A harsh decision was handed down by the Supreme Court of Queensland this year rejecting a claim by an injured motorbike rider who failed to make proper inquiries following a motor vehicle accident. Case: Ford v Nominal Defendant [2022] QSC 179 The circumstances of the accident were that a truck and motorbike were travelling on … Read more
In Queensland, starting a claim for personal injuries can feel daunting because of the complex procedures that must be followed when making a claim. For this reason, personal injury law is a specialty area of law. At the outset of making a claim, most injured people wonder: It is commonly known that most personal injury … Read more
These summaries are based on judgments published on the Supreme Court Library Queensland (SCLQ) website in 2021 for trials involving personal injury claims in the Supreme Court of Queensland. The judgments summarised are predominantly unreported, meaning they have not been selected for inclusion in an authorised law report series such as the Queensland Reports. However, … Read more
A Step-by-Step Guide on How to Choose the Best No Win No Fee Lawyer for Your Case Important Note: In Queensland, providing legal services on a no win no fee basis for family law or criminal law matters is illegal – so law firms typically only offer no win no fee services with respect to … Read more
The Accident In 2019, a client of ROCHE Legal in their late 50’s was working as a disability support worker. The support worker was unfortunately injured at work when assisting an elderly resident in a well-known disability support and aged care facility take a shower. Specifically, the injury occurred when the support worker slipped in … Read more
If you’ve been injured in a motor vehicle accident and you are considering making a compulsory third party (CTP) claim, whether the at-fault driver admitted fault or said “sorry” to you does not expose them to being sued and held personally liable. The claim will be paid by the CTP insurer instead. In Queensland, the … Read more
If you’ve found this article, chances are you already know that many superannuation funds contain an insurance policy for total and permanent disability (TPD). These policies, often worth $100,000’s, can be claimed on if you experience a personal injury or disability which prevents you from being able to return to work. Understanding the TPD claim … Read more
If you have been injured at work and made a workers compensation claim, you will ultimately learn that your weekly benefits are not going to be paid forever. Eventually, the workers compensation insurer (usually Workcover Queensland) will close out your claim by sending you to an independent medical examination (or for psychiatric injuries – to … Read more
The are many reasons why someone might wish to represent themselves in their personal injury claim rather than engaging a lawyer. Despite a lawyer’s primary duty to act in the best interests of the client, there is sometimes mistrust and a fear that the lawyer may overcharge for their services. When it comes to personal … Read more
The general principle of damages is that a plaintiff who has been injured by the negligence of a defendant should be awarded such sum of money as will (as nearly as possible) put them in the same position as if they had not been injured. A damages claim is not a free-ride, or a ticket … Read more