All Posts By

Gajic Lawyers

National Redress Scheme

What is the National Redress Scheme and How Do I Apply?

By | General Information

In late 2012 then Prime Minster Julia Gillard announced the Royal Commission into Institutional Responses to Child Sexual Abuse. After a five-year inquiry, in December 2017 the Royal Commission detailed its findings in a final report it handed to the Governor-General of Australia.

Among its findings, the Royal Commission recommended the establishment of a single National Redress Scheme (NRS) for survivors of institutional child sexual abuse, to help make amends for the terrible wrongs such people had suffered. This scheme was established on 1 July 2018, meaning those who suffered institutional child sexual abuse prior to that date may be eligible for the three things the scheme can provide: counselling, a redress payment, and a direct personal response from an institution (such as an apology).

If institutional child abuse has occurred after this date, other options such as civil legal action may be appropriate.

In what follows we’ll look at the factors that both confirm or affect eligibility for the NRS, including what other options are available. In any event, if you have experienced institutional child abuse – or are advising or mentoring someone who has – contacting legal professionals with expertise in this area will help you work through the issues involved in seeking redress, and reduce the stress and time making such a claim entails.

Eligibility for the National Redress Scheme

There are a number of threshold factors which determine whether you can make an application to the NRS. These include:

  • that you experienced sexual abuse when you were a child (under 18 years of age), and the abuse happened before 1 July 2018, and;
  • an institution was responsible for bringing you into contact with the person who abused you, and;
  • you were born before 30 June 2010, and;
  • at the time you apply, you are an Australian citizen or a permanent resident.

The scheme notes that an application may be processed differently if the applicant was abused in an institution that hasn’t joined the NRS; is under 18 years of age; has ever been sentenced to more than five years in jail, or; has already received a payment related to the abuse.

It also sets out the circumstances in which you cannot make an application for redress, including where:

  • You are serving a sentence in jail. You may still be able to apply once your sentence is served, or in some other exceptional circumstances.
  • You’ve already applied for redress through the NRS.
  • You did not suffer sexual abuse.
  • You have already received a court-ordered payment from the institution.

In order to accept an offer of redress under the Scheme, you need to be 18 years of age. You can still apply under the Scheme if you are under 18 but will turn that age before 30 June 2028. In that situation, the NRS will conduct a preliminary assessment of your application and contact you about other support you may be able to access through the Scheme, without making a formal offer. Expert legal advice can prove invaluable here in helping you work out whether you should pursue redress through the NRS or look at other legal options.

Once you turn 18, the NRS will make a full assessment of your application and may make an offer of redress. It should be noted this offer may differ from that of the preliminary assessment because your circumstances might have changed.

NRS support services include a legal support service to help you clarify your legal options.

A special assessment process applies if you have committed a crime and received a single sentence of imprisonment of five years or more. In this situation you will be asked to provide some additional information about your offences and the relevant Attorney-General in your jurisdiction is also consulted before you are able to apply for redress.

If you have received payments from other redress schemes, victims of crime schemes or out-of-court settlements, this may affect your application under the NRS unless the payments are unrelated to the abuse you are now seeking redress for.

In some circumstances, you may have signed an agreement not to speak about your abuse or ask for any more money from the institution in which you were abused. In this circumstance, the institution cannot stop you from applying for or receiving redress through the NRS should you wish to do so.

Where you have been to court and received a judgment awarding damages in relation to the abuse you suffered, you cannot apply to the NRS for further payment from that institution.

Other legal options

There are other avenues to seek compensation from an institution in which you were abused either in combination with, or separate to, an application under the NRS.

Seek legal advice about your eligibility for a victims of crime compensation payment.

As a result of the Royal Commission, the Statute of Limitations which formerly restricted the time in which an action for compensation as a result of childhood sexual abuse could be brought has been changed in Australia’s states and territories. This reflects the unique nature of child sex abuse, where victims may not be ready to address what happened to them until many years after the event.

While time limits for bringing a civil action have been lifted, each state and territory’s legislation differs. In some cases the definition of abuse was extended to apply to other forms beyond sexual abuse, and to apply beyond abuse that occurred within institutions.

At Gajic Lawyers, our specialty is compensation claims. We bring compassion, understanding and persistence to progressing your claim through to a satisfactory resolution. Whether you’re considering a claim under the NRS or a civil compensation claim, we can guide you through the process to reduce both the stress and time involved in seeking compensation for the pain and distress you’ve suffered. Call us for an initial consultation today on 1800 431 508.

TPD Claims

How Does the TPD Insurance Claims Process Work in NSW?

By | Superannuation TPD

Taking out Total and Permanent Disability (TPD) insurance is increasingly common. The possibility of a serious injury or illness preventing someone from ever working again has motivated many people to consider this type of insurance, which provides a lump sum payment if the claim is successful.

These days, many people also have TPD cover as part of their superannuation fund.

Unfortunately the claims process for TPD insurance is anything but straightforward. TPD insurance policies vary widely, including on the exact definition of TPD. Anyone making a claim needs to delve into the detail of their policy in order to give it the best chance of success.

Common problems which beset TPD claims include proving your level of disability; the length of wait times after your injury before being able to make a claim; exclusions in the policy, such as when you have a pre-existing injury; requirements about ongoing medical treatment or rehabiitation plans; demonstrating your work history, and more.

As a result the claims process when making a TPD claim can be time-consuming, stressful and take an extended period to resolve. Below we’ll offer some more detail on the most effective way to make a TPD claim, including how our specialist team can help you.

Requirements before making a TPD claim

Before agreeing to provide a lump sum payment under a TPD insurance policy, insurance companies will require extensive evidence to prove the extent of your disability and that you have met the other conditions under the policy. This process is why some TPD claims can be challenging and lengthy.

Making a TPD claim begins with establishing eligibility under the precise terms of the policy. This will usually involve meeting some of the requirements detailed below.

Level of disability: Is your disability as a result of injury and/or illness total and permanent so as that you are unlikely to be able to return to any type of work, or to be able to return to your previous role? TPD policies (and the premiums you pay for them) are generally divided into those that cover you for your ‘own’ occupation (i.e. whether you can return to work in your previous role), while others cover ‘any’ occupation (i.e. whether you can work in a different job or industry).

