An injury lawyer at Henry Carus + Associates can advise you of your rights and legal options. Our lawyers have expertise in all aspects of personal injury law in VIC, and we have helped clients obtain the maximum compensation they deserve following a wide variety of injuries.

For a FREE, no-obligation consultation, call 03 9001 1318 today. Henry Carus + Associates can handle a Victoria personal injury claim anywhere in VIC from multiple offices in the Melbourne metropolitan area.

How Do I Claim Compensation for Personal Injury?

The words ‘sue’ and ‘lawsuit’ are thrown around fairly liberally, but they don’t apply to most personal injury matters in Victoria. When people talk about ‘suing’ for an injury, they are usually referring to common law damages via one of the state’s compensation schemes.

Victoria has enacted three separate schemes to compensate people who have been injured. They are:

TAC Claims

Someone who suffers injury due to the driving of a motor vehicle is entitled to statutory benefits from the Transport Accident Commission (TAC). Lodging a TAC claim is the sole legal remedy for those who have been injured in transport accidents in Victoria, including:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Pedestrian Accidents (if a motor vehicle was involved)
• Bicycle Accidents (if a motor vehicle was involved)
• Train, Tram, & Bus Accidents
• E-Scooter Accidents (if a motor vehicle was involved)

Most TAC benefits are provided on a no-fault basis, and that is what the majority of persons injured in a transport accident receive. However, if you suffer a serious injury and it can be shown that the other driver or another party was at fault for the accident, you may be entitled to additional common law damages.

The first step is to receive a serious injury certificate, on the basis you have met the definition of a ‘serious injury’. That definition includes the following:

• ‘serious long-term impairment or loss of a body function; or
• ‘permanent serious disfigurement; or
• ‘severe long-term mental or severe long-term behavioural disturbance or disorder; or
• ‘loss of a foetus.

‘A “serious injury” may also be a permanent impairment of 30% or more.’

– Transport Accident Act 1986 – S. 93(17)

An injury lawyer well-versed in pursuing common law damages can help you lodge an application for a serious injury certificate. If the TAC disputes the application and does not grant a serious injury certificate, it may be necessary to initiate court proceedings to obtain the serious injury certificate, followed by the full compensation you deserve.

WorkCover Claims

WorkSafe Victoria administers the state’s workers’ compensation program, WorkCover. If you are injured on the job or become ill as a result of your employment in VIC, your only recourse is to lodge a claim with WorkCover.

In certain circumstances, workers may be able to sue for common law damages. A knowledgeable lawyer can help you with this process, which involves:

1. Obtaining a ‘serious injury certificate’. The following are considered a ‘serious injury’ according to Victoria’s workers’ compensation legislation:
   1. ‘permanent serious impairment or loss of a body function; or
   2. ‘permanent serious disfigurement; or
   3. ‘permanent severe mental or permanent severe behavioural disturbance or disorder; or
   4. ‘loss of a foetus.’
   5. Injuries assessed at 30% or more whole person impairment are also considered a ‘serious injury’ by WorkSafe.
2. Collecting evidence of fault or wrongdoing on the part of your employer, a co-worker, and/or a third party.
3. Lodging a common law application with WorkSafe. If a dispute arises concerning whether you have a serious injury, you will need to apply for a decision by the County Court.
4. Attending a conference to resolve the application.
5. Reviewing WorkSafe’s ‘statutory offer’ and, if necessary, drafting a ‘statutory counteroffer’.
6. If your claim cannot be settled, then commencing common law proceedings in the County Court or Supreme Court.

Although you may need to initiate court proceedings for common law damages, most such proceedings eventually reach a resolution without the need to go to court.

Read More: Can I Sue for a Work-Related Injury?

Wrongs Act Claims

The Wrongs Act 1958 is Victoria’s personal injury legislation. It governs injury claims not covered by the other compensation schemes. This includes:

• Medical Negligence
• Public Liability, including:
  • Slip & Fall Accidents
  • Dog Bites
  • Airline Injuries
  • Boating Accidents
• Defective Products

Negligence must be established in all Wrongs Act claims. To recover compensation for non-economic loss (defined as ‘pain and suffering, loss of amenities of life, or loss of enjoyment of life’), you must also demonstrate that your injuries meet the definition of ‘significant injury’ found in the Wrongs Act:

• Spinal injury resulting in whole person impairment of 5% or more
• Injuries other than spinal or psychiatric injury resulting in whole person impairment greater than 5%
• Psychiatric injury resulting in whole person impairment of 10% or more
• Loss of a breast
• Loss of a foetus
• Psychological injury arising from the death of a child due to an injury suffered by the mother or the child ‘before, during or immediately after the birth’

A Victoria personal injury claim is usually submitted to the insurer for the defendant in question. Often, personal injury claims can be settled through negotiations between your lawyer and the insurance company. If a fair settlement cannot be reached, you may need to go to court. A personal injury lawyer can help you initiate legal proceedings and guide you through the legal process.

Read More: What Is Personal Injury?

There are multiple options for recovering compensation for a personal injury in VIC. Consulting an experienced lawyer is the best way to protect your rights and ensure that you’re doing everything possible to pursue maximum compensation for your injuries and damages.

What Is the Time Limit for Personal Injury Claims in Victoria?

Each compensation scheme in VIC has time limits for when you can bring a claim. If you don’t lodge a claim within the designated time period, you will likely lose your right to compensation.

The time limits for a Victoria personal injury claim are:

• 1 year for TAC claims.
  • The TAC may consider claims lodged up to 3 years after a road accident if ‘reasonable grounds exist for the delay in making a claim’.
  • Minors have until the age of 21 to lodge a claim if a parent or guardian did not make a claim on their behalf.
• A work-related injury or illness must be reported to WorkSafe within 30 days.
  • The worker then has up to 6 months to lodge a WorkCover claim for payment of medical expenses.
  • A common law claim may be brought up to 6 years after the date of injury.
• You generally have 3 years to lodge a personal injury claim under the Wrongs Act.

Contact a personal injury lawyer TODAY for immediate assistance with your claim.

How Much Compensation Do You Get for Personal Injury?

Your entitlement to personal injury compensation depends on your specific situation. If you were injured through no fault of your own in an incident not covered by the TAC or WorkCover, you may be entitled to:

• Recovery of all medical expenses to date
• The cost of future medical treatment
• All of your lost wages
• Loss of future earnings
• Non-economic damages; if you suffer a significant injury, you can claim:
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of amenities of life

The Wrongs Act imposes the following limitations on personal injury damages:

• Compensation for loss of earnings is capped at three times the claimant’s average weekly wages at the time compensation was awarded (see Wrongs Act 1958 – S. 28F).
• Non-economic damages may not exceed $577,050 (see Wrongs Act 1958 – S. 28G).

Common law damages are capped as follows in other injury claims:

• TAC claims:
  • Damages for past and future earnings (pecuniary loss) capped at $1,438,310.
  • Pain and suffering damages capped at $639,200.
• WorkCover claims:
  • From 2023–24, compensation for pecuniary loss is capped at $1,639,480.
  • From 2023–24, compensation for pain and suffering is capped at $713,780.

