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When it comes to knowing your rights, seeking the best professional advice is critically important. At NSW Compensation Lawyers our results speak for themselves. We have represented thousands of compensation claims with overwhelmingly positive outcomes.
Learn more about the different injury and accident types and related law.
Unfortunately, not all holidays go according to plan and accidents do happen. Cruise ships, like all business operators have a duty to take reasonable steps to ensure your safety whilst on board the ship, including embarking and disembarking.
Given that cruises typically sail outside of Australian waters, determining which law applies in each case can be a difficult and complex process involving the application of international law, domestic law and treaties. It is important that you contact one of our maritime law experts quickly to discuss your case.
Incidents giving rise to possible compensation may include:
Given the complexity of the applicable law relating to claims arising on cruise ships, the process of each claim is likely to differ depending on what law applies.
However, regardless of what law applies, it is important to obtain as much evidence of your accident as possible. This will include things such as photographs, records how, when and where your accident occurred, the names of any witnesses or crew members who may have assisted you. It is important that you report your injury to the cruise line operator as soon as possible. You should keep a copy of any forms or agreements you have signed with the cruise ship.
What you can claim will be dependent on which law applies to your case. Generally, you may be able to claim compensation for medical expenses and lost wages as well as the cost of care provided to you by others. It is important that you discuss your case with our maritime experts about your case.
Given there are various time limits relating to maritime claims. It is important that you speak with one of our maritime experts about your case as soon as possible.
Airlines and airport operators have a duty to ensure that customers are not injured in the course of undertaking their trip. This duty to ensure reasonable safety for airline and airport passengers is similar to that owed by other businesses open to the public such as shopping centres etc, but it is modified by international agreement. This area of law is complicated and it is necessary that you speak with one of our specialists as soon as possible.
Given the busy nature of airports and the cramped and unpredictable nature of air travel, thousands of people every year are injured on planes and at airports sustaining serious injury and damages.
Where a passenger sustains injury and damage as a result of the negligence of either the airline or airport, then you may be able to make a claim for compensation.
Examples of common injuries occurring whilst a passenger on an airline include:
On the plane:
At the airport:
Under the applicable international agreement the sum of damages are calculated by the following four ordinary heads:
You must bring your action for injury within 2 years from the date of arrival at the destination; the date on which the aircraft ought to have arrived; or the date on which the carriage stopped.
If you do not bring your action within this time your right to claim will be lost forever and cannot be revived.
Product liability (also known as manufacturer’s liability) is the term which describes the obligation a vendor owes to a consumer. As a consumer, you have the right to expect that the products you purchase and use are safe. Australia’s product liability laws are governed by a mixture of common law, Federal and State Legislation.
Almost any consumer product can be unsafe or have danger associated if defective. A product liability claim is recommended where the injury has occurred due to the ordinary use of a product which was inherently unsafe or defective, namely:
• Household appliances and power tools;
• Industrial equipment;
• Children’s toys;
• Motor vehicles;
Consumers are protected from unsafe and defective products under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Additionally, consumers have a right to sue in tort for the negligent manufacture or supply of goods and services, where it can be proved that:
1. The product was inherently unsafe, faulty or defective with ordinary use or the manufacture’s or supplier’s conduct was, on the balance of probabilities, negligent;
2. The fault of the product contributed or caused your injuries; and
3. Your injuries are materially significant and causally related.
Majority of vendors have taken out public liability insurance which broadly covers any damage caused by their products. Generally, the rights and liabilities of the vendor are subrogated to their insurer who will oppose your product liability claim.
The claims process varies depending on the product and the circumstances it was used. Generally, a claim is structured as follows:
1. Initial Consultation with our product liability expert
2. Collect evidence and build your case
3. Run your case
4a. Settlement negotiation, or;
4b. Proceed to hearing
If you are successful in a product liability claim, you will be awarded damages which are dependent on your financial and domestic circumstances before the incident. The award of damages is to put you in the financial position you would have been, if the accident didn’t occur and are calculated under the following categories “heads of damage”:
• Non-Economic loss (such as loss of amenities of life and pain & suffering);
• Economic loss (loss of income, work capacity and superannuation);
• Medical treatment expenses; and
• Domestic care and assistance.
The limitation period on a product liability claim is prescribed by State legislation which requires you to commence the action in Court within 3 years from the date of the accident. We recommend you do not delay the matter and contact one of our product liability experts immediately.
Public Liability is the legal duty owed by an owner and/or occupier of premises to ensure a given premises are reasonably safe and free from foreseeable risk of personal injury.
