor vehicle property damage and who to call when you need help.

Stay at the scene & call an ambulance is necessary

Once an accident occurs you need to stop and stay at the scene of the accident. If you or the other driver/s are injured, then call 000 and request an ambulance to the scene of the accident.

Call the police

Even if you do not think the accident is that serious, it is important to call the Police if any involved parties are injured, if vehicles need to be towed, or if you estimate the damages are in excess of $3000. If they do not attend then you should still report the accident.

Obtain as many details as possible

While you wait for emergency services to show up try to gather as many contact details as possible. Important information includes full names and addresses, registration details, phone numbers, and insurer details. If there are any witnesses also try to obtain a witness statement and contact details from them. Taking photos of the accident from a variety of angles is also important for insurance purposes.

Contact the at fault driver

If the at fault driver is insured and puts in a claim then you can expect to hear from their provider. It is common for providers to request quotes for the damage incurred to your vehicle or other information to help with the claims process. If the at fault driver does not make a claim then you can take steps yourself. Even if you are uninsured you are still able to make a claim for compensation. The first step is to send the driver a Letter of Demand. This letter requests that the individual responds by a specific date and includes quotes that you have obtained from licensed motor vehicle repairers.

Driver refusing to respond?

If the at fault driver refuses to respond to your letter of demand then you can contact their insurance provider.  They will assess the police accident report, witness statements, and any photo or video evidence from the scene. You also have the option to take legal action. The experienced team at Revolution Law can help you with your car accident or property damage claims.

It is better to be prepared for the worst. By following these steps, you should hopefully be less stressed if you unfortunately end up in an accident. If you have any other questions simply get in touch with our friendly team today for an obligation free quote or for a chat.

What is Whiplash?

2022-06-28T17:09:31+10:0025/07/2018|Injury, Motor Vehicle|

What is Whiplash?

What is Whiplash?

Whiplash is a non-medical term used to describe neck pain which has resulted from a soft tissue injury to the neck. It is a common injury that is caused by a traumatic incident such as a rear end car accident, where in the neck is extended beyond its typical range of motion causing an abrupt forward backward movement to the spine. This form of injury can cause significant pain and disability.

Whiplash Symptoms and Diagnosis

Symptoms of whiplash can include neck pain and stiffness, spasms, headaches, shoulder pain and stiffness, jaw pain, ringing in the ear, backpain, dizziness, fatigue and a loss of a range of motion in the neck.

If you suspect you may have whiplash your treating doctor can diagnose clinically by a thorough physical exam.  The evaluation should include the observation of the your ability to move your head to the left and right, backward and forward and side to side. Your doctor will try to detect areas of pain and tension by observing and touching the muscles in your neck, head and upper back and shoulders. Strength, sensation and reflect testing should also be undertaken to detect and confirm any problems.

Soft tissues injuries such as whiplash cannot been seen on X-rays. Further specialised imaging such as CT Scans or an MRI may be recommended to ensure the accurate diagnosis of whiplash. However, they are not generally required as a doctor can usually diagnose with the physical exam.

Whiplash Treatment

If you have been diagnosed with Whiplash, then your Doctor will likely recommend over the counter pain medication. Additionally, you can attempt the following to minimise your pain;

Your Future

If your whiplash injury has an impact on your future, get in touch with one of our TPD lawyers today to see how we can assist with a compensation claim to minimise the impact on your life.

Compensation Payouts for Motor Vehicle Accident Claims.

2023-08-30T19:30:33+10:0009/05/2018|Injury, Motor Vehicle|

Compensation Payouts for Motor Vehicle Accident Claims.

If you have been injured in a car accident and you are wondering about compensation and monetary payouts then read on to find out the answers to the questions you are really asking.

Can I make a compensation claim after a car accident?

If you have been injured in an accident of which you are not at fault for then the answer is yes. Injuries can include anything from whiplash, broken bones and paralysis. It doesn’t matter if you are the passenger, another driver or a pedestrian, you have the right to bring forward a personal injury claim against the at-fault driver’s CTP insurer. If you are unsure of whose fault it was or have some odd circumstances then speak to one of our Lawyers for free about the accident.

How much are car accident compensation payout figures?

To give people a range that is specific to their case is impossible during the initial stages of their claim. Each claim is unique and compensation figures are based on a range of factors which are specific to the claimant. Before we can discuss figures we have to gather and analyse evidence, determine the extent of the injury, review your current economic loss and your predicted future loss, finalise what impacts the injury has on your life and so forth.

Averages of compensation payouts have been released in the 2017 Claimant Research Report conducted by the Motor Accident Insurance Commission (MAIC). You can review the report here.

• On their own, self-litigants averaged a total settlement amount of $13,481.94.

• The average amount self-litigants received in hand was $10,281.94.

• Injured claimants that opted for Legal representation averaged a total settlement amount of $93,305.46.

• The average compensation payout legally represented claimants received in their hand was $51,295.77.

Should I run my own personal injury claim?

If your intention is to save money on legal fees then read on. Firstly, personal injury firms like Revolution Law operate on a No-Win No-Fee basis. If we don’t win your case, then we won’t charge you any fees. But it’s not just about engaging a lawyer with no risk to you and without the requirement of having to pay upfront fees – it is the fact that to get the type of compensation payout results shown in the MAIC report requires easily 100 plus hours of detailed legal work from experienced and experts.

The average figures in the MAIC report evidence’s that claimants can be some 40 thousand dollars better off with their in hand payout. This is after legal fees are taken into consideration. These figures speak for themselves in the reality of engaging a lawyer.