It can be very difficult to know how much a Victoria personal injury claim may be worth. An experienced compensation lawyer can review the facts, gather evidence, assist you with any and all paperwork, and explore all legal avenues for obtaining compensation.

Get Help with Your Victoria Personal Injury Claim

No matter how you’ve been injured, it’s important to seek qualified legal counsel for help with your claim. Our founder, Henry Carus, is recognised as an Accredited Specialist in Personal Injury Law by the Law Institute of Victoria (LIV).

Read More: Why Choose an LIV Accredited Specialist?

All of the lawyers at Henry Carus + Associates have extensive experience with many different types of personal injury matters, including all those mentioned above. We know what it takes to maximise benefits and additional compensation following a motor vehicle accident, work injury, medical negligence, injury in a public space, and more.

Each claim is unique, but our philosophy remains the same: You Deserve More. Learn how our team can help with your Victoria personal injury claim and fight for a favourable outcome on your behalf.

Call us today at 03 9001 1318 for a FREE, no-obligation consultation. Or use the contact form to send an enquiry to our team.

The post Can You Sue for Personal Injury in Victoria? appeared first on Henry Carus + Associates.

Brain injuries are serious and complex. They can impact virtually all areas of life, including the ability to care for yourself, the ability to work, and more. If you have a compensation claim for a brain injury, experienced legal counsel can help you obtain all of the entitlements you are due.

Contact a brain injury lawyer at Henry Carus + Associates by calling 03 9001 1318. Your consultation is 100% FREE and comes with no obligation. Our lawyers serve clients in Melbourne and all of Victoria.

What Is a Brain Injury?

A brain injury refers to any type of trauma to the brain, as well as the resulting physical, emotional, and cognitive impairments. Brain injuries are often considered ‘invisible’ because the nature and severity of the damage is often much worse than what can be seen from the outside.

There are several types of brain injury:

Acquired Brain Injury

Brain damage any time after birth is categorised as an Acquired Brain Injury (ABI). Potential causes of an ABI include:

• A blow to the head, as is commonly seen in motor vehicle accidents, falls, etc.
• Penetrating injury to the skull, where a foreign object enters the brain
• Oxygen deprivation (also known as a hypoxic brain injury)
• Stroke
• Medical conditions such as an infection, a tumour, and neurological disorders

Traumatic brain injury (TBI), where an external force is strong enough to move the brain within the skull, is of particular concern. Every year, approximately 200,000 Australians sustain a TBI. Many don’t receive timely diagnosis and medical treatment, which can lead to serious complications.

Read More: Foggy and Sad? Your Head May Be Hurt!

Congenital Brain Injury

A congenital brain injury occurs prior to birth. It may be caused by genetic defects or mutations, or as a result of damage suffered by the foetus in the womb.

Birth Trauma

Injury to the brain during birth is a type of ABI. Birth injuries can have devastating repercussions for a child’s future, potentially resulting in cerebral palsy and other serious conditions.

What Are the Symptoms of a Brain Injury?

The symptoms of a brain injury vary significantly depending on what part of the brain was damaged and how severe the injury is. Sometimes the damage can heal on its own, while in other cases the damage is permanent.

Symptoms that may occur immediately or shortly after an acquired brain injury include:

• Loss of consciousness
• Persistent headache
• Nausea and vomiting
• Fatigue
• Dizziness and disorientation
• Blurred or double vision
• Ringing noise in the ears (tinnitus)
• Difficulty with concentration and/or memory
• Changes in mood
• Sleep disturbances, such as insomnia, sleeping excessively, etc.

Anyone who experiences serious symptoms such as seizures, dilated or ‘blown’ pupils, or bleeding and fluid leakage from the nose or ears should be taken to hospital without delay. All of these are signs of a serious brain injury.

The long-term effects of a brain injury take time to develop. In severe cases, brain injuries can lead to cognitive impairment, loss of motor skills, radical changes in perception and sensation, difficulties in communication, changes in personality, and more.

If you or someone you love is facing these issues, you should consult a brain injury lawyer as soon as possible. Henry Carus + Associates specialise in all aspects of personal injury law, and we can help you lodge a claim for compensation.

Who Can Make a Brain Injury Claim?

Victims of acquired brain injuries may have multiple options for claiming compensation. An experienced personal injury lawyer can evaluate your situation and advise you of your legal options if you were injured as a result of any of the following:

• Car Accidents
• Motorcycle Accidents
• Truck Accidents
• Pedestrian Accidents
• Bicycle Accidents
• E-Scooter Accidents
• Tram, Train, & Bus Accidents
• Slip & Fall Accidents
• Medical Negligence
• Workplace Accidents

In Victoria, there are three different personal injury compensation schemes. The process for making a claim varies under each scheme, which is why it is vital to obtain knowledgeable legal counsel.

TAC Claims for Brain Injury

Anybody who is injured in a motor vehicle accident in Victoria can claim compensation from the Transport Accident Commission (TAC). The following benefits are available regardless of who caused the accident:

• Coverage of all necessary medical expenses
• Services to aid in your recovery
• Income support to replace lost earnings
• Loss of earning capacity benefit, if your capacity for work remains diminished after 18 months
• Support services for helping you return to work

You may also be entitled to a lump sum impairment benefit if your injuries result in permanent impairment of 11% or more. A brain injury might meet the impairment benefit criteria, but you will need to undergo one or more specialised medical assessments to determine the extent of the physical and psychological effects.

In addition, you may have a claim for common law damages if someone else was at fault for the accident that caused the brain injury. A TAC lawyer can help you lodge a serious injury application and negotiate a fair settlement on your behalf.

Read More: What Does TAC Consider a Serious Injury?

WorkCover Claims for Brain Injury

Head injuries account for approximately 3% of workers’ compensation claims in Australia. From falls to being struck by equipment to objects falling from heights, many workers are at risk for head and brain injuries every day of their employment.

You can lodge a WorkCover claim if you suffer a brain injury on the job. Benefits you are entitled to include:

• Reimbursement of medical treatment expenses
• Weekly payments covering a percentage of your average earnings
• Provisional payments for mental injuries (available for up to 13 weeks, even if your claim is ultimately rejected)
• Contributions to a superannuation account

A Certificate of Capacity is required to claim weekly payments. This is an official document describing how the brain injury affects your ability to work.

Read More: What Is a Certificate of Capacity in a WorkCover Claim?

You may also be entitled to a permanent impairment benefit if the injury has stabilised, yet you are still limited in your capacity to work. Impairment is assessed by specially trained medical practitioners. Depending on the nature and extent of the brain injury, you may need to see multiple specialist doctors (such as a neurologist, psychiatrist, etc.) to satisfy the threshold imposed by WorkSafe.

Finally, you may have the right to sue your employer if their negligence caused your work-related brain injury. Your right to common law compensation is also contingent on proving that the ABI meets the definition of ‘serious injury’.

