Was it a reasonable offer?

Tom was a passenger in a car driven by his friend when she lost control and hit a stobie pole. Tom had been negotiating direct with the Compulsory Third Party Insurer. The Insurer offered to pay Tom $10,000 to settle his claim at which point he came to us in order to make certain it was reasonable compensation for his injuries. Acting on Tom's behalf we were able to negotiate a settlement offer of $25,000, after payment of legal expenses.

Pain in the neck!

Liz was the driver of a car which was hit in the rear whilst she was stopped at a red light. Liz hurt her neck and was worried about paying the bills for her doctor and physiotherapist. We were able to let Liz know that not only would the Insurer pay for her reasonable treatment but she was also entitled to receive compensation for her pain and suffering and any lost income as a result of the accident.

Compensation for asbestos exposure

Our client, 'Rose', was one of the unlucky ones. She worked at a plumbing supply shop in the 70's where one of her duties was bagging up lose asbestos for plumbers to use as insulation. Before Rose died of an asbestos related illness we helped her make a claim against her former employer - arguing that even in the 70s it was clear to prudent employers that asbestos was not safe to handle. Rose was awarded over $250,000.

Securing a future

When 'Alison's' partner died she found that he had no will. But worse than that - because they had lived together for less than 3 years she wasn't considered a 'spouse'. That meant she had no claim on the estate, and the house where Alison was living was likely to go to Mark's 3 adult children. Alison was named as a beneficiary in Mark's superannuation policy, but the children applied for that as well. (Super funds have the discretion to decide whom they pay out to. They don't have to comply with the wishes of the deceased person). It looked like Alison could be left with nothing. We took the unusual step of applying for a property settlement under the De Facto Relationships Act, arguing that the Act applied because the parties had a relationship and it was 'over'. That was enough to get the children to the negotiating table. In the end Alison and the children agreed to a split. Alison kept the house. Not perfect - but much better than nothing.

Unlicensed but still covered

'Tom' was employed as a driver. When he had an accident in his truck it became apparent that he didn't have a license. WorkCover argued that, because Tom was driving illegally, they didn't have to compensate him for his injures. But it was our argument (that no matter what the state of his license Tom was still injured in the 'course of his employment') that was successful. Tom got paid his compensation.

Too much fat

'Mary' is a widow. When her husband died of a heart attack she came to see us. 'John' had served in Borneo. Mary wanted to know if she was entitled to a pension, now that John was gone. Research in Queensland had shown that the rations fed to soldiers like John had an extraordinary high fat content that could lead directly to heart failure. We were therefore able to show that John's war service contributed to his death. Mary got the war widows' pension she needed for her future financial security.

Our client, a correctional services officer, had a complaint made against him by a prisoner. He made a statement in response to the allegations against him and a copy of that statement, including his home address, was given to the prisoner. Our client, quite rightly, was concerned and sought our advice. Because of representations we have made to the Department it has now been agreed that all correctional services officers will give only their work address on statements in the future.

How low can you go?

Our client, 'David', was the driver of a car when he was injured in an accident. David had been negotiating direct with the Compulsory Third Party Insurer and he was not satisfied when he was offered only $8,800 to settle his claim. After obtaining further information to support his claim we were able to negotiate an increased offer of over $27,000, after payment of legal expenses.

Major claim succeeds

David was injured in a motor bike accident. He wasn't wearing a helmet and suffered a closed head injury that means he now needs round the clock care. Because that care was mostly being provided by David's parents, their house needed to be modified to meet his new needs. We instructed a specialist architect to recommend alterations. He advised that, given the existing house was on a sloping site, it would be a cheaper to build a new home. So we got an interim payment from SGIC and organised for a home to be purpose built. We advertised for and selected carers to take some of the load off David's parents. We organised for a specially modified car to be bought. When David's claim was finalised he received a total package of compensation amounting to over 4.5 million.

Assaulted

Our client "Justin' suffered horrific injuries in an assault outside a hotel. We were able to apply for criminal injuries compensation. Justin was awarded the maximum compensation allowable - approximately $50,000.

Residence and contact

When 'Chris' and his wife separated, their 10 year old son 'Darcy' stayed with Chris. But 6 months later 'Judy' applied to the Family Court for an order that Darcy live with her, or failing that, that there be a 'week about' arrangement. Chris knew that Darcy was happy and settled with him and he didn't want that to change. Because the parents couldn't agree the court ordered that the matter go to trial. The question then became what would happen to Darcy until the trial. The court accepted the strong submissions we put on Chris's behalf and ordered that Darcy stay living with him and that Judy have regular contact. The court also asked for an expert to observe Darcy with both his parents and prepare a report. The report supported Chris's contention that Darcy was happy where he was - but also suggested he have more contact with his mother. Darcy's parents were able to put their differences aside and, taking the advice of the report, they agreed new arrangements between themselves - arrangements that suit them both and, most importantly, keep Darcy happy. The trial now won't need to go ahead.

When sport is no fun

During 'Michael's' long career with his employer he often played sport. The sport was authorised and encouraged by his superiors. So when his knees were injured we were able to successfully argue that his sport was part of his work and his injury occurred ' in the course of his employment'.
Michael was compensated.

The stress of the job

Peter, a police officer, found the pressure of the job really got to him. Although he was never threatened himself, or in any actual danger, he often felt himself to be in unsafe situations. Peter gave very impressive evidence to the court about his fears and we argued that the perceived possibility of injury was significant enough to give rise to a stress claim. Peter received substantial compensation.