Why Choose Revolution Law?

This is an absolutely shameless plug about the fact that we are proud of what we do and we love getting the best possible results for our clients. It’s a great feeling being able to see our clients move forward with financial security for their family after a traumatic event taking so much.

In your initial free consultation, we can easily assess your matter to see if it has any merit. We have no problems in being upfront with you. If we think you can get a better result without legal advice, we’d tell you!

Our fees are capped at 50% of your final payout. It doesn’t mean that we will charge you that much, it just means that if we do an extreme 500 hours of work and you only get a terrible settlement offer of only 20 thousand dollars then we can only take 10 thousand dollars in fees. Don’t stress too much, our lawyer will go through a full fee disclosure before you even sign up. We have nothing to hide and no the importance of being clear with fees.

Speaking about fees, it should be mentioned we have No Uplift Fees. Most firms charge an additional 25% on their fees if they have been successful on your matter. That is their way of trying to bump their fees up as much as possible. You pay for what you should, we don’t need a success fee because that is your entitlement.

Another one of our bonuses which can save you thousands is that carry the costs of obtaining medico-legal reports, plus the costs of gathering other evidence. Most firms use a third party which charges the client an exorbitantly high-interest amount which you have to pay back from your compensation. It’s the cash converters of the Legal world and it’s costly. When you are with us, we carry these expenses and the best bit is, we won’t charge you any interest and if your matter doesn’t settle then our business will bare those expenses so that you can truly walk away without any financial commitment.

Lastly, the Director and owner of the firm not only works at the office but is still actively engaged in overseeing and checking up on all clients throughout their claim’s process. You can get in touch with him at any stage throughout your claim. This firm is personal, you are not a number. Your success is our success.

How to Make Sure You Don’t Fall Asleep At the Wheel

2022-06-28T17:23:06+10:0002/03/2018|General, Motor Vehicle, Uncategorized|

How to Make Sure You Don’t Fall Asleep At the Wheel

In Queensland between 2004 and 2010 almost one in seven road accident fatalities were related to fatigue. Some injuries and fatalities could be avoided if drowsy drivers didn’t get behind the wheel. The key to changing these shocking statistics are taking action when you’re fatigued and developing habits that promote better sleep.

Sleep Deprivation Affects the Brain

Lack of sleep causes more than a few yawns. It changes the way the brain works. When you don’t get the rest you need, your mind tries to compensate. Neurons, the cells that send the signals to process information or move the body, slow down in an attempt to bring the brain to a sleep state. Your brain’s slowdown looks like:

  • missing exits and turns.

  • drifting out of your lane.

  • losing km’s (short-term memory loss wherein you forget the last few kilometers traveled).

  • increased aggression and mood changes.

When sleep deprived, your brain processes information at a slower rate, which affects decision-making skills and reaction times. The difference between a close call and a deadly accident may only be the matter of a few seconds. To make sensible decisions, the brain must be firing at full speed.

When It’s Time to Take Action

If you start to notice the symptoms of drowsy driving, even the early ones like slow blinking and frequent yawning, you can take action that could save a life. When driving alone, try pulling over in a safe, well-lit area to take a short nap. Short, 30-minute naps have been shown to reverse many of the effects of a bad night’s sleep. If you can’t spare that much time, 15-20 minutes might still be enough to get you home safely.

Road trips can be especially dangerous. When traveling with a partner, be sure to switch drivers every two hours. Take the time to close your eyes when you’re in the passenger seat. While you might lose a little time to fatigue, remember that you’re protecting yourself, your family, and everyone else on the road.

How to Get Better Sleep

For those who struggle with drowsy driving, try to make sleep a priority. Everything from stress to your work schedule may get in the way of getting a full seven to eight hours of sleep. But, better sleep can be yours with the right habits and conditions.

  • Create the Right Conditions: Your bedroom needs to be a sleep sanctuary. Be sure you have a comfortable mattress that supports your back and prevents any nighttime waking from aches and pains. The right pillow will also help you have a restful night. Keep your bedroom a cool 60-68 degrees at night and cut out as much sound and light as possible.

  • Eat the Right Food: Some foods actively promote better sleep. Foods rich in Vitamin B6, which is used to make melatonin, a sleep-inducing hormone, help your body regulate the sleep cycle. Try adding fish, chickpeas, or bananas into your diet. Calcium-rich foods also help the body release the hormones that trigger sleep. A warm glass of milk or low-fat yogurt before bed can help your eyes close faster at night.

  • Establish a Regular Bedtime Routine: Those who have trouble falling asleep often benefit from a regular bedtime routine that includes relaxing activities like a warm bath, reading a book, or a few deep breathing exercises. For the best results, perform your routine in the same order at the same time every night.

ASK ABOUT YOUR CLAIM TODAY

We offer a free meeting with one of our compensation lawyers on a no-obligation basis. We are confident in our expertise, client rapport, operating policy, and ability to get great results.

call

(07) 3416 4999

email

info@revolutionlaw.com.au

closest office

SPRINGWOOD  |  SLACKS CREEK  |  COOMERA

socials

ASK ABOUT YOUR CLAIM TODAY

We offer a free meeting with one of our compensation lawyers on a no-obligation basis. We are confident in our expertise, client rapport, operating policy, and ability to get great results.

call

(07) 3416 4999

email

info@revolutionlaw.com.au

closest office

SPRINGWOOD  |  SLACKS CREEK  |  COOMERA

socials

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