Wait times: Some policies will require the insured person to wait up to three months or longer before they can make a claim, in order to see whether the injury stabilises and its full extent can be determined.

Work history: Some TPD policies will require that the claimant was working full-time in the year before the accident or incident which caused their disability. Others will also require you be in full-time employment when the claim is made, or were working a set number of hours before the claim is made.

Loss of function: Some TPD policies may require proof that you have lost the capacity to perform several basic living tasks, such as washing yourself or going to the bathroom, before allowing a claim.

Ongoing care: The policy may require that you are complying with the need for ongoing medical care and have undergone, or are undergoing, rehabilitation for the injury.

The claims process

If you meet the eligibility requirements it’s time to contact the insurer or your super fund – if that’s how your TPD policy is held – to inform them of your intention to make a claim and find out what evidence will required to support it.

At this stage they may appoint a case manager to walk you through the process of submitting a claim. The guidance of an experienced legal practitioner can be vital at this stage. You can then submit your claim along with supporting documentation – medical reports, work information and any other relevant evidence.

It should be noted that a claimant has a duty to disclose all relevant information to the insurance company when making a claim. This is a legal requirement that will affect your claim if it is breached.

The assessment process then begins. The insurer will decide on your eligibility to make a claim and may require further information from you in support of the claim, including additional medical examinations.

The insurer then makes a decision to accept, defer or decline your claim. Deferment may mean further information is required, which you are able to provide in response. You may also be able to provide additional information in support of your claim if it is initially rejected.

If your claim is rejected, you can also appeal the insurer’s decision. Initially this appeal should be directed to the insurer, who will have an internal dispute resolution process. Insurers have 45 days and super funds have 90 days to provide a response on any appeal, though they should remain in communication with the claimant throughout that period.

If the claim is again rejected, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA) or investigate the possibility of taking legal action to have the decision overturned. A complaint to the Authority must be made within two years of the insurance company’s decision to deny your claim, while legal proceedings must commence within six years of the decision.

How we can help

While some TPD claims can be quite straightforward and resolved in a few months, when an insurer challenges your eligibility under the terms of the policy, it can take much longer.

Engaging specialists in making TPD claims such as Gajic Lawyers can remove much of the stress for you as the claimant. We have wide experience in this complicated area of the law, in particular regarding superannuation TPD policies. A successful claim very much depends on the strength of your supporting evidence and we can make sure you make the strongest claim possible based on your circumstances.

For more information about any of the issues raised in this article, or to arrange an initial appointment, call us today on 1800 413 755.

CTP Claim

How Do I Make a CTP Claim in New South Wales?

By | CTP Claim, Personal Injury

Under NSW’s Compulsory Third Party (CTP) insurance scheme, anyone injured in a motor vehicle accident can make a claim for benefits if they are injured or suffer financial loss as a result of the incident, whether they were at fault or not. This includes drivers and passengers, motorcycle riders and passengers, cyclists and pedestrians.

In regard to CTP claims in NSW, it’s important to distinguish between claims for accidents that occurred before 1 December 2017 and those that happened after that date, when the Motor Accident Injuries Act 2017  (‘the Act’) came into effect.

This Act introduced statutory benefits – income support payments for those injured in an accident who lose earnings as a result, in the first six months after the accident. After six months, income support payments end if your injuries are assessed as minor and you were at fault or mostly at fault for the accident.

In this article we’ll provide more detail on how to make a CTP claim, including what you can claim for. The guidance of expert compensation professionals such as Gajic Lawyers should be sought if you have any questions or concerns about this process.

The CTP claims process

As with any claim for compensation, strict time limits apply to CTP claims.

To receive weekly income payments from the date of the accident, you need to make a claim within 28 days of the incident. To do this you need to get the details of the other vehicle/s involved in the accident, report the incident to police and obtain from them an event number to give to the insurer. You should also see a GP for medical treatment and obtain a certificate of fitness for work. The CTP insurer can approve the costs of early treatment whether or not you later make a full claim.

Additionally, you should notify the insurer of the at-fault vehicle or use the State Insurance Regulatory Authority’s (‘SIRA’) Online Claim Notification form to begin your claim. In order to find the insurer of another vehicle, provide the registration plate number of the vehicle to CTP Assist Service on 1300 656 919.

If you can’t submit a claim for weekly payments within 28 days, you have three months from the date of the accident in which to lodge a claim for weekly payments, which if approved will commence from the date of submission of the form.

Within three months of the date of the accident, you can make a full CTP claim by lodging the documents mentioned above with the insurer of the at-fault vehicle. This claim is for personal injury benefits where you require treatment for your injury (either physical or psychological) beyond the initial treatment agreed to by the insurer.

If this claim is accepted, the insurer may have to pay for all reasonable and necessary expenses arising from your injury, including:

  • Medical, dental and pharmaceutical expenses;
  • rehabilitation and treatment expenses (like physiotherapy);
  • the cost of travelling to and from appointments;
  • support services (i.e. personal care and domestic help), in some cases.

The full claim may also cover past and future lost earnings, and an amount to acknowledge your pain and suffering as a result of the accident.

What happens once you’ve filed your claim

Once a claim is submitted to the CTP insurer, it has four weeks to assess the claim for income payments in the first 26 weeks after the accident, or three months for income payments after 26 weeks. It may request additional information in order to do so.

The size of the compensation pay-out you may be entitled to will depend on whether your injuries are classified as minor or non-minor, and your whole person impairment (‘WPI’) – a measurement of the severity of your injuries and the extent to which they impair you on a percentage scale.

Minor injuries are defined as a soft tissue injury or a minor psychological or psychiatric injury (that is not a recognised psychiatric illness).

A non-minor injury may mean you can claim compensation for medical expenses and commercial domestic care for life; weekly payments for up to five years; and proceed with a common law damages claim.

Disputes and legal advice

If you disagree with the assessment of a CTP insurer about the extent of your injuries, for example, you should first ask the insurer to conduct an internal review about its decision within 28 days of that decision.

If you remain unhappy after that review, SIRA’s Dispute Resolution Service will conduct a Merit Review of the assessment if you apply within 28 days of the insurer’s internal review decision. A review of this decision is also possible.

