Personal Injury

Summary

  1. Slip and Fall
  2. Motor Vehicle
  3. Work Place
  4. Medical Negligence

The types of incidents which are eligible for action include such things as:

  • Slips and falls,
  • School accidents,
  • Playground accidents,
  • Recreational and sporting accidents,
  • Sexual assaults,
  • Domestic accidents,
  • Food poisoning,
  • Dog attacks,
  • Diving accidents,
  • Accidents at amusement parks; and
  • Product liability including defective products.

Slip and Fall

Injured due to unsafe premises, potential safety hazards that have been overlooked in their duty to eliminate or reduce the risk of harm.

Examples:

  • Slip and fall accidents due to liquids e.g. wet floor,
  • Tripping due to uneven ground or poorly placed objects e.g. cables, and;
  • Accidents involving faulty equipment in a car park, railway station, school ground etc  e.g. broken handrails, faulty safety equipment.
  • Injured on council property
  • Public Liability claim

Motor Vehicle Accidents

  • Injured in a car accident?
  • Motor vehicle accidents: the driver / car occupants are injured due to another vehicles fault,
  • Motorbike accidents,
  • Single or multiple car accidents,
  • Race car accident
  • Pedestrian accidents: a pedestrian is hit by a vehicle, and;
  • Cyclist accidents.

Depending on the extent and nature of your injuries you may be eligible for different compensations including:

  • Payment of medical expenses,
  • Lump sum compensation for the injuries sustained,
  • Rehabilitation,
  • Long term care,
  • Loss of earnings, and;
  • Reasonable funeral expenses in the event of a death.

Workplace Injury

Workers Compensation Claims (for injury sustained while doing your job).

Examples:

  • Loss of an appendage e.g. fingers, arm, leg,
  • Head injuries,
  • Dislocations,
  • Repetitive strain injuries (RSI),
  • Stress/bullying claims,
  • Spinal / back / neck injuries,
  • Chemical and asbestos exposure, and
  • Asbestos related diseases; pleural disease; asbestosis; lung cancer mesothelioma;

Medical Negligence

Injury sustained from a medical procedure or treatment

Examples:

  • Failure to perform a procedure with reasonable care and skill,
  • Failure to accurately advise of the risks associated with a procedure,
  • Failure to diagnose a condition,
  • Failure to accurately report test results, and
  • Failure to provide adequate care after a procedure.

Time Limits on Personal Injuries Claims:

Personal Injuries law is subject to strict time limits. 

Pursuant to the Limitations of Actions Act (Qld) 1974, you have three years from
your date of accident to commence court proceedings for a personal injury
claim.  Failure to do so may result in you forever losing your right to
make such a claim. 

You have one (1) month from the date you first consulted a lawyer about your claim to lodge a Claim Form.  If you do not lodge a claim within this period, or within nine (9) months of the date of your accident, you may be barred from making a claim unless you have a reasonable excuse. 

If a motor vehicle is unidentifiable or not insured your claim will have to be made
against the Nominal Defendant.  Strict time limits apply to claims against the Nominal Defendant, the Claim Form must be delivered within three (3) months from the date of accident, and failure to deliver a Notice within nine (9) months of your date of accident will result in you forever being barred to make such a claim.

You should seek legal advice about this as soon as possible if you have suffered an injury about any potential claim you might have.

Contact us on 1800 999 LAW (1800 999 529) or email mail@quinnscattini.com.au 

 

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