Public Liability Claims for Brain Injury

If you are injured in a public place, you can lodge a public liability claim against the individual or entity responsible. A brain injury lawyer can help you pursue maximum compensation for:

• Economic loss, including loss of earnings and deprivation of earning capacity
• Non-economic loss, including pain and suffering and loss of amenities of life

Entitlement to non-economic loss is dependent on you meeting the definition of ‘significant injury’ found in the Wrongs Act 1958 (Victoria’s personal injury legislation). Once again, this will require you to undergo a medical assessment conducted in accordance with specific legal standards.

Obtaining qualified legal counsel is the best way to protect your rights and ensure you get the maximum compensation you deserve. A brain injury lawyer can investigate and collect evidence to prove that the other party was at fault, while you focus on your recovery.

How Much Compensation Do You Get for a Brain Injury?

Brain injury victims need significant support from family, friends, medical professionals, and organisations. They often have a long and difficult road, sometimes with little to no prospect of a full recovery.

Unfortunately, fair compensation is not guaranteed. There is no hard-and-fast amount set aside for people who sustain a brain injury. Rather, you will need to lodge a personal injury claim through one of Victoria’s compensation schemes.

If you have a claim for common law damages, you may be entitled to substantial compensation. Multiple factors can influence the amount you are awarded, including:

• Your age at the time of the injury
• The severity and duration of the brain damage
• Current and ongoing medical needs
• The value of your economic loss
• Whether you can return to work/work in a different capacity
• The value of your non-economic loss
• How your ability to care for yourself and your family is affected
• The prognosis for your injury

All common law damages claims in Victoria are subject to statutory maximums. Your brain injury lawyer can advise you of these limits while fighting to maximise your compensation.

How Long Do I Have to Make a Claim?

Personal injury claims in Victoria are also subject to time limits. It is crucial to file a claim within the limitation period; otherwise, you may lose your right to compensation.

• You generally have just 1 year to lodge a TAC claim following an accident and 6 years to claim common law damages.
• A work-related injury should be reported as soon as possible—within 30 days at the latest. You then have 6 months to lodge a WorkCover claim and 6 years to claim common law damages.
• You have 3 years from the date of the injury to bring a Wrongs Act claim for a public liability matter.

Brain injuries are not always obvious, and the full effects might not be apparent until the injury has stabilised. If you were not diagnosed with an ABI until a later date, this may be considered a ‘reasonable delay’—potentially giving you more time to make a claim. A skilled brain injury lawyer can ensure that your claim is lodged within the applicable time limit.

Can You Live a Normal Life After a Traumatic Brain Injury?

Most people who experience an acquired or traumatic brain injury will face significant and permanent changes in their lives. At Henry Carus + Associates, we believe you are so much more than your injury. You are someone’s loved one, someone’s friend, someone’s co-worker, and much more. The compensation you are owed should reflect all of the ways the injury impacts your life and that of your family.

In brief, You Deserve More. That is the philosophy of our firm, and it is apparent in the innovative legal strategies we employ to maximise benefits and common law compensation for our clients.

We have unparalleled knowledge and experience navigating Victoria’s compensation schemes. As an LIV Accredited Specialist in Personal Injury Law, Henry Carus and his team provide the highest quality of legal service, expert legal guidance, and a fierce commitment to obtaining a favourable outcome on your behalf.

Contact Henry Carus + Associates Today

Have you suffered a brain injury? Speak to an experienced brain injury lawyer ASAP to protect your legal rights.

Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our brain injury lawyers serve clients in Melbourne and all of VIC.

The post Can I Claim Compensation for a Brain Injury? appeared first on Henry Carus + Associates.

Unfortunately, as we get older our ability to manage the slip gets harder and harder and sadly our ability to avoid injury when we fall almost becomes impossible. We find that a simple fall can lead to very serious injuries, including

• Head Injuries, including fractures of the skull and Acquired Brain Injuries
• Spinal Injuries, to the cervical, thoracic or lumbar spine
• Torn Ligaments in a shoulder
• Fracture of the humerus in an arm
• Fracture of the elbow
• Fracture of the wrist
• Damage to the hand
• Hip Fracture
• Pelvic Fracture
• Fracture of the patella in the knee
• Torn ligaments in the knee
• Ankle fractures
• Fractures in the foot

Sadly, again with age the long term outcome of these serious injuries dramatically changes the quality of the person’s life, affecting their ability to take care of themselves, their ability to care for others in their lives, such as a husband or partner and especially any children or grandchildren.

ABC News has recently published an article on how the season from November to January usually results in a massive increase in trauma related admissions to hospitals, and though most of the article focused on road accidents, attention was given to what we consider a very serious health issue and that is serious injuries arising from a fall.*

The article notes the following sad situation – In a neighbouring trauma bay, an elderly lady has been brought in after a fall. She is awake but looks uncomfortable lying flat on her back with a hard neck collar immobilising her spine. She slipped and hit her head while playing with her grandchildren.

* Christmas in a hospital’s trauma unit means fractures, head injuries and stab wounds, https://www.abc.net.au/news/2018-12-24/christmas-in-a-hospitals-trauma-unit-means-stab-wounds-fracture/10645584

The article goes on to note that geriatric trauma is fast becoming a priority area of trauma care. Two-thirds of female and one-third of male injury-related deaths occur in those aged over 65.

Falls account for 73 per cent of cases of major trauma in patients over 65 years of age. Support for the article comes from a Victorian State Trauma Annual Report that notes that there has been a 33% increase in serious major trauma to those 85 years of age and older and with a 14% increase in what can be classified simply as fall from ground level.

One may believe that falls by a person over the age of 85 is of little consequence in the law – but that would be an incorrect opinion. The law looks at the quality of life of the person and there are many persons who at age 85 and older are leading a very active life, and the loss of their physical health becomes a major life changing event, unexpected and unplanned. It was one of the matters considered in a recent decision of our Victorian Supreme Court which awarded a 91 year old man for a femoral neck fracture with lasting effects on mobility.**

These slips and falls can occur in so many locations where someone is responsible for the condition of the flooring at the time of the fall, such as

• At your place of work;
• While walking into a store at your local shopping centre;
• While walking in the public areas of a shopping centre,
• While attending an event at a public sports centre, concert or entertainment venue such as a theatre;
• While in a restaurant or other food and drink venue;
• While walking at someone’s home or maybe going up or down a flight of stairs; or

There is a considerable body of law that deals with liabilities of public venues for the condition of a floor, and what efforts have to be made to ensure that the floor is safe. In saying so, a public venue does not have to guarantee the safety of its floors at all times, only that reasonable efforts are made to keep the floor safe.

Those efforts include

• Having a reasonable system for the cleaning of the venue before the public is invited in, such as a generally clean and tidy
• Having a system for ongoing inspection of the floors during trading hours
• Making sure any system of inspection is actually followed in a consistent manner
• Responding to any items that floor to the ground in a timely manner
• Having a comprehensive system to respond to a slipping hazard which can include warning signs and having a person remain at the site till the area is safe
• Ensuring all cleaning staff put up warning sign at any time the floor is cleaned
• Putting down matts for areas exposed to rain or to persons tracking in rain on their footwear
• Having matts placed down in areas that there is a high expectation that food items are likely to fall to the floor and create a danger, such as in and around check out areas or food display counters
• Using appropriate packaging to minimize the likelihood certain highly hazardous items like grapes do not fall to the ground.