For all of the steps noted above, legal advise is highly advised. Making a CTP claim can be a complex and stressful process requiring the accurate collation of evidence supporting your claim and tight time frames in which to do so.

By entrusting your claim to expert compensation law firm, Gajic Lawyers, we can ensure you receive the benefits you’re entitled to in order to help your recovery in a timely manner. Our friendly, trusted professionals have an admirable track record in dealing with CTP insurers in order to get our clients the best possible result. Call us today on 1800 413 755 for a case evaluation.

I’ve Been Injured Travelling to Work in New South Wales: Can I Claim Compensation?

By | WorkCover Claims

What is considered in making a ‘journey claim’?

In the 2014 case of Dewan Singh and Kim Singh t/as Krambach Service Station and Wickenden, a worker had a motor vehicle accident when driving home in the dark after late work hours. It was discovered that her employer’s requirements to work late hours, which led to the worker having to travel in poor conditions is a ‘real and substantial’ connection to the incident and employment.

When is compensation not payable?

There are some situations where a worker will not be able to claim compensation for an injury sustained travelling to or from work. This will be the case if:

  • The injury is the result of serious and willful misconduct by the worker.
  • The worker was under the influence of alcohol or any other drug, unless the alcohol or other drug did not contribute in any way to the injury, or was not voluntarily consumed.
  • The injury resulted from a preexisting medical condition of the worker and the journey did not cause or contribute to the injury.
  • The worker sustained the injury during an interruption or deviation from their journey, but that interruption or deviation is unconnected with the worker’s employment or the purpose of the journey.

Time limits and the need for legal advice

A worker has six months from the date of the incident to submit a claim.

In order to have all you need to make a compelling case for compensation, it’s highly advisable to consult experienced Parramatta personal injury lawyers. Through an initial free, no-obligation appointment we will thoroughly assess your case for a claim and promptly advise on its chances of success. We will help you with gathering evidence to support your claim and ensure it is lodged within the allowed time limit, so call us today on 1800 431 542.

Public Liability

Injured in a Shopping Centre in Sydney? What Can I Do?

By | Public Liability Claims

When we visit a shopping centre for some ‘retail therapy’, the last thing we expect is that we might sustain an injury.

And yet this is a relatively common occurrence, with slips, trips and falls resulting in injuries for which you may be able to claim compensation. The cause of such accidents can be anything from water left on a slick, tiled floor to a stray grape falling off a produce table in a supermarket, a loose tile or a faulty escalator. Back, neck, hip and knee injuries are the common result of such accidents.

In any of these situations, if it can be shown that the owner and/or operator of the shopping centre has not taken reasonable care to prevent the cause of the accident, then it can be shown they were negligent in their duty of care to shoppers and may be liable to pay the injured person compensation.

Under the Civil Liability Act in NSW, the sorts of damages that can potentially be claimed under public liability by an injured person include for pain and suffering, loss of wages, medical expenses and rehabilitation, and homecare services made necessary by the injury.

Family members of the injured person may also have a claim because of the increased pressure and stress they experience as a result of caring for an injured loved one.

If you or someone you know has been injured in an accident at a shopping centre, consult expert compensation professionals such as Gajic Lawyers as soon as possible for guidance on the best way to make a claim, but also keep in mind the things you should do when the accident happens, detailed in this article.

What should you do immediately after the accident?

Evidence in support of any claim for compensation to show the shopping centre was negligent will be crucial in the success of your claim. That’s why it’s very important – if you have the presence of mind at the time – to gather as much evidence as possible of the scene of the accident when it occurs.

Obviously the first priority is to ensure your injury is treated and stabilised. After that, if you can (or a companion is able to), take photos of the scene where the accident occurred. Also take photos of your injuries if they are visible (scratches, contusions, obvious breaks, etc). Try and get the contact details of any witnesses to the accident at the scene. Check whether CCTV cameras are present and note their location – the cameras may have captured the scene of your accident. Write down as many details as you can about the lead-up to the accident and the incident itself.

Most large shopping centres will have their own incident report form, which you should comply with in order for it to be accurately filled out. If not, it’s advisable to report the accident to shopping centre management as soon as possible.

In many cases, injuries sustained in a slip-and-fall type accident at a shopping centre may only worsen or emerge in the days and weeks after the incident. In this situation, medical evidence from your doctor may prove vital in proving the veracity of your claim. Whether you are immediately aware of your injury or it becomes more apparent later, visiting your doctor to obtain a full report on your injuries as soon as possible after the accident is very important.

Keep a record of all the expenses you accrue as a result of the accident, from travel to medical appointments as well as the costs of any medical treatment or rehab.

Why you should speak with an expert compensation lawyer

Public liability negligence claims in NSW are governed by the Civil Liability Act 2002 (NSW). The finer detail in this legislation about how a negligence claim is proved, plus the fact your claim for compensation must be lodged within three years of the accident, means you should seek the advice and guidance of experienced personal lawyers such as Gajic Lawyers.

We can help you at all stages of the process, from gathering evidence in support of your claim to lodging it on time and in order to give you the best chance of success. Call us today on 1800 431 542 for a free, no-obligation discussion about your case.

work accident compensation

If you have suffered an injury at work, you are entitled to make a claim for workers compensation benefits.

By | Must-Knows

If you have suffered an injury at work, you are entitled to make a claim for workers compensation benefits. The entitlement to make a claim for workers compensation benefits arises if employment is a substantial contributing factor to the injury.

The statutory entitlements generally available under a workers compensation claim are as follows:

  1. Lump sum payment if the impairment assessment is at least 11%.
  2. Weekly payments of compensation for periods of incapacity
  3. Medical expenses for treatment incurred as a result of the injury

If your injury was caused by the fault of your employer and your injury is assessed as at least 15% WPI, then you may be entitled make a work injury damages claim. Unlike the workers compensation claim which is a no fault scheme, you must establish that the negligence of your employer was responsible for your injuries to be successful in a work injury damages claim.

