April 24, 2019

Frequently asked questions on injury claims:

What does “no win no fee” mean?

It means the lawyer / law firm will not charge you for their fees until the successful outcome is reached.  Things to look out for – are outlays also covered by this promise?  What about if you...

September 10, 2018

Crane v Boyd and Allianz Australia Insurance Ltd [2018] QDC 177

James Crane was injured at no fault in a motor vehicle accident.  The insurance company for the other driver admitted fault.  The dispute was over what injuries he sustained and how much compensation he sho...

June 13, 2018

Scary part:

Now!  Important time limits apply!

Some people may be aware they have 3 years to make a claim so there is no rush, but this is not the case for all claims.  For example, a person injured by a vehicle that is unidentified has only 9 months to serve a complying...

May 28, 2018

Personal injury cases in Queensland (Gold Coast & Brisbane included) are subject to rules depending on their type.  People can be injured at work, in a motor accident or away from home (eg in a shopping centre).  We will look at each type of claim to answer the questio...

May 16, 2018

There seems to be a new injury law firm popping up every week on the Gold Coast and Brisbane, each claiming to service the other area.

Many Brisbane firms now offer home visits on the Gold Coast, or to see you at a local visited office.  NSW and Victorian firms are doin...

May 15, 2018

Pocock v Citi-Steel Pty Ltd [2018] QDC 81

Link - https://archive.sclqld.org.au/qjudgment/2018/QDC18-081.pdf

Facts

Pocock was in his first year of working for a company as a driver / small crane operator.  He almost exclusively worked for the defendant via a labour contrac...

April 3, 2018

Background

Consumers (people and businesses) purchase insurance to protect against risk.

An insurance product is a contract.

It says:

-          Consumer owns asset (self, house, car etc);

-          Consumer will be paid a certain su...

March 26, 2018

Short answer:

Your claim is worth what an insurance company is willing to pay to settle it for.  Failing settlement, it is worth what a judge assesses your claim is worth.

That may seem unkind, but in truth, a lawyer can only advise what they believe the value of your cl...

March 2, 2018

A recent Supreme Court decision of McDermott v. Manley & Anor [2018] QSC 35 has added to the understanding of how and when a CTP insurer can claim rehab costs they have funded be taken into account when calculating damages.

Background

When liability is admitted in part o...

February 7, 2018

Whiplash injury

Complaints of neck injury from sudden stopping events pre-dates the motor vehicle and started with railroad / train incidents.  The first terminology for the neck injury / pain complaint was “railway spine”.

The common cause in modern times is the rear en...

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