**Scott v Wanklyn [2016] VSC 382 (8 July 2016)

In the end all these systems can be created and published officially by a business, but it is the overall company philosophy that will be understood and implemented by its staff on a day to day basis. The philosophy has to be one of true concern for the wellbeing of its customers.

It has been our experience with some supermarkets can at times have highly documents systems of maintenance and cleaning and yet they create little in the way of safety to its customers. The problem we have encountered is that those working at the store, from the manger down to the service staff on the floor really do not care – and will leave areas dangerous as they work or walk right past them without concern during the trading hours.

So, if you or someone in your family suffers a slip and fall, and a serious injury follows, compensation may be available to address

• Pain and suffering, such as the award of $110,000 to the 91 year old man mentioned above
• Medical and related expenses such as aids to ambulate and to assist around the home and medication
• A financial value for the gratuitous services provided by family and friends in the past and that are likely to be needed into the future at a very generous hourly rate
• Costs of transportation to and from hospitals, doctors and other treating professionals

And such compensation can be extremely generous.

All companies involved in trade to the public have some type of insurance to provide assistance to those injured by an error in the way the flooring was maintained during trading hours. That insurance is there to assist those who are injured.

Many times a person injured will unsure of what to do after an slip and fall accident, and our booklet can be extremely helpful and can be downloaded at https://hcalawyers.com.au/slip-fall-claims-guide/.

What we are very concerned about is the practices of many of these businesses to try to avoid an injured person contacting a specialist personal injury lawyer, by offering to meet medical expenses or offering a small amount of compensation to close down the potential claim at an early stage for low compensation amounts. In our experience, every time a client has come to us with an offer of this type we have gone forward to provide them with compensation 100s of times higher that what was originally offered, and more importantly, after all legal expenses were paid. In other words, the injured person truly benefited from engaging our firm.

Why Should I Hire a Personal Injury Lawyer After I or a Family Member Suffers an Injury From a Slip, Trip or Fall?

A personal injury lawyer, in particular, a specialist personal injury lawyer, is needed right from the very beginning, as soon after the accident as possible.  Speed is really important, as the evidence needed to show responsibility for an accident may disappear quickly. Only a very experienced personal injury lawyer can immediately understand what has happened and decide what evidence is needed right away to protect the interests of the person injured.

Most of the time the family’s attention is rightly placed on getting medical assistance to the person injured.  The focus on the accident site, is best left to the specialist personal injury lawyer who can step immediately to undertake the work involved in: figuring out exactly what occurred, preserving evidence (such as with photographs or videos), and in getting the names and statements from all who witnessed the accident.

The situation can require knowledge of how a business operates so that evidence as to its current practices are documented before they are changed in response to a claim. For instance, grapes displayed loosely in a packing box on the open floor with no measures taken to anticipate grapes from time to time will fall to the floor.

How Long Does a Slip, Trip and Falls Claim Take?

The length of such a claim depends on a number of factors

• Did the accident occur within a work environment or outside of work;
• How soon after the accident the injured person retains a lawyer (the sooner the better);
• How long it takes for the injured person to receive the medical treatment to reach the point that the injury is seen as stable;
• The overall skill of the law firm retained by the injured person in understanding the claim and being able to put it forward in a way that the defendant and its insurer can understand why they are responsible and see the value of the claim;
• How soon can it be estimated that the injured person will be affected in their ability to work in the future and to what extent;
• The extent of medical care that will be needed into the future and how soon the cost of that medical care (and related support) can be estimated; and finally
• The attitude of the proposed defendant and its insurer to the claim and, in turn, their willingness to resolve the matter early on terms supportive to the injured person.

If the accident occurs in a work environment, there are statutory time frames that must be followed and a request for common law compensation cannot commence until one and half years after the accident.

Otherwise, we believe that, slip and fall accident claims within the greater Melbourne area can proceed quickly if we are retained early and the overall extent of the injuries and their consequences can be ascertained without much delay.

How Much am I Entitled to in a Slip, Trip and Fall Claim?

Slip, trip and falls claims are to cover for pain and suffering damages, as well as, out of pocket expenses and the likelihood the injured person may need income support into the future.

The amount of compensation can vary greatly depending upon the skill of the Victorian law firm representing the injured person.  Our Henry Carus has defended against all the major firms in Victoria as an insurance defence lawyer, and he can fairly say that none of them truly understood the full value of the claims they were presenting.

At Henry Carus + Associates, we are regularly advised by those involved in these types of claims, that the compensation we obtain for those injured is generally greater than that of other firms in Victoria.

Can I be Compensated in a Slip, Trip and Fall Claim if I was Partially at Fault?

The short answer is: YES

It is common for a defendant or its insurer to assert that the person injured is partially at fault for a slip and fall and they can sometimes ask for a reduction of up to 50% or more, on the basis the injured person contributed to how the accident occurred.

Most of the time the allegation made against the injured person is a failure to see what was there to be seen.

These arguments can easily be addressed and diminished by a careful understanding of how the accident happened and through the science of how a person travels through a space.

A common situation is slipping on a liquid on the floor that can be said was “there to be seen” and since not seen, the injured person was obviously not paying attention. Such arguments can easily be set aside by:

• Noting the object essentially blended into the floor or pathway;
• Understanding that the venue was asking the injured person to look elsewhere at the time of the accident; and
• Being aware that a person has a limited scope of vision as they walk, and a photo of the area afterwards, does not show what the person could actually see when the accident happened.

Should I Accept the Insurance Company’s Offer after a Slip, Trip and Falls Claim?

While we cannot emphatically say any initial offer by an insurance company should be rejected but we are confident that most offers made before an injured person retains a specialist personal injury lawyer, should not be accepted.  It is only after you engage an injury specialist, can an injured person truly understand the value of their claim and what they should in fact receive as compensation.

Our website is full of testimonials from clients who received an early offer from an insurance company, and then came to see us.  What we achieved on those occasions was so much greater than the initial offer.

How Much Does it Cost to Hire a Personal Injury Lawyer for a Slip, Trip and Fall Claim?

This is an important question and the answer for our firm is – NOTHING until we win for you. We operate on a No Win No Fee basis, therefore, no fees or disbursements are owed to our firm in the unlikely event we are not successful in acting for you.

If you do win, we find that most of your legal costs will be paid for by the losing party.

What we emphasize is that our fees are not a percentage of your compensation amount, and we only get paid for our work.

More importantly, we believe the focus should not be on fees but on what the work produces for the injured person. Many times you can settle a matter quickly for low fees but the real benefit comes to the client in working that little bit more, and in that little bit more, the fees do not change but the compensation given can go up massively.

So, while a lot of firms advertise a No Win No Fee arrangement, what really matters is how that firm operates FOR YOU under that arrangement.