The entitlements available under a work injury damages claim are as follows:

  1. Past and Future Economic Loss including loss of superannuation

In preparing your workers compensation claim, an assessment will be made if a work injury damages viable if your injury is assesses above the required threshold and negligence can be established against your employer.

Workers Compensation

Workers Compensation Act Reviewed. Claim back your missing weekly payments!

By | Must-Knows

In June 2020, the Supreme Court of Appeal of NSW made a vital decision in the case of Hochbaum v RSM Building Services Pty Ltd and Whitton v Technical and Further Education Commission t/as TAFE NSW [2020] NSWCA 113 for injured workers who have missed weeks of compensation after receiving 260 weeks of weekly payments.

Previously, Section 39 of the Workers Compensation Act 1987 was understood to have meant that an injured worker who has received weekly payments for up to 260 weeks (5 years), will not receive further weekly payments until they have a confirmed 21% Whole Person Impairment (“WPI”) or greater.

For injured workers who were on weekly payments prior to the major workers compensation amendments in 2012, if they did not have greater than 21% WPI, their payments would have ceased from 26 December 2017.

Often it would take many months or up to a year before an injured worker’s dispute for permanent impairment would be resolved and in that time, injured workers did not receive weekly payments.

The Court of Appeal reviewed the interpretation and purpose of Section 39 and held it was not the intention of Section 39 to bar injured workers from receiving weekly payments. There is no wording in the Act that states an injured worker must have a 21% WPI or greater to obtain weekly benefits beyond 260 weeks.

What does this mean for you?

If you have been cut off from weekly payments after 260 weeks, from 26 December 2017 and:

  1. Attained 21% WPI or greater after that date and did not receive weekly payments from that date up until the time you attained 21% WPI or greater;
  2. Have not been examined and/or assessed by a medical specialist for greater than 12 months
  3. Awaiting surgery for your work-related injury;
  4. Your injury and symptoms have not stabilised and you cannot be assessed for permanent impairment;

Then contact our office to speak to our workers compensation team who will advise whether you are entitled to back pay of weekly compensation and any reasonable and necessary medical expenses for your work-related injury.

Common Law Claim

If your motor vehicle accident occurred after 1 December 2017, you may be entitled to make a claim for Common Law Damages

By | Must-Knows

Am I entitled to make a Common Law Claim

If you have lodged an “Application for Personal Injury Benefits” and the insurer has determined that you are not wholly at fault in your accident and your injury is not a “minor injury” you are entitled to make a claim for common law damages.

What is a “minor injury”

A “minor injury” is any one or more of the following:

  1. A soft tissue injury (an injury to tissue that connects, supports or surrounds other structures or organs of the body (such as muscles, tendons, ligaments, menisci, cartilage, fascia, fibrous tissues, fat, blood vessels and synovial membranes), but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage.
  2. A minor psychological or psychiatric injury (a psychological or psychiatric injury that is not a recognised psychiatric illness).

What does a Common Law Damages Claim entail

A common law claim comprises of the following heads of damages:

  1. Pain and suffering (non-economic loss). To receive pain and suffering, your injuries must exceed a threshold of 10% Whole Person Impairment. This is commonly determined by a SIRA accredited medical assessor.
  2. Economic loss:
    1. Past and future loss of earnings; and
    2. Past and future loss of superannuation.

When can I make a common law claim

A claim for common law damages can be made any time after 20 months from the date of your accident or before 20 months if the insurance company has accepted that your injuries are greater than 10% WPI.

To see if you can make a claim for Common Law Damages, contact Gajic Lawyers today.

Gajic Lawyers' Response to COVID-19

Gajic Lawyers’ Response to COVID-19

By | General Information

The recent impact of Coronavirus (COVID-19) has been making a large impact to business small and wide, ranging from a local to international scale.

While businesses have struggled to maintain a business as usual approach via implementing Working From Home and flexible work conditions to limit the exposure and maintain business operations, here at Gajic Lawyers, the transition process is more a evolution of an existing process that has been in place for years.

Gajic Lawyers has always been known to have strong work flexibility through its extensive Work From Home program which extends to all levels of staff from management, solicitors and support staff, from casual to full time.

This program has not only allowed us a strong adaptability with changes such as that caused by the impact of the Coronavirus, but has always been and made available to accommodate business and staff needs including a work and life balance.

This extensive program, synergised with electronically signing documents, remote offices, on call interpreter services and teleconference capabilities places Gajic Lawyers in a position that is stronger than ever to deliver reliable and efficient services to our clients with minimal impact to the life of their claim.

As always, we understand making a claim can be a lengthy and arduous process but having the capability to service our clients with minimal effort from the client but still achieving an outstanding result is what we strive to achieve.

In the coming days, weeks and months, you may notice your appointments will be held via teleconference with your solicitor instead of the usual face to face. Our priority is to ensure both the safety and wellbeing of our clients and our staff as we closely monitor the situation and respond accordingly.

There will be on rare occasions where you may need to come to the office but your solicitor and their team will advise you when that is required in order to limit unnecessary exposure for all parties.

We appreciate your understanding in this situation and welcome any feedback and questions you may have and will ensure your enquiry is responded to quickly.

What is Contributory Negligence

Have you been assessed with a minor injury and are having your treatments cut off after 6 months by the Insurer?

By | Must-Knows

Please note that you may still be able to obtain further treatment after the six month period if the following criteria can be met:

The Treatment is for any of the following:

  1. medical treatment, including pharmaceuticals
  2. dental treatment
  3. rehabilitation
  4. aids and appliances
  5. education and vocational training
  6. home and transport modifications
  7. workplace and educational facility modifications

The following situations apply:

  1. The treatment and care will improve your recovery or
  2. The Insurer delayed approval for the treatment and care expenses or
  3. The Treatment and care will improve your capacity to return to work and or usual activities

Accordingly, call Gajic Lawyers now for a free consultation and see how we can assist you.

how long personal injury claims

What you must know about timeframes to lodge your claim in QLD

By | Must-Knows

Did you know that there are strict timeframes for lodgement of QLD motor vehicle claims under the new legislation?