What this means is that people or businesses who invite people onto their premises, must ensure that reasonable care is taken to ensure foreseeable risks to those entrants are removed.
Commonly, in places such as shopping centres and supermarkets, this duty will require the provision of adequate systems of cleaning to ensure tripping hazards, such as spills and wet floors, are cleaned in a timely manner. However, the nature of the liability is broad and depending on the nature of the premises, be it a shopping centre, a pub or club, rented home, public park etc, the obligation the occupier has to an entrant will vary depending on the circumstances.
The duty of an occupier also extends to individuals who occupy premises such as friends and relatives.
All medical practitioners and treatment providers owe a duty to treat you with reasonable care and skill as prescribed by the broader medical community. Medical negligence or medical malpractice is a term which is referred to where a medical practitioner causes injury to a person that is under care.
Medicine is a complex discipline and frequently changes with the advancement of health-care and biotechnology. You may have rights to commence legal action against a medical professional if there has been a failure to:
1. Diagnose pathogens or medical conditions correctly or at all;
2. Administer and prescribe satisfactory treatment and medication;
3. Perform a surgery and/or provide post-operative care;
4. Advise you and warn of any risks associated with medical treatment;
5. Correctly anaesthetise;
6. Maintain and clean medical equipment; and
7. Report the findings and results on examination.
The types of professionals and treatment providers who we have brought medical negligence claims against, include:
3. Public and Private Hospitals
4. General Practitioners (GP)
5. Surgeons (including plastic surgeons)
Claims can also be brought against allied healthcare professionals such as physical therapists, speech and language pathologists and respiratory therapists.
To succeed in an action of medical negligence, you must be able to prove the following:
1. The treatment provider or healthcare professional was negligent;
2. We must prove that the treatment provider effectively breached their duty of care by treating you below in a manner that did not comply with the generally acceptable medical standard;
3. The negligence or medical malpractice was the cause of your injury; or
4. In the case of a failure to warn, that you were not properly explained the risks involved in the procedure and had you been fully made aware of the risks, you would not have gone ahead with the procedure that caused you harm.
In a medical negligence action, you can claim damages incurred as a result of the negligence. The sum of damages is calculated based on your financial and domestic position prior to the incident. The damages are quantified by the following four ordinary heads:
1. Non-Economic loss (such as loss of amenities of life and pain & suffering)
2. Economic loss (loss of income, work capacity and superannuation)
3. Medical treatment expenses
4. Domestic care and assistance
Limitation periods apply in medical negligence claims and are generally restricted to 3 years from the date the negligence was discovered. It is possible that the time limit can be extended in cases that the harm suffered was not immediately obvious.
Even though motorcycling is considered to be highly dangerous, the chances of getting into an accident are not any higher than they are in a car. The consequences of an accident, however, can be much greater—even if you the motorcyclist are not at fault.
We seek to represent motorcyclists who can provide a strong case for compensation from motor vehicle accidents.
As with motor vehicle or other personal injury claims, anyone with a strong case can seek compensation. If you feel as though you’ve been injured and have incurred serious physical, psychological, and financial damages as a result of the reckless behavior or negligence of someone on the road, please talk to our team of experienced lawyers. We will do our best to ensure that you receive our utmost attention, and that you are fully rewarded to the extent that the law allows.
Good question. One of the main staples of a solid personal injury claim—and one that applies in particular to motorcycle accidents—is the ability to prove fault.
Police reports, images, testimonies, and traffic laws will all help support your case and relieve you of the burden of responsibility for an accident, but one of the best things you can do as a motorcyclist is dress safely. Aside from the obvious benefits to your health of wearing protective clothing while biking, these articles also serve to prove your legitimacy in the vent that you are struck by another car and injured.
If your claim goes to court, and you were not wearing a helmet or other safety features while on your motorcycle, the compensation package you receive will most likely be diminished.
Here are a few basic articles of protective equipment that we recommend wearing while motorcycling in order to help ensure you get full compensation should you be struck by a reckless driver:
• helmet (with a visor)
• long pants
• leather clothing reinforced with Kevlar
• sunglasses or eyewear of some kind.
That’s why we want to help you receive compensation for injuries incurred in an accident that you didn’t cause. Motorcyclists are disproportionately injured in motor vehicle accidents since they are not as well protected as drivers in cars, and yet they often are the victims of someone else’s reckless driving.