We believe our focus on getting clients the compensation they deserve is unparalleled in our field of personal injury law and have noted numerous examples on our Successes page: https://hcalawyers.com.au/success-stories/.

Why Should I Hire Henry Carus + Associates to Handle my Slip, Trip and Fall Claim?

Our firm has an unrivalled understanding of the areas of law involved.  Our Henry Carus has worked as an insurance lawyer at a large Melbourne insurance firm and as an insurance partner at a boutique insurance firm in Victoria.  In that time, he has handled slip, trip and fall accidents in all types of situations defending the interests of the companies involved in all aspects of normal day to day activity.

One of those clients has kept our Henry Carus on its retainer to assist in improving the overall quality of the safety of its business activities as it is very aware of the dangers of slips and falls.

In addition, we have access to his years of experience as a New York City trial lawyer who was trained to understand what evidence is needed to win a matter in court, and is therefore able to start to gather the necessary evidence from the outset.

This combined with his commitment to achieve the compensation each seriously injured person deserves has produced outcomes for our clients that are really something quite special.

What You Need to do When You or a Loved One is Injured in a Slip, Trip and Fall Accident?

Contact Henry Carus + Associates ASAP.

We are available 7 days a week to respond to your request for assistance:

• By phone on 03 9001 1318;
• By internet through our website: www.hcalawyers.com.au/contact/;
• By email on [email protected]

Our Henry Carus regularly attends accident site inspections with his legal staff to ensure all crucial evidence is obtained, and all legal aspects of the claim are covered from the outset.  For instance, he recently attended an accident site in an outer suburb of Melbourne where an older man had fallen and suffered a very serious spinal fracture.

It may have taken over 4 hours to complete the site inspection, but the overall understanding of the accident and what evidence would be needed could only be gained by such a visit.

It is well known to our firm that his mindset is absent from the other firms. For instance, we inherited a matter from another firm some 2 years after the accident had occurred.  We immediately went out to the accident site and were told by the injured person that her former lawyer had never gone out to see the site of the accident. What we learned about the accident after that visit not only allowed us to convince the insurance lawyer and the insurer the claim was an absolute winner, but also to achieve an incredible result in a very short period of time.

We strongly suggest that you do not delay in seeking the support of a specialist personal injury lawyer whenever a slip, trip or fall accident occurs.

The post Slip and Fall Accidents & Injury Claims appeared first on Henry Carus + Associates.

The Therapeutic Goods Administration (TGA) closely monitors adverse events for suspected side effects.

The Australian Government is developing a claims scheme for people who suffer a moderate to significant impact following an adverse reaction to a TGA-approved COVID-19 vaccine. As of yet, however, the Government has not finalized this scheme. At this stage, potential claimants can only register their intention to claim.

We recommend visiting the Australian Government Department of Health website to learn more about this scheme and the listed adverse side effects of vaccines.

What Is the No-Fault COVID-19 Vaccine Indemnity Scheme?

The scheme aims to provide a straightforward application process for people who have been either injured and/or adversely affected by an approved COVID-19 vaccine without the need to engage a lawyer for the purposes of legal proceedings.

The scheme is aimed to cover the cost of injuries evaluated at $5,000.00 and above that have occurred due to the administration of a TGA-approved COVID-19 vaccine or due to an adverse reaction and/or event that is considered to be caused by a COVID-19 vaccine.

At this time, there appears to be no clear definition surrounding what injuries specifically qualify as being above the $5,000.00 threshold.

Do You Qualify for Compensation?

The injury or adverse event must be a recognized side effect of one of the TGA-approved COVID-19 vaccines. These include thrombosis with thrombocytopenia syndrome (TTS) associated with the AstraZeneca vaccine and myocarditis and pericarditis associated with the Pfizer vaccine.

Claimants who are seeking to make a claim for between $5,000.00 and $20,000.00 need to have been hospitalised for at least one night and will need to nominate that they are seeking less than $20,000.00.

The potential claimant will need to provide applicable evidence of:

• The nature of the injury and medical documentation of its likely relationship to a COVID-19 vaccination
• Hospitalisation due to a vaccine-related injury
• Medical bills and /or costs
  AND
• Lost wages and/or income from employment

It is crucial to prepare and organize the evidence indicating your adverse reaction to a COVID-19 vaccine in advance. Make sure you have copies of all of your relevant documents, including your vaccine certificate, evidence of hospitalisation, medical bills, and lost income receipts or payslips ready to be submitted upon request.

The evidence required for claims of $20,000.00 and over are still being developed by the Government and are to be advised of in the future.

What to Do Next

If you believe that you have been moderately to significantly impacted by adverse side effects of a TGA-approved COVID-19 vaccine and may want to make a claim under the proposed scheme, you should notify the Government by registering your interest in making a claim online.

The link above provides access to an online form which requires a claimant to fill in their contact details including:

• Your given name
• Your family name
• Your email address
• Your phone number

You will then be asked to make an acknowledgement that the Department of Health can use the personal information specified above to contact you about the COVID-19 Vaccine Claims Scheme.

Once you are registered, you will be contacted by an employee of the Department of Health who will instruct you when and how you can submit a claim online (once the application process is open).

As previously outlined above, you will need to ensure that you meet the relevant criteria and that you have evidence to support your claim.

Registering your interest or intention to claim in the scheme does not mean that a claim will be subsequently approved once it is submitted.

How Henry Carus + Associates Can Help

The lawyers at Henry Carus + Associates have unparalleled experience navigating the complexities of government and insurance schemes. We are proud to advise those who have suffered adverse events after receiving approved TGA-approved vaccines for COVID-19.

Contact us today for a free, no-obligation consultation. Our team will review your case and advise you how to register your interest in filing a claim.

The post No-Fault COVID-19 Vaccine Indemnity Scheme appeared first on Henry Carus + Associates.

Once you have your TAC claim accepted you become a part of the TAC world, and you are likely to come across some commonly used terms. Some of these terms you may already be aware of, others you may not.

Although as lawyers we regularly communicate with the TAC on behalf of our clients, there are often times where you, as the injured person, will communicate with the TAC directly. For this reason, we believe it is important to educate you so you are better equipped in your future interactions with the TAC.

At Henry Carus + Associates, we believe that as lawyers we have an obligation not only to act and advocate on your behalf, but to also educate you along the way.

Here are 10 terms worth looking at:

1. Transport Accident Charge –

• the “transport accident charge” is a premium each person pays when they register or renew their motor vehicle registration in Victoria. This amount goes directly to the TAC and is used to fund their operation, as well as providing benefits and lump sum compensation to the injured. Next time you renew your vehicle registration, look out for this!

2. Medical Excess – At one time you required to meet the costs of initial medical care up to what was referred to as the “medical excess”. Currently the excess is at $651 for accidents before 14 February 2018. After that date there is NO medical excess and TAC can start paying medical providers directly from the start. Even for those claims where the medical excess still applies, it will be waived if you were admitted to hospital as an inpatient – generally an overnight stay.