The notice must be given:

within three months if it is to be given to the Nominal Defendant because the motor vehicle or the driver cannot be identified; or
in any other case whichever of the following dates is earlier:
within nine months after the motor vehicle crash or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury;
if you have a solicitor managing your claim, within one month of the first consultation with the solicitor.
Your claim could be rejected if you lodge outside the timeframes. Early lodgement of your claim will assist in early access to treatment and rehabilitation if required.

If you are under 18 years at the time of the crash, different timeframes apply. For children, timeframes to lodge a claim do not commence until the child turns 18.

Road Accident in South Australia

Ensuring you get the best financial outcome

By | Must-Knows

Unrepresented claimants will often be offered a settlement amount from insurance company that is well below what the claim is worth. Our solicitors are regularly negotiating settlement sums well in excess of what the insurer initially offered an unrepresented claimant. For example, we had an unrepresented claimant approach our firm with a final offer from the insurer of $14,000 inclusive of all medical treatment, lost income and legal costs. After further work and negotiations on that claim by our experienced Parramatta personal injury lawyers, the claimant has a current offer of 550,000 all-inclusive of legal costs – 46 times more than the insurer’s initial offer!

Dealing with insurers directly will never get you the best outcome.

10 things you can do after a motor accident in New South Wales

What happens when they are forced to take time off work due to your motor vehicle accident?

By | Must-Knows

Usually when it is available a victim will use their sick leave or annual leave entitlements in the hope that these will be reimbursed as part of their claim. Unfortunately it is not the case that 100% of entitlements will be repaid. In some cases only a fraction is paid. The insurer’s aim is to reduce that recovery to a minimum. In these cases, you may be out of pocket. To ensure you minimise this loss, you must speak to a Parramatta personal injury lawyer today.

Catastrophic Injury in Western Australia

Have You Suffered a Catastrophic Injury in Western Australia?

By | Personal Injury

What does it mean to suffer a ‘catastrophic’ injury? Most people understand it to mean a very severe, traumatic injury that has an ongoing impact on your life. It may result resulting in permanent disability which prevents you from ever working again and may also deprive you from enjoying other aspects of a full life. The psychological effects of such an injury can be equally debilitating.

In many cases there is also a major impact on your family, who may be placed in the role of your carer for the rest of your life. And there is the inevitable financial burden that accompanies the costs of medical treatment, ongoing care, home modifications to cater for your disability and much more.

What sort of injuries are catastrophic in nature? These might include:

  • Spinal injuries that result in paraplegia, quadriplegia and tetraplegia;
  • amputation or disfigurement caused by the injury;
  • brain damage that results in lasting impairment to speech and other motor functions;
  • psychological and psychiatric damage caused by your experience of the accident;
  • other lasting injuries such as burns.

If your catastrophic injury was caused by the negligence of another – be it in the course of your employment, in a public place or from a motor vehicle accident, for example – you are likely entitled to compensation.

Catastrophic injury claims can be complicated and the guidance of a legal professional with expertise in this area is highly advised. Damages pay-outs for injuries of this nature can run into hundreds of thousands of dollars or more, taking into account an injured person’s medical expenses now and into the future, as well as lost income and other expenses associated with the injury.

What can you claim for?

If your ability to work and overall lifestyle has been badly impacted by a catastrophic injury, a claim to recover costs might cover:

  • Past and future pain and suffering, a loss of enjoyment of life and reduced life expectancy as a result of the injury.
  • Past and future medical treatment, including the costs of doctors, physiotherapy, surgery, scans, pharmaceutical, etc.
  • Past and future loss of earnings and superannuation.
  • Past and future aids such as a wheelchair, or home and car modifications.
  • Past and future domestic services such as gardening, ironing, home and vehicle maintenance.
  • Past and future care services, as well as past and future voluntary or gratuitous care services by family and friends.

How are these claims treated in Western Australia?

A claim for compensation as a result of sustaining a catastrophic injury will depend on how you sustained the injury and its severity. In Western Australia (WA), a number of statutory schemes exist to provide compensation depending on whether your claim arises from a motor vehicle accident, workers’ compensation or public liability.

WA’s Catastrophic Injuries Support (CIS) scheme, for example, was introduced in July 2016 and provides lifetime treatment, care and support for people catastrophically injured in a motor vehicle crash in Western Australia when they are unable to establish the fault of another driver.

If it’s difficult to prove another party’s negligence caused your catastrophic injury, your legal adviser will be able to check whether any of the insurance policies and superannuation accounts you may hold include Total and Permanent Disability (TPD) coverage, which can also be called on to financially assist you during recovery or rehabilitation.

The importance of good advice

In most personal injury claims, strict time limits after the accident apply in lodging your claim and so it’s important not to delay. Seeking legal advice from trusted legal professionals as early as possible after you sustain injury is essential. Evidence about how you sustained the injury, including any medical treatment at the time and in the aftermath can be crucial to a successful claim.

Dealing with the insurance companies involved in the statutory compensation schemes can also be challenging. The insurer may challenge your claim and/or take undue time in processing the claim, and this is where the experience of an expert compensation lawyer can prove invaluable.

Gajic Lawyers are specialists in personal injury. We have years of experience in claims related to a catastrophic injury, be it the result of a workplace injury, motor vehicle accident, public liability or medical negligence. We are also experts in Superannuation TPD claims. We take steps to try and finalise your claim as quickly as possible, and you will not be required to pay anything toward the preparation of your claim. Get in touch with our Perth office on 1800 413 755 today for an obligation-free consultation about your case.

Road Accident in South Australia

What to do if You’ve Been Injured in a Road Accident in South Australia

By | Motor Vehicle Accident Claims

While deaths from motor accidents have decreased significantly in the last decade, injuries have continued to increase. A 2018 report from the Bureau of Infrastructure, Transport and Regional Economics (BITRE), Road Trauma Australia, found there were 38,945 hospitalised injuries in 2016, a nominal increase of 3.6 per cent per year since 2013.

Because of the frequency of injuries from motor vehicle accidents – whether you’re driver, passenger, pedestrian or cyclist – Australia’s states have Compulsory Third Party (CTP) insurance schemes which provide compensation for those injured in such accidents. The insurance premium is paid when the car is registered in the state.