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If you have been injured in a public or private place, you may be entitled to compensation for any losses you have suffered as a result, including:
1. Slip & Trip and falls in public or private premises;
2. Injuries in public and private places including rental premises, Airbnb/short stay premises and shopping centres;
3. Injuries caused by defective premises, including broken tiles/flooring, staris, inadequate lighting etc
4. Amusement venue injuries;
5. Dog attacks and injuries caused by animals;
6. Physical Assaults, including assaults by security staff;
7. Injuries suffered in sporting, aviation, diving, water sports, recreational activities, schools and playgrounds.
Each State and Territory has its own laws that govern your right to personal injury compensation. This area of law is complicated and our dedicated public liability team will be able to advise you on whether you have a claim and guide you through the process.
To succeed in a claim of public or occupier’s liability, you must be able to prove that:
1. A person owed you a duty of care
2. That duty of care was breached
3. The person could have predicted that the breach would cause you injury, loss and/or damage
A public liability claim can be brought against an individual, public authority or a business (and related entities). Majority of occupier’s and businesses have taken out public liability insurance which broadly covers any damage incurred on their premises. Often, this will mean, particularly in the case of suffering injury whilst at a friends/relatives premises, your claim will be against their insurance policy, not them personally.
No two public liability claims are the same and the claims process varies depending on the facts. Generally, a public liability claim is structured as follows:
1. Initial Consultation with our public liability expert
2. Collect evidence and build your case
3. Run your case
4a. Settlement negotiation, or;
4b. Proceed to hearing
You may be able to make a TPD claim if you suffer from a serious personal injury or an illness that makes it hard or impossible for you to return to work. Your injuries could be the result of a car accident, an accident at work, or anything else that leaves you permanently incapacitated. TPD lump-sum payments can make the world of difference for you financially while you try to piece your life together again after an accident, but they can be difficult to obtain.
Many superannuation funds include some cover for TPD personal injury claims. If you’re in any doubt about your right to claim TPD, you can check your superannuation policy’s product disclosure statement to find out all the details.
Typically, making a TPD claim is a question of filling out the right claim forms along with your medical report outlining the details of your personal injury and any other supporting documents. Each case is different, but a TPD claim can take less than six months depending on your situation. It’s very much in your interest to get the help of an experienced legal adviser to assist you with your claim and take the pain out of the paperwork for you.
In order to make a successful TPD claim, you’ll need to prove that you are unable to return to the type of work you have experience and training in due to your personal injury or illness. The bar is set high and you’ll need to have medical evidence to verify the level of your permanent disability.
If your TPD claim is rejected by your superannuation fund, there are a few things you can do. First, you can lodge a complaint with the Superannuation Complaints Tribunal. If that’s unsuccessful then you can continue with court proceedings to appeal the decision. In any of these scenarios you’ll need the services of experienced TPD claim lawyers to ensure that you receive the compensation you deserve.
Each TPD claim is different and the amount you receive will depend on the amount for which you are insured in your superannuation policy. Contact your superannuation fund to find out your level of cover.
A claim at common law for workplace injuries is where a worker who suffers an injury due to the negligence of their employer makes a claim in the Court system for compensation for their injuries.
To receive compensation at common law for a workplace injury you need to show the Court that:
• your employer owed you a duty of care at the time of your accident; and
• your employer breached this duty of care; and
• you suffered injury and damages because of this breach.
Negligent actions take many forms and will depend on the circumstances surrounding your workplace injury.
In the past, the Courts have found employers to be negligent in providing inadequate protective clothing, allowing employee’s to use faulty machinery, failing to implement safe systems of work and not providing proper supervision or training to employees.
At NSW Compensation Lawyers we can advise you on whether your employer’s actions would be considered negligent by a Court and whether you should make a claim for common law compensation for your workplace injury.
I thought anyone who suffers an injury at work was only entitled to compensation under the Workplace Compensation Scheme. Am I wrong?
In New South Wales workers compensation has been regulated by the Workers Compensation Act 1987 which limits a worker’s ability to make a common law claim for compensation arising from an employer’s negligence.
You are only able to make a claim at common law if you have suffered a permanent whole person impairment of at least 15% as a result of your workplace injury.
To determine if you have suffered from a whole person impairment of at least 15%, our expert legal team will arrange for you to attend an Approved Medical Specialist to have your workplace injury assessed.
I was assessed twelve months ago as having a whole person impairment of 14%. Since the assessment my workplace injuries have deteriorated. What should I do?
