Personal Injury Law Services
Motor Accidents Claims
There are strict procedural time limits for compliance when making a motor accidents claim for accidents occurring before 1 December 2017.
We offer no win no fee in conducting these claims. We do not charge you our fees unless we can get you compensation.
- The accident will have to be reported to a Police officer with 28 days of the accident.
- A claimant will need to submit an Accident Notification Form with the insurer of the vehicle allegedly at fault within 28 days of the accident, to receive initial compensation for income loss and medical expenses up to $5,000, if applicable.
- A complete claim form will need to be submitted to the insurer within 6 months from the accident date. This form is complicated. Claimants may loose out a lot of legitimate compensation if the form is not properly completed.
From 1 December 2017 the law relating to motor accident claims changed significantly following the introduction of the Motor Accident Injuries Act 2017. The first is the introduction of statutory benefits that are available to any injured party involved in the accident, regardless of who is at fault. This inludes weekly payments (wage loss), medical treatment, and funeral expenses. The second change is a reduction in things a claimant can make for damages if another person is at fault, or if it's a blamless accident.
For accidents occurred from 1 December 2017 the following procedural time limits for compliance are required:
- The accident will have to be reported to a Police officer within a specified period following the accident.
- A claim for statutory benefits will need to be made within 28 days of the accident. If a claim is not made within such time, weekly payments of statutory benefits are not payable for the period before the claim is made.
- A claim for statutory benefits will need to be made within 3 months of the accident. Otherwise the claimant will need to provide a full and satisfactory explanation to the insurer for the delay.
- A claim for common law damages is to be made separately from a claim for statutory benefits. It can only be made after the expiration of 20 months after the accident if the claim for damages relating to any injury has resulted in a degree of permanent impairment of over 10%. A claim for common law damages must be made within 3 years from the date of the accident. Otherwise the claimant will need to provide a full and satisfactory explanation to the insurer for the delay.
It is important that you consult a solicitor specialised in this type of claim for advice as soon as an accident occurs for your rights and obligations.
Civil liability Claims
- These claims cover injuries occured as a result of slip & fall at public places, due to negligence on the part of the occupier/s of such places.
- Medical neligence claims arise when people suffer injury as a result of negligent treatment from their medical providers.
- Injured people may be able to claim compensation for accidents occurring at private places in certain circumstances.
These claims are to some large extent covered by the civil liability legislation.
There are time limits for proceedings to be commenced. Please contact us for advice.
We offer no win no fee in conducting these claims. We do not charge you our fees unless we can get you compensation.
Workers Compensation and work Injury damages claims
- If you have sufferred physical or psychological injury at work, you may be able to claim weekly compensation benefits, medical expenses, and care assistance. You may be able to claim a lump sum compensation if you meet certain criteria required by the Workers Compensation Act, 1987, as amended.
- If a worker dies as a result of a work injury/accident, his/her dependants may be able to claim funeral expenses, death benefits and dependant benefits.
- If you suffer injury at work as a result of your employer's negligence, you may be able to make a work injury damages claim against the employer if your whole person impairment is assessed to be 15% or more. Once the claim is settled or award is given by a court your rights will end.
- Notice of injury has to be given to your employer as soon as practicable.
- There are time limits for compliance. Please contact us for advice.
- Ann is accredited by the Workers Compensation Independent Review Officer (WIRO) as an Approved Legal Service Provider (ALSP).
- WIRO provides funding to cover your legal fees and expenses in most workers compensation claims. If you require our assistance, we will prepare an application for funding on your behalf and submit it to WIRO. In our experience if your claim has reasonable prospects of success, WIRO will approve the application and pay for all of your legal fees and expenses.
Superannuation, total & permanent disablement and Insurance claims
- Most superannuation funds provide cover for Death, Total and Permanent Disablement (TPD), and Income Protection Insurance.
- If you have insurance cover and suffer from ill health or injury and are unable to work, you may be able to make a TPD and/or Income Protection claim if you meet the criteria required under an insurance policy.
- You may also be able to access your superannuation account balance prior to the usual retirement age if you are unable to work permanently.
Some insurance policy require a claim to be made within a certain time frame. To ensure compliance please contact us for advice.
We offer no win no fee in conducting these claims. We do not charge you our fees unless we can get you compensation.
Product Liability Claims
- If you have suffered injury due to a faulty/defective product, you may be entitled to make a claim for compensation. This type of claim is to a some extent covered by The Australian Consumer Law (ACL) in relation to product safety and information, liability of manufacturers for goods with safety defects offences. Common law also applies.
- Under the ACL, a consumer can seek compensation from a manufacturer who has supplied a product with safety defects if that product has caused loss or damage.
- A product has a safety defect if it does not meet the level of safety the public is generally entitled to expect. While the expected level of safety will vary from case to case, it is ultimately for a court to determine whether a product has a safety defect.
- A claim for compensation can include injuries to the person making the claim, or injuries or death to another individual, economic loss caused by damage to, or destruction of another good, land, a building or a fixture.
- Dependents of a person injured or killed by a safety defect in goods can also claim for the losses they suffer as a result.
We offer no win no fee in conducting these claims. We do not charge you our fees unless we can get you compensation.