This is also the case in South Australia (SA) where the Compulsory Third Party Insurance scheme is managed by the CTP Insurance Regulator, which instructs one of four insurance companies – AAMI, Allianz, QBE and SGIC – to manage claims for compensation due to personal injury. Since July 1, 2019, South Australians are able to choose their CTP insurance from the four Government-approved insurers mentioned above when they renew their registration.

There were also some significant changes to CTP insurance in SA after July 2013 which anyone who has been injured in an accident involving a motor vehicle needs to be aware of before making a claim for compensation.

What to do after your accident

If the accident is minor and all cars involved are still driveable, no one has been injured and the vehicle damage is estimated at less than $3,000, there is no legal obligation to report the accident to police.  That said the drivers of every vehicle involved in the accident must stop at the scene and exchange details, such as their names and addresses, the names and addresses of the owner of the vehicles if they differ from the driver’s, the registration number of the vehicles or any other information that could be used to identify the vehicles involved.  Failure by either party to exchange details means the accident must be reported to police for further investigation.

Even where there is no legal obligation to report an accident to police, because injuries from motor vehicle accidents can often manifest at a later time, it’s always recommended you report the accident to police and seek medical attention as soon as possible. It is important to be specific to police about what occurred and what injuries you may have suffered.  A CTP insurer will always source the police report and medical records when they come to assess a property or personal injury claim so for consistency your injuries noted in the police report may be compared to the injuries you want to claim.

If the accident has resulted in an injury or death, then the police and the CTP insurer should be advised of the claim.

If you are a passenger involved in a single or multiple vehicle accident, you can still make a claim for compensation even if the driver of the vehicle you were in is at fault. If the driver at fault is unregistered or unknown, then the claim can instead be made under the Nominal Defendant Scheme.

What do you need to know about applying for compensation in SA

The main changes after July 2013 relate to the threshold an injured person needs to satisfy in order to claim compensation for pain and suffering and loss of enjoyment of life, as well as future economic loss and past services provided to them by family members, such as cleaning and cooking or helping them shower or dress.

There are no thresholds to claims for past economic loss, the cost of future paid care, or the cost of medical treatment, rehabilitation, domestic assistance and travel costs. It should be noted, though, that you cannot claim the first seven days of economic loss after an accident (lost wages from being unable to work, for example) and any claim you make for past economic loss will be discounted by 20%.

Assessment of your injuries is made once they have reached “maximum medical improvement” (MMI). This means when your injuries have reached a point where they are unlikely to improve or decline substantially in the foreseeable future. Once you reach MMI, you can undergo an examination with an accredited specialist who will determine what category of injury you have suffered.  For example, the specialist may say you have suffered a severe ankle injury or a minor wrist injury.  These categories correspond with a range of numbers known as the ‘Injury Scale Value’ (ISV) range.  The objective of the Court and your lawyers is to determine where within those range of numbers your injury falls.

You must have an ISV of at least 11 to be entitled to any amount of compensation for non-economic loss (such as pain and suffering, or loss of enjoyment of life).

For future economic loss – the loss of your ability to continue to earn a living due to your injury – the ISV for your injury must be more than 7. There are some limited exceptions to that measure.

There are further thresholds for claiming the cost of past gratuitous personal care and domestic assistance provided by a partner or other family member. You need an ISV of at least 11 and to have been provided these voluntary services for at least six hours a week for at least six consecutive months.  Most importantly the services must be reasonably required by the injured person and necessary, in that if they were not provided the injured person would have to have paid someone to do them.

This can be a complex process requiring in-depth medical reports and lots of other evidence on the impacts of the accident. For this reason, consulting a legal professional with experience in the area of motor vehicle accident compensation as soon as possible after your motor vehicle accident is recommended.

For catastrophic injuries such as brain injury, paraplegia, quadriplegia, amputations, severe burns and blindness, SA’s Lifetime Support Scheme (LSS) is a regulated no-fault scheme that provides funding for treatment, care and support, even if you are at fault for a single vehicle accident.

What are the next steps?

You need to lodge a claim with the CTP Regulator within six months of the accident.

When the identity of the other vehicle is unknown then you must take reasonable steps to ascertain their identity, which may involve placing ads in local newspapers seeking witnesses.

Dealing with a CTP insurer can be a daunting process. It is in the insurer’s interest to minimise the amount of damages paid out which is why it makes sense to let an experienced compensation lawyer guide you through the process and ensure any settlement of your claim with an insurer is fair and reasonable. Remember that a settlement is a once and for all payment, and covers not only compensation for past losses, but also your entitlement to future losses.

Gajic Lawyers are specialists in motor vehicle accident injury claims with a proven track record. We have years of experience negotiating with CTP insurers on behalf of our clients, and will take steps to try and finalise your claim as quickly as possible. Get in touch with our Adelaide office on 1800 413 755 today for an obligation-free consultation about your case.

e-scooter lawyers

Who Could Be Liable for E-Scooter Accidents in Australia?

By | Motor Vehicle Accident Claims, Public Liability Claims

Legal liability will depend on who is at fault – the answer can be any of the following parties:

· E-scooter riders;

· Pedestrians;

· Motor vehicle drivers/riders or businesses owning these vehicles;

· Cities, councils or other responsible regulatory authorities/public corporations/agencies;

· E-scooter hire companies and/or manufacturers;

Many issues remain for Australia’s regulators to adequately address in light of the fact that e-scooters do not meet Australian Design/Safety Standards for road use. As such, e-scooters cannot be registered as motor vehicles and are not covered by Compulsory Third Party(CTP) insurance schemes.

Road use regulations vary across Australia, but in most states and territories e-scooters are banned from public roads and can only be used on private property.

Outside of current trials underway in Brisbane and Adelaide, strict penalties may be imposed on e-scooter riders who unilaterally acquire and ride e-scooters in public spaces (e.g. footpaths, parks etc.) in contravention of existing state laws and local council regulations.

It is important to keep abreast of regulations in your local area. (Read more about current regulations throughout Australia, HERE).

Australia’s city leaders and regulators appear to be taking a prudent approach and are cautiously undertaking trials of e-scooters. It is commendable that they haven’t permitted swarms of e-scooters being released on citizens and our crowded and bumpy footpaths. They have also limited maximum speeds to 20km/h during trials.

