Medical malpractice is deemed to have occurred when treatment from a medical professional falls below an acceptable standard in their duty of care. Unfortunately, accidents can happen during surgery; illnesses can be misdiagnosed and warning signs can be missed during consultation. When you have suffered harm as a direct result of medical negligence, proceeding with a legal claim can provide financial and emotional relief from the trauma.
Common Reasons Why Plaintiffs Make Claims
Legal claims often result in financial compensation being awarded but this is not always the first priority of the plaintiff. Court cases are pursued for a variety of reasons, all of which demonstrate valid motivation to put in the work required to successfully win a legal battle. A few common reasons our clients make legal claims are listed below.
What to Expect in Your Consultation with Brisbane Injury Lawyers
Beginning a legal claim can seem daunting if you’ve never had to hire a lawyer before but at Brisbane Injury Lawyers, we take pride in offering the highest standard of assistance throughout claims. We aim to make every client feel completely comfortable and confident in their claim, so read on to learn more about what’s involved in the process.
Should I Accept an Out of Court Settlement?
There are a variety of ways to resolve a personal injury claim after an accident. Insurance could cover medical expenses or a case could go to trial, resulting in a verdict and monetary award. However the majority of cases are settled out of court (at or before compulsory conferences).
These settlements are often negotiated by personal injury lawyers from both sides. But this isn’t necessarily the quickest, cheapest or best option for the injured party. Accepting a settlement directly from the other party without consulting a lawyer can be especially risky.
A Guide to Claiming Workplace Injuries
What Kind of Injuries Can I Apply for?
Workplace injuries can range from serious illness, injury or damage (including amputations, fractures and brain injuries) through to less severe injuries such as strains and sprains (e.g. repetitive strain injury).
Examples of injuries include:
- Injuries suffered at work, as a result of work or during work activities
- Diseases caused by work
- Diseases or pre-existing conditions made worse by work
- Injuries suffered while travelling for work
- Injuries suffered while receiving medical treatment for a separate work injury
A work injury doesn’t have to be purely physical. Mental injuries such as those driven by stress, or leading to events such as a heart attack or worsening of a pre-existing condition can also be eligible for workplace injury compensation.
Australia’s Biggest Compensation Payouts
While not all workplace compensation cases are front page news, certain shocking injuries have seen compensation payouts soaring into the millions.
While they may seem excessive, these payments are often awarded to compensate for horrific injuries which will last the rest of one’s natural life.
Here are some of Australia’s biggest compensation payouts.
Personal Injury Claim Process – Quick Tips for Claiming Personal Injury in QLD
We’ve put together a quick FAQ on the critical points everyone should understand when considering the personal injury claim process in QLD.
Beware of Wombat: Pet Bite Injuries – Can You Get Compensated?
Stories of someone’s pet suddenly biting or attacking someone are surprising but common.
While some people like to keep exotic pets such as snakes and spiders, bites from man’s best friends are by far the most common and the wounds caused by a bite can cause permanent personal injury, damage and scarring.
In some Australian states, the law regarding pet and dog attacks has become part of legislation, but this has not yet happened in Queensland. Instead, a common law claim applies in relation to personal injury law, following a bite injury.
If you are bitten by an animal, you should immediately seek medical attention. In addition to being potentially serious injuries, animal bites (even from ‘clean’, domesticated pets) can be susceptible to infection.
Your Rights as a Passenger after an Accident
In Queensland, any person injured in a motor vehicle accident that was due to the fault of a driver is eligible to claim compensation.
Queensland operates on a Compulsory Third Party (CTP) insurance scheme. The scheme provides owners, drivers, and passengers with unlimited liability coverage for personal injury caused by traffic accidents.
This grants passengers a right to seek monetary compensation from the person ‘at fault’ for the personal injury and other related losses. This is true regardless of whether it’s a friend, family, commercial drivers such as a taxi or Uber driver, or any other driver.
Workers’ Compensation When Injured Abroad
In an increasingly global professional environment, working abroad is becoming more and more common. Many companies have a presence is multiple countries and most large businesses deal with international clients and partners.
When travelling abroad for work, whether to another state or another country, you can still be eligible for Australian workers’ compensation.