3. Benefits – the TAC are responsible to provide “benefits” to persons injured in transport accidents. These benefits are extensive and include hospital, medical, rehabilitation and household support services, medication, equipment and travel expenses.

4. No-Fault Scheme – the TAC operates as a “no fault scheme”, which means benefits can be paid to an injured person, regardless of who caused the accident.

5. Loss of Earnings (LOE) – “loss of earnings” refers to income support the TAC is required to provide people for their inability to work due to their accident injuries. Generally, the TAC will pay 80% of your pre-accident weekly earnings if you haven’t returned to work; or 85% of the gap between your pre-accident weekly earnings and your post-accident weekly earnings if you have returned to work in a reduced capacity. These benefits are payable up to 18 months after the accident.

6. Loss of Earning Capacity (LOEC) – “loss of earning capacity” are benefits payable to a person when they have lost a capacity to earn income because of their accident injuries. It is calculated as the difference between your pre-accident earning capacity and your post-accident capacity to earn income. These benefits are available for a further 18 months and kick in at the 18-month anniversary of your accident – when loss of earnings benefits cease.

7. Lump Sum Compensation – there are two kinds of “lump sum compensation” an injured person may be entitled to from the TAC – (1) an impairment benefit; and (2) common law damages. It is important to note that these payments are tax free!

8. Impairment Benefit – an “impairment benefit” is a one-off lump sum payment that can be made to an injured person if they have suffered a permanent injury, physical or psychological. The term impairment measures the extent the injuries have affected your function or movement, both physically and mentally. To be eligible for an impairment benefit your combined impairment rating must be assessed by Medical Specialists as being greater than 10%. Impairment benefits are payable to injured persons regardless of who caused the accident.

9. Common Law Damages – the purpose of “common law damages” are to compensate an injured person for the change the accident injuries have had on their life. There are two elements that must be established to be successful in a claim for common law damages – (1) you need to have suffered a “serious injury”; and (2) somebody else was at fault for causing your accident injuries. You may be entitled to an award of common law damages, even if you don’t reach the required threshold for an impairment benefit.

10. Serious Injury – a “serious injury” can be defined in a number of different ways. The legislation defines a serious injury as (1) a serious long-term impairment or loss of a body function; (b) permanent serious disfigurement; (c) severe long-term mental or severe long-term behavioural disturbance or disorder; or (d) loss of a foetus. Alternatively, if your impairment rating is assessed at 30% or more, you are automatically deemed to have suffered a serious injury. Whether you have suffered a “serious” or “severe” injury will depend on how significantly an injury has impacted upon your activities of daily living, recreational activities, ability to work or overall enjoyment of life. It is the overall change in the quality of your life that constitutes entitlement to a serious injury certificate.

We are confident that having a good understanding of the above terms will improve your overall understanding of the law and will enable you to communicate more effectively with the TAC.

As Albert Einstein once famously said, “if you can’t explain it simply, you don’t understand it well enough”. At Henry Carus + Associates we have a strong understanding of personal injury law and TAC claims – it is our job to explain it to our clients in a simple fashion, and to educate the injured.

The post A Guide to Help You Communicate with the TAC – 10 Terms You Should Know appeared first on Henry Carus + Associates.

At Henry Carus & Associates we are creating a series of presentations to help explain ideas within the law – especially personal injury law – which may be very difficult for the average person to understand. To begin this informational series, we will start with an example of a recent jury verdict and judgment that our firm was very happy to achieve for one of our clients. The subject is “what if my accident occurred a really long time ago?”

Time Is Your Friend

We have countless discussions with our clients about the process of litigation and the process of trying to achieve a great result for them when they’ve been injured. During these conversations, we constantly remind them that “time is their friend.” Many times, it’s difficult for our clients to understand this because they think that if they can rush through the process and get their settlement, the entire process will be over. They often believe that their suffering will come to end, and everything will be normal again. This is rarely the case. The truth is that the litigation process and the claims process stop, but their injury and the consequences that come along with it, remain.

Over the course of his 33 year career, Henry Carus has had a chance to watch what happens to injured persons over time. In his experience, time is a great aid in allowing to see the full consequences of an injury and how much it changes the quality of a person’s life. If you rush through your case and get it resolved really fast, you’re not giving a chance for time to have its impact.

Personal Injury and Psychiatric Disorders

To bring this into perspective, let’s talk about what happened this past week. One of our clients received a judgment that we obtained after trial. It entailed 8 days in a WorkCover jurisdiction where our client came to us 13 years after her work incident. She was in a store and was the victim of an armed robbery. The traumatic incident left her with ongoing post-traumatic stress disorder. The woman tried to manage it as best she could. She moved on with her life and got another job someplace else. She tried as much as possible to leave the event behind but the post-traumatic stress was too much, and the effects lingered. Eventually, it led to a total collapse of ability to deal with her world.

In her case, we asked WorkCover for a serious injury certificate for her and it was rewarded. We asked for compensation and they refused. We chose to take the matter to court and litigated it in front of a jury. As a result, the jury had a chance to see the terrible consequences that this woman has had to deal with 17 years after her traumatic event. This was a very unique scenario. Usually, we don’t get the chance to present a distressed person this late after their accident.

Compensation for a Psychiatric Injury

If your incident occurred in a work environment or dealing with the TAC in a motor vehicle environment, you generally have six years from the date of your injury. Unless you are a minor, and then we can discuss that differently. Assuming you are an adult, you have six years. Is the law that strict? No. The law always will look at your circumstances and if there is a reason, it will give you extra time to bring proceedings and seek compensation.

In this woman’s case, we thought a reasonable amount to ask the jury for was 200 thousand dollars. The jury decided that this amount was in fact, not enough. The quality of this woman’s life had been so devastated, the jury awarded her 550 thousand dollars. This is incredibly more than anyone else has received in Victoria for a psychiatric injury of this nature.

The statutory maximum that you are able to receive in a WorkCover matter of this type is $598,360. Her reward was pretty close to being the maximum. We believe this result will change the way people with psychiatric injuries will be treated and change the way that compensation is awarded. We are not aware of anyone else who has received this amount of compensation for a psychiatric injury in Victoria.

At Henry Carus & Associates, we hope that news of this event spreads far and wide. We hope that everyone who has a psychiatric injury, or family members who have to deal with someone with a psychiatric injury arising from a work event, will feel support that juries will come to their aid when they seek compensation.

Contact Henry Carus & Associates for Legal Advice

We hear of other firms in town that speed matters along. We also hear of insurance companies that are happy to resolve matters quickly. We are not confident that speed is always to the best benefit of an injured person. Time can be your friend, time can let things develop. If you have patience in your case, incredible outcomes may come about. If you are in a situation where your accident happened many years ago and you think you’re out of time, rethink it. Come see us at Henry Carus & Associates. Let us have a chance to look at your case and determine whether or not we believe compensation is available for you. Contact us today.

The post What if My Psychiatric Accident Happened a Long Time Ago? appeared first on Henry Carus + Associates.