However, many important issues need to be resolved to prevent a cascade of legal liabilities, personal injury and economic loss for communities broadly. Prime concerns include:

· How will pedestrian and rider safety best be maximised?

· Will e-scooter riders be afforded the same treatment as bicycle riders and be permitted to use dedicated bicycle lanes? Or will dedicated e-scooter zones be regulated?

· Where and under what conditions is it reasonable to permit e-scooters to co-mingle with pedestrians?

· What speeds and other precautions are deemed safe for e-scooters around pedestrians? Current Australian trials have limited maximum e-scooter speeds to 20km/h.

· What safety induction training or perhaps even licensing is appropriate?

· What limitations will be optimal for e-scooter interaction with motor vehicle traffic?

No doubt, trials of e-scooters are designed to address these and an ocean of related issues by providing experience-based data for all stakeholders to mould better policy and safer scooting conditions.

Trial periods do not mean however, that people injured in e-scooter accidents should remain uncompensated data-points.

Gajic Lawyers is a specialised personal injury law firm, operating Australia-wide. We understand the nuances of complex personal injury claims arising from e-scooter injuries.

If you have been injured in an e-scooter accident in Brisbane or Adelaide (either as a rider or member of the public) , our lawyers can cut through the often confusing issues related to your e-scooter personal injury entitlements. For your peace of mind, we undertake to do so on a no-win, no-fee basis.

Talk to us at your earliest convenience, we can certainly assist in maximising your compensation potential.

“Gajic Lawyers, where personal injury compensation is treated as a fundamental human right.”

e-scooter accidents

E-Scooters in Australia

By | Motor Vehicle Accident Claims, Public Liability Claims

Trials of motorised foot scooters – e-scooters – are currently underway in Brisbane, Adelaide and parts of Victoria. City councils are conducting these trials in conjunction with licensed e-scooter hire companies. E-scooters are powered by electric motors, and appear to be favourably received by riders in these cities.

Councils in Sydney and Western Australia are also planning to implement public trials with e-scooter hire companies in the near future.

E-scooters are marketed as an efficient and environmentally-friendly means of transport for short journeys. They offer utility in terms of mobility, fuel-cost savings over cars, time efficiencies for day-to-day activities, and a fun recreational activity.

Recent US experience, where e-scooters have been released into communities en-masse, has been met with a mixed reception by communities and regulators. Some cities have banned the use of e-scooters due to safety and public nuisance issues.

Also, lawsuits are mounting throughout the USA for personal injuries, public nuisance, product liability and negligence claims. Some early and limited clinical research from various US emergency rooms indicates that the incidence of e-scooter related injuries is similar to bicycle injuries. E-scooter accidents imperil riders, pedestrians and motor vehicle drivers. Injuries can range from grazes, bruising, minor fractures, to debilitating incapacity and sadly, even death.

Current e-scooter trials in Brisbane and Adelaide are demonstrating that danger lurks in many places and unexpected encounters. Here also, e-scooter riders, pedestrians and even other road users are suffering debilitating physical injuries and economic losses as a result of e-scooter related accidents.

Injury and losses are being caused by many factors including:

· Road hazards poorly maintained riding surfaces and chaotic environments (such as around construction sites);

· Panic stopping attempts by riders;

· Not wearing safety equipment;

· Poor visibility, insufficient traffic management or signage;

· Reckless behaviour of riders, other road users and pedestrians;

· Poorly maintained or faulty e-scooters;

These factors raise many important questions for the public at large, including:

· Where do you turn for relief if you are injured as an e-scooter rider in an accident?

· What if you suffer injuries and you lose your capacity for work and incur burdensome medical treatment and rehabilitation expenses?

· Who is liable for injuries that you as a pedestrian, or your loved-ones, suffer as a result of an e-scooter rider colliding with you in a busy pedestrian zone?

· Where do you turn for relief if you are injured in a “scoot and run” scenario?

· What if you are driving your motor vehicle and swerve to avoid a panicked e-scooter rider careening out of control in front of your vehicle? You may have successfully managed to avoid hitting them, but are injured as a result of colliding with other vehicles -what then?

· What recourse is available to you if the e-scooter you were riding suddenly loses a wheel, or the brakes fail and you are injured and cannot work as a result for extended periods of time?

· What do you do if you are riding an e-scooter in a designated area and sustain injuries and economic losses as a result of poorly maintained surfaces or as a result of encountering chaotic riding environments that weren’t supervised or controlled appropriately?

· Are E-scooter hire companies attempting to minimise their liability with unfair contractual clauses in their hire agreements?

· How do you, or your loved ones recover losses?

These are just a sample of pressing issues for e-scooter riders, pedestrians and motor vehicle drivers alike. Answers to the above questions are not always straightforward, particularly in these early e-scooter trials in Australia.

Gajic Lawyers is a specialised personal injury law firm, operating Australia-wide. We understand the nuances of complex personal injury claims arising from e-scooter injuries.

If you have been injured in an e-scooter accident in Brisbane or Adelaide (either as a rider, a motor vehicle driver or member of the public) , our lawyers can cut through the often confusing issues related to your e-scooter personal injury entitlements.

For your peace of mind, we undertake to do so on a no-win, no-fee basis.

 

mva claim nsw

What to Do When Making a Motor Vehicle Accident Compensation Claim in New South Wales

By | Motor Vehicle Accident Claims

Vehicle accidents happen every day and therefore comprise some of the most frequent types of legal claim made throughout the world. And while the frequency of car accidents might suggest related claims are a bit more cut-and-dried than other legal claims, this is unfortunately not the case.

Even when you were not the party to blame for the accident, there are still several steps you must take, time limits you need to be aware of, and requirements you need to adhere to in order to make a claim. If you don’t you can damage your claim or even bar yourself from making it.

Below are some of the steps people need to take when making a claim for motor accident compensation.

