Personal Injury

  • Damages for pain and suffering

    1st Nov 2018

    Harry Gill discusses two Victorian decisions that explore the assessment of pain and suffering damages in personal injury cases.

  • Expert evidence: Traffic accident reconstruction reports and physical observations

    16th Oct 2018

    David Cormack discusses the decision and reasoning in the recent case of Brown v Daniels & Anor [2018] QSC 209.

  • Personal injury claims assisted by disruptive technology

    4th Oct 2018

    An exploration of an innovative new software – now available to personal injury lawyers in Australia – that converts 2D MRI scans to accurate 3D models. 

  • How are compensation claims calculated in Queensland?

    26th Jul 2018

    An exploration of the factors that are considered when calculating the total sum of a compensation claim.

  • Implementation of the Paramedicine Board of Australia

    19th Jul 2018

    From September 2018, all paramedics across the country will be required to be registered with the Australian Health Practitioner Regulation Agency (AHPRA) and complaints referred to the newly created Paramedicine Board, aiming to ensure the safety of the public from fake paramedics. Up until now there was no national standard for registration.

  • Risk of death is more than a ‘blemish’

    28th Jun 2018

    Queensland's workers’ compensation legislation supports workers who have been injured at work to get back on their feet, regardless of the cause of their injury. The exception to this is in relation to psychiatric injuries, in which case support can be denied in the event that an injury is caused by ‘reasonable management action’. Michelle Wright explores a recent case in which Industrial Commissioner Black has acted to limit the 'reasonable management action' exception.

  • Personal Injuries Proceedings Act 2002 (Qld) health claims, s9 or s9A?

    30th Nov 2017

    Confusion can arise as to the application of s9 and s9A of the Personal Injuries Proceedings Act 2002 (Qld).

  • The Queensland state election and personal injury entitlements

    9th Nov 2017

    Michelle Wright investigates the impact the Queensland election may have on the rights of injured people to seek compensation.

  • Implications of the NDIS on personal injury compensation

    14th Sep 2017

    The purpose of this article is to alert lawyers practising in the personal injury field to the implications of the introduction of the NDIS on clients entitled to receive compensation for their injuries. 

  • Orthopaedic eponyms

    31st Aug 2017

    This glossary explains some of the more commonly used eponyms to help those outside the medical profession better understand medical reports.

  • The path of destruction runs deep

    27th Jul 2017

    Queensland residents have certainly experienced their fair share of natural disasters. It is important that we give consideration to how the law can provide clarity and security to those affected.

  • The language of the law

    20th Jul 2017

    Lawyers are very analytical and very specific in their use of terminology. They choose their terms carefully and interpret them precisely. While such precision may seem to be a curious and even humorous idiosyncrasy to the lay-person, it can have a devastating effect on those seeking access to justice.

     

  • Connellan v Murphy [2017] VSCA 116

    15th Jun 2017

    This recent Supreme Court of Victoria Court of Appeal decision permanently stayed proceedings relating to the alleged sexual assault of a minor in 1968.

  • Nervous shock & psychiatric claims after the loss of a child

    16th Feb 2017

    The law in Australia as it currently stands has the capacity to compound a parent’s grief in such circumstances and generate more than justified contempt towards the legal system. Particularly given the widely accepted view across the community would be that entitlement to compensation in such horrific circumstances would be considered both reasonable and appropriate.

  • Interim ban on ethanol burners after a spate of accidents & injuries

    9th Feb 2017

    In late 2016 there were a number of announcements about the interim, 60-day, banning of ethanol burners in Queensland, and across other states and territories. The bans followed 38 incidents in Queensland and 117 in total across Australia since 2010.

  • The first interview with injured clients

    19th Jan 2017

    I’ve interviewed thousands of injured clients, some with minor injuries, and others with the worst injuries imaginable. Every interview is different.

  • How is the PI compensation process affecting your client’s recovery?

    12th Jan 2017

    The experience of a long, complex and at times adversarial legal process pursuing personal injury (PI) compensation with the need for multiple health assessments and delays in receiving funds has been shown to increase stress and recovery time for injured people.

  • Growing Young PI Lawyers

    22nd Apr 2016

    To this day, it is still my very strong view that this form of entry into the profession (via an extended period of practical on the job training) is by far the best for the student. Such an option offers the best of both worlds: practical experience in personal injury practices, and expert academic tuition at one of our law faculties.

  • Kerry Splatt named ALA Queensland 2016 Civil Justice Award Winner

    12th Feb 2016

    A solicitor who has been a passionate advocate for injured workers and defender of common law rights for decades has been declared the winner of the Australian Lawyers Alliance (ALA) Queensland Civil Justice Award.