At NSW Compensation Lawyers our expert legal team will arrange for you to undergo a further medical assessment to ascertain whether you now have a whole person impairment of at least 15%. If you do we can advise you on whether it is in your best interests to make a claim for common law compensation for your workplace injury.
Claims at common law are limited to compensation for past and future economic loss with future economic loss limited to the amount you would accrue up to the age of you becoming entitled to receive the age pension.
Any damages for non-economic loss will be awarded as a proportion of the statutory sum set out in the Workers Compensation Act 1987.
At NSW Compensation Lawyers we will look in depth at the circumstances surrounding your workplace injury and offer you expert advice on whether a common law claim for compensation for your workplace injuries is possible and whether it is in your best interests.
No. If you receive common law compensation for your workplace injury you will not be entitled to receive compensation under the New South Wales Workers Compensation Scheme.
In addition any weekly payments you have already received under the Workers Compensation Scheme will be deducted from your common law compensation.
It is important that you receive the best possible legal advice on whether you should make a claim for common law compensation and at NSW Compensation Lawyers we advise clients on this issue everyday. Our specialist workers compensation lawyers will make sure that you have all the right advice in order to make the best decision in how to claim compensation for your workplace injury.
Yes. In New South Wales people injured in motor vehicle accidents can claim personal injury compensation under the NSW Motor Accident Scheme. You must however prove that the driver of the vehicle or unidentified vehicle was responsible for the accident.
You are still able to claim personal injury compensation even if you are partly at fault in causing your injuries. For example if you were injured because you weren’t wearing a seatbelt or were driving under the influence of alcohol or drugs, you are still entitled to personal injury compensation under the Motor Accidents Scheme however, a deduction may be made from the damages you receive as a result of your own contributory negligence.
In some incidences where it is determined that you are partly to blame for the accident, your blame will be assessed in percentage terms and a deduction will be made from the overall damages you receive in the sum of our contributory negligence in percentage terms. For example, if it was determined that you were 10% liable for your injuries, then 10% would be deducted from the gross amount of damages you receive.
The expert legal team at NSW Compensation Lawyers deals with motor vehicle accident claims everyday and knows exactly what to do to make sure your claim for compensation meets all the requirements under the Motor Accidents Scheme. To make a claim for compensation you need to get the registration number of the vehicle that caused the accident and make sure the accident has been reported to the police. Our specialist motor accident compensation lawyers can assist you to complete the Accident Notification Form or motor accident personal injury claim form. A claim needs to be lodged within 6 months otherwise an explanation for delay needs to be provided. It is imperative that a claim be lodged within that time limit otherwise you could be precluded from lodging a claim at all. You need to also ensure that the form is lodged with the insurer within 28 days of the accident.
The professional legal team at New South Wales Compensation Lawyers will handle all the red-tape requirements for you to ensure that you receive your just compensation as quickly as possible.
You can make an immediate claim to the insurer for reimbursement and payment of your reasonable and necessary medical treatment as well as any loss of income if you are unable to work.
The insurer will pay you up to $5,000 for treatment and loss of income suffered within six months of the accident. This payment is to assist you until the insurer determines your personal injury claim.
Talk to NSW Compensation Lawyers today and we can help arrange for reimbursement of your medical expenses and loss of income as soon as possible.
The amount of personal injury compensation you receive depends on the severity of your injuries. Generally heads of damage that can be claimed may include lump sum compensation for non-economic loss (pain & suffering), past and future medical expenses, past and future economic loss and past and future domestic assistance and care.
The insurer will make an offer of settlement to you once it is determined that your injuries are stabilised and your claim is capable of being assisted. It is important to receive independent legal advice prior to accepting any offer of settlement to make sure you are receiving your just compensation.
At NSW Compensation Lawyers our experienced motor vehicles accident compensation lawyers will be able to advise you whether any settlement offer is in your best interests. We negotiate with insurers on behalf of our clients every day and we will fight to ensure that you receive your maximum entitlement to compensation.
People who suffer a spinal cord injury, a moderate to severe brain injury, multiple amputations, serious burns or blindness from a motor accident are able to access the Lifetime Care and Support Scheme.
The Lifetime Care and Support Scheme provides lifelong treatment, rehabilitation and attendant care for people who suffer a serious motor vehicle injury. The skilled legal team at NSW Compensation Lawyers handle compensation claims for people who suffer severe injuries in motor vehicle accidents with compassion and vigilance and will be able to advise you on what your loved ones entitlements are in terms of compensation.
Our senior lawyers will assess your case for free*.