At Henry Carus + Associates, You Deserve More. That is why our team of experienced injury lawyers work hard to ensure our clients get all the compensation they deserve for injuries suffered in a road accident.

• We understand how the Transport Accident Commission (TAC) works – and we know how to obtain maximum payments for the clients we serve. That includes compensation through no-fault benefits and common law lump sum payments, if applicable.

• We know how to prepare a claim in anticipation of the TAC’s defensive actions. Instead of getting upset about what the TAC does, we spend our time doing what is necessary for our clients to win.

What Henry Carus + Associates Can Do For You

Here is an example of the difference our efforts can make. We assisted a man who had been hit by an unidentified vehicle. The TAC provided our client with no-fault benefits and issued her a serious injury certificate, but they rejected his common law claim because they said no vehicle had been involved. We gathered all necessary evidence and ran the matter in court and the jury totally accepted our client’s claim. We asked the jury for $550,000 in compensation and they awarded our client $950,000.

Would you like to see what Henry Carus + Associates can do for you? It costs you nothing to find out, and there is no financial risk to working with us because we handle TAC claims on a No Win, No Fee basis. Contact us today.

Compensation for Minor Injuries

Some accident victims are fortunate enough to get by with only relatively minor injuries. If you are one of the lucky ones, you may still wonder how much you can receive from the TAC and whether it is worth it to hire a lawyer to handle your claim.

Firstly, it is important to recognise that many injuries that initially appear to be minor can turn much more serious later on. Many times, in the immediate aftermath of an accident, the adrenaline is pumping so much that you may not realise how seriously you have been hurt. Some potentially life-changing or life-threatening injuries may not show immediate symptoms. For example, traumatic brain injuries, internal bleeding and severe neck and back injuries may not be apparent right after the collision.

The time after a crash is no time to act tough.

Be certain to get a full medical examination as soon as possible and let the doctor know that you were involved in a crash.

Tell the doctor all your symptoms, even the ones that may seem minor to you.

If your injuries do in fact turn out to be minor, you are still entitled to no-fault benefits from the TAC to cover all your reasonable medical expenses for treatment and replacement of lost wages. Because the TAC is a no-fault scheme medical benefits are paid to an injured party regardless of who caused the accident. If you do not require hospitalisation and your injuries are not considered “serious” under the law, you will not be able to lodge a common law claim.

The team at Henry Carus + Associates still wants to speak with you even if you think your injuries were minor. We may be able to help you get more no fault benefit support than you thought you could receive. It costs you nothing to find out how we can help.

Caps on Damages Under TAC

If your road accident caused injuries that are deemed “serious” under the TAC legislation – and another driver was at least partly at fault for your accident – you may be able to recover additional compensation through a common law claim.

In addition to the severity of your injuries, many other factors could affect how much money you receive. For example, your age, your lost earnings and how your injuries affect your profession or lifestyle, among other issues, will likely play a role in your total benefits. The experience and tenacity of your lawyer could also affect the size of your financial recovery.

The TAC does set limits on the amount of benefits that it will pay for certain losses. According to the TAC’s Indexation of benefits schedule, the following caps are applied to common law damages claims as of 1/7/16:

• Maximum loss of income, past and future: $1,188,180
• Maximum pain/suffering: $528,050
• Maximum Death claim: $864,900

There are also limits to the amount of common law compensation you can receive as of 1/7/16:

• Maximum Impairment Benefit: $171,670
• Maximum weekly loss of earnings: $1,260
• Minimum weekly loss of earnings: $618
• Maximum weekly loss of earning capacity: $1,070
• Minimum weekly loss of earning capacity: $574
• Weekly safety net income benefit: $1,260
• Post hospital support allowance: $4,920

How Is the Amount of Compensation I Deserve Determined?

The amount of compensation you may be entitled to is assessed by how much the serious injury has affected the quality of various aspects of your life, such as:

• Your ability to be without constant pain, either with or without pain medication
• Your ability to get a good night’s sleep
• Your ability to freely move about as you did before the accident
• Your ability to take care of your own personal needs
• Your ability to address your domestic duties
• Your ability to be take part in your former social and recreational activities
• Your ability to take part in exercise programs or sporting activities
• The quality of your personal intimate relationships
• Your ability to return to your occupation, either part time or full time, or the ability to find any work at all

These are all the consequences to the quality of life of a seriously injured person and to that picture are any disfigurements that have occurred as a result of the injuries or the operations needed to address your injuries. Add to that any psychiatric injury caused by the accident or which develops because of the loss of quality life.

Whether any of these aspects are a part of your claim is a matter for you lawyer to consider and provide you with proper advice. The more each aspect is considered and added to your claim, the more your claim is likely to increase in value.

Compensation With and Without Hiring Lawyers

Navigating your way through the TAC’s claim process can be complex, especially in the wake of what is often a traumatic incident. Although it is possible to lodge a claim with the TAC without the assistance of a lawyer, the complexity of the TAC’s rules, policies and regulations makes it unlikely that you will recover the full benefits that you deserve under the law without legal help.

And that is where Henry Carus + Associates can assist you.

Our team’s experience and the ability of our personal service firm to be across the intricacies of all the areas of the law involved means our practitioners are well placed to get our clients the results they are looking for.

This is in contrast to larger, less personally-oriented law firms, where a client is likely to be transferred from one practice group to another just to manage the complicated matters and without a complete understanding of all the legislation involved. More importantly, we pride ourselves on maintaining a close relationship with the client – an element that larger firms can often lack.

Contact Us Today to Schedule a Free Consultation

Our firm has many years of experience working with the TAC, and we understand what is required to get the results we believe you need.

Contact us now to find out how we can put our experience to work on your behalf to help you get the maximum compensation you need and deserve for your road accident injuries.

The post How Much Compensation Am I Likely to Receive After a Road Accident? appeared first on Henry Carus + Associates.

On 19 October 2012, Ms Sangeeta Guru was shopping for groceries at a Coles Supermarket in Cambridge Gardens when she stepped onto a grape she had not seen on the supermarket floor. Her foot slipped forward and she lost her balance, falling heavily to the floor. The fall resulted in Ms Guru sustaining multiple soft tissue injuries to her limbs and torso.

Ms Guru’s claim was brought under the Civil Liability Act 2002, which allows claimants who have injured themselves in NSW to seek compensation for their injuries, where the injuries are caused by negligence of the others. In Victoria, the equivalent legislation is Wrongs Act 1958 (Vic).

The incident report completed by Coles’ employees stated that the incident happened at 5:20 pm. and the last time the floor area involved was cleaned before the incident was at 1:00 a.m. that day.

Coles argued that the risk of slipping over grapes was obvious; and it therefore had no duty to warn customers of the risk. This argument was dismissed by the Judge, who considered that at the time of the incident Ms Guru was looking at the displays of merchandise for sale at Coles, and this was “the very purpose of her presence in the store.” He also stated that Coles should have anticipated that its customers would have applied their attention to the merchandise up for sale. Furthermore, the Judge noted that Coles wanted its customers to place its attention upon the merchandise for sale. Consequently, Ms Guru’s momentary inattentiveness was something that Coles should have anticipated, and she was entitled to expect that Coles would have an adequate and safe system of maintaining a clean floor, which would protect against the risk of customers falling whilst looking for items to purchase.

