Why do personal injury claims usually settle out of court?

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

Queensland Supreme Court Awards for Personal Injuries in 2021

We look back on decisions made in the Supreme Court of Queensland for 2021 with respect to claims for personal injuries. In total, decisions for only 8 trials were reported. Other trials for personal injury claims may have been held in 2021 but unless the judgment was included in an official law report series, they … Read more

“No Win No Fee” – All You Need To Know to Maximise Your Claim and Minimise Risks

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

Injured support worker wins TPD claim of over $150,000 after slipping in shower

Shower nozzle causing slip and fall injury

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

At-fault driver say “sorry”? They still cannot be sued (and be held personally liable)

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

How to Win a Claim for Total & Permanent Disability (TPD Claim)

Doctor reviewing TPD Claim application form

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

Why you shouldn’t represent yourself in a claim for personal injuries

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

What are the maximum damages for pain and suffering in Queensland?

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

Average payouts for personal injury claims in Queensland

Payouts for personal injury claims are generally kept confidential and are usually only public knowledge if a judge determines the appropriate amount. In Queensland, the largest personal injury claim is around $20 million dollars for a heart-breaking and serious brain injury where the claimant required constant care and assistance for the remainder of his life. … Read more

Our Step-by-Step Guide to Making a Workers’ Compensation Claim

Unfortunately, around 25,000 Queenslanders get seriously injured at work each year. When you’re injured at work (or on the way to or from work), you are thrust into a different world beyond your control. To recover and return to a normal life, you have few options other than to rely on the advice from your … Read more