In assessing the amount of compensation, the Judge noted that Ms Guru has continued to suffer from right shoulder pain and stiffness, pain in her right wrist, associated pain and swelling in three fingers of her right hand with occasional numbness, pain in the back of her neck, back, and right ankle, and constant pain in her right knee. The Judge accepted that due to her injuries, Ms Guru is impaired in her ability to carry out housework and participate in her pre-injury hobbies such as gymnasium exercise, hiking, kayaking, swimming, bushwalking, archery and dancing, for which he awarded non-economic loss at $39,500.

The Judge also awarded future economic loss at $40,000, taking into account that fact that Ms Guru may encounter some difficulty in the future in her work as a beautician due to her injuries. Ms Guru was also awarded past out of pocket expenses at $1,350.45, future out of pocket expenses at $2,000, and past domestic assistance at $7,280. Her total compensation amount was $90,130.45.

This case is a reminder that the Courts hold supermarkets to a high standard of duty of care, and that the Court is serious about protecting the safety of shoppers – even if they may not have been watching where they were going. If you have been involved in a slip, trip and fall accident at a supermarket or another public place, please do not hesitate to contact our personal injury lawyers at 03 9001 1318.

The post Can you claim compensation if you injured due to slipping and falling? appeared first on Henry Carus + Associates.

Depending on the type of policy you have, the definitions of an injury, illness or disability and the policy’s period of cover may vary. Insurance companies also have different methods of calculating your average weekly income.

The policy documents should be provided to you at the outset and it is important that they adequately reflect the coverage you were promised as such documents may later be used against you in the event your policy is terminated.

With that being said, it is also important to keep your policy in case the insurer has acted contrary to the policy in terminating your income protections policy.

We recently successfully settled one of our client’s income protection policy disputes with his insurer.

Background

Our client purchased an income protection policy around 20 years ago for his ‘peace of mind’ in case something happened to him.

Unfortunately, in early 2011 he suffered from a heart-attack and has since not been able to return to his pre-injury duties in a full time capacity. His insurance company initially covered him for total disability for a period of time until he was able to return to part time duties. After his return to part time employment the insurer paid partial disability payments. The insurance company had been paying our client such payments for almost four years.

However, early last year his insurance company contacted him and interviewed him by telephone. A couple of weeks later the insurer sent our client a termination letter. Within that letter they referred to certain comments made by our client during the interview which they believed showed that he had capacity for ‘pre-injury full time employment’. It should be noted that no medical evidence was relied on and no attempts to contact his treating doctors were made. For a policy that covered ‘illness or disability’ this seemed strange.

Needless to say our client was extremely upset and stressed about the insurer’s decision to cease his partial disability payments. He felt very aggrieved and contacted our firm to seek our advice.

What we did

We advised him to leave copies of his policy documents and the termination letter with us and we would take it from there.

After some preliminary investigations we formed the view that the termination was not justified and swiftly commenced legal action against the insurer.

Throughout the litigation process we pressed the insurer for its entire file relating to our client’s claim. After reviewing the file we found numerous actions taken which were contrary to the policy.

Settlement

At a recent mediation the insurer’s lawyers agreed that their client did not act in accordance with the policy and that our client’s payments under his policy should be reinstated.

Our client was reinstated and received back payments for the outstanding period as well as interest.

Contact Henry Carus + Associates

Other law firms may ask for upfront payment for such a complex policy issue, we have dealt with these cases on a no win no fee basis.

This can be particularly helpful for those who are unable to afford expensive litigation. Many individuals who are in the same position as our client often would not seek legal advice as litigation is expensive and it can often feel like a David v Goliath battle.

We are able to assist those individual whose policies have been unjustly rejected or terminated and we do so on a no win no fee basis.

If you feel your income protection policy has been unjustly terminated by your insurer please feel free to contact Henry Carus + Associates for a free consultation.

The post What can I do if my insurance company has terminated my Income Protection Policy? appeared first on Henry Carus + Associates.

There is a specific period of time within which a claim must be lodged in Court in each state in Australia. In Victoria, the time limit to make a claim is governed by the Limitations of Actions Act 1958 (Vic). Section 5(1)(a) of the Act provides that an action founded in tort must be brought within 6 years on which the cause of action accrued. Section 5(1AA) of the Act provides that an action for damages in respect of personal injuries must be brought within 3 years from the date which the cause of action accrued.

In this complex legal system, not everyone is immediately aware of their rights to pursue legal action. This is recognised, and the Court in its discretion may allow an extension of the limitation period. The Court will consider factors such as the length of delay, reasons for delay, potential prejudice to the defendant; the plaintiff’s steps to obtain medical, legal or other expert advice, etc.

In the case of Mackenzie v Positive Concepts Pty Ltd & Anon [2016] VSC 259, the Victorian Supreme Court was prepared to extend a 6 years’ time limit to 13 years.

Facts

Mr Mackenzie sustained serious injuries following an assault whilst working at a hotel as a security officer in 2002. In 2003, he engaged lawyers to represent him in his Workcover claim. The insurance company paid for his weekly benefits and determined that his injuries were not sufficient to get impairment compensation. Mr Mackenzie’s lawyers did not advise him that he could take further legal action against his employer and the hotel in common law proceedings.

In 2013, Mr Mackenzie engaged another law firm to pursue his entitlements. On 12 May 2015, Mr Mackenzie commenced action against his employer and the operator of the hotel. Both Defendants pleaded in the Defence that Mr Mackenzie was out of time, as he only had 6 years from the date of assault to commence action. Mr Mackenzie sought an extension of time to bring his claim.

What did the Court decide?

The Court found in favour of Mr Mackenzie for the following reasons:

• Mr Mackenzie suffered physical and serious psychological injuries from the accident, requiring him to go for continuing treatment, medication, and resulting in disability;
• Mr Mackenzie’s former lawyers did not advise him of his rights to bring a claim in Court;
• Mr Mackenzie believed that he had exhausted all his legal rights;
• After Mr Mackenzie’s flatmate encouraged him to see a lawyer, he attended and instructed his current lawyers;
• The Court accepted that Mr Mackenzie was a credible and honest witness; and
• There is no prejudice to the Defendants.

The Court took the view that Mr Mackenzie was not at fault for failing to seek alternative legal advice at the time when he instructed his former lawyers. The Court commented that a lay person who thought that they had no further legal action, had no reason to seek alternative legal advice.

Take away point

The case of Mackenzie demonstrates the Court’s flexibility in allowing a claimant extra time to bring a personal injury claim. Factors such as your disability, steps you took to seek advice, and the legal or expert advice you received, are highly relevant. If your accident happened a while ago and you are concerned that you are out of time, please consult Henry Carus and Associates immediately.

The post Compensation for Accidents in the Past appeared first on Henry Carus + Associates.