  1. Seek medical attention: First and foremost, you need to take care of yourself and the best way to do that is to see a medical professional, even if your injuries seem minor or even nonexistent. Some of the most serious injuries, like concussions, whiplash, spine and neck injuries, initially present with few or no symptoms but can worsen significantly over time, especially if left untreated. Secondly, you will want to establish the costs of these injuries. By receiving medical attention, you are establishing the history, severity and cost of treating those injuries. This is your proof of the financial toll of the accident on you.
  2. Report the accident to the police immediately: Whether it’s a small fender bender or a huge crash, accidents will need to be reported to the police within 28 days in order for you to be able to file a claim. Sometimes you may want to take the time to determine whether the accident caused enough damage to justify the claims process, but it is imperative to not wait too long and miss that 28-day window or you risk complications when filing.
  3. Send the claim to the insurer within three months of the accident: The Motor Accident Injuries Act 2017 (NSW) that came into effect in December 2017 changed the time frame in which a Motor Accident Personal Injury Claim Form needs to be sent to the insurer from six months to three months. You can determine the insurer of the at-fault vehicle by contacting the Motor Accident Authority. It should be noted that if the claim form is not served within 28 days, then the injured person is not entitled to weekly benefits for any period prior to service of the claim form.

If you are off work and missing out on earnings because of an injury sustained in a motor accident, you may be entitled to income support payments which will be a percentage of your pre-accident earnings. For the first 13 weeks the maximum is 95 per cent and after 14 weeks, the maximum is 85 per cent (depending on whether you have total or partial loss of earning capacity).

After six months your income support payments will end if you were at fault or mostly at fault in causing the accident, or your injuries are assessed as ‘minor’. The legislation defines a minor injury as a soft tissue injury, such as whiplash, or a minor psychiatric or psychological injury, such as changes in mood and behaviour due to involvement in, or witnessing the accident.

  1. Retain the services of a lawyer: The claims process is complicated, stressful, and can be overwhelming to those without experience. In the aftermath of an accident, you should be focused on healing, not whether or not you’ve missed your filing deadline. An experienced lawyer will be familiar with the ins and outs of the claims process and will alleviate some of the stress of the experience by taking care of everything. More importantly, a lawyer will be able to coach you in how to talk to the insurance investigator who will be determining fault and ultimately how much compensation you are entitled to.
  2. Choose the ‘right’ lawyer: When deciding who you want to represent you, you should consider their experience, the type of law that they practise, their reputation in the community, and the way that they communicate with you. Your lawyer should be transparent about their fees and should be able to communicate in a way that works for you.

Gajic Lawyers are specialists in personal injury, with diverse experience in motor accident claims, public liability claim, medical negligence and more. If you have suffered because of an incident involving a motor vehicle, we can help you claim the compensation to which you’re entitled. Call us to assess your case today at 1800 413 755.

Injured on a Bicycle WA

Injured on a Bicycle in Western Australia. Can I Claim Compensation?

By | Motor Vehicle Accident Claims

As people across the globe become more ecologically conscious, many are opting to ride their bike instead of driving a car to help reduce their carbon footprint. Others ride for recreation and the joy of flying down the open road.

While biking is excellent for the environment and your health, it’s an activity that does carry the risk of significant injury to the rider. If you’re a cyclist who finds themselves injured in an accident with a negligent motor vehicle, do you know what types of compensation you might be entitled to?

How can I protect myself on the road?

The most important step you can take to ensure your own safety is to observe all of the rules of the road. You should also make sure to wear protective gear, such as helmets or padding. While it may not provide as much protection as you would like, something is better than nothing in the case of impact with either the road or a motor vehicle.

What can I claim?

If you are a cyclist who is injured in an accident with a negligent motor vehicle in WA, there are a number of different types of compensation that you may be able to claim depending upon the unique circumstances of the incident. These can include pain and suffering; past and future lost wages; loss of future earning capacity; past and future medical expenses; the cost of rehabilitation; and economic damages (cost of the damage caused to your biking equipment).

Under Western Australia’s CTP scheme, any third party injured or killed as a result of the negligent driving of a WA-registered motor vehicle is entitled to compensation payments for personal injury suffered, subject to certain statutory thresholds. For cyclists, compensation is paid only if the driver is fully or partly at fault in a motor vehicle accident with the cyclist. The cyclist’s compensation own contributory negligence in causing the accident (if any) is also taken into account.

It’s important to note that the CTP insurance policy only covers personal injury. It does not provide any cover for damage to motor vehicles or property (including bicycles or personal items).

Injured cyclists can also make a claim even if the offending vehicle cannot be identified or is unknown – such as in a hit-and-run situation.

How much will I receive in compensation for my injuries?

The greater the fault of the other driver, the more serious your injuries, and the less culpable you are in your own accident, the more compensation you are likely to be awarded.

The damages that you try and claim must be related to, or caused by, the accident to qualify. It is important that you save all receipts, medical bills, prescription orders, and insurance claims during this time to prove the amount of your damages. You should also document your injuries by taking pictures of  yourself at various stages of recovery.

What other claims might I be entitled to?

If your cycling injury occurs in a public place as a result of the conditions at that location (such as an uneven pathway), you may be entitled to file a public liability claim.

A professionally trained lawyer will be able to advise you as to the claim’s likelihood of success, ensure all claim elements are submitted on time, and alleviate some of the stress involved in making a claim, allowing you to focus on what matters most: getting better.

Gajic Lawyers are specialists in personal injury, with diverse experience in claims related to motor accidents and public liability. If you’re a cyclist who has been injured in an incident with a motor vehicle, or gone over the handlebars in a public area and are unsure of your rights, get in touch with our Perth office on 1800 413 755 today to have your case assessed today.

public liability claim

What to Do If You Have Been Injured in a Public Place

By | Public Liability Claims

Taking a fall is never fun. Tripping, slipping or falling in public can be downright embarrassing. If you’re lucky, you’ll end up with nothing more than a case of injured pride. If you’re not so fortunate, you may end up badly bruised, or with a fracture, a concussion or worse. You may have legal recourse, however, if you have sustained significant injuries as the result of such a fall. Here’s what you need to know about making a public liability claim.

Be proactive

Clearly your wellbeing after a fall should be your first priority. Having said that, you should report the incident as soon as you can. If at all possible you should report the incident immediately because if you leave without doing so, the hazard that caused your fall may be cleaned up or removed and the scene won’t be documented properly.

Of course, the specific circumstances will dictate whom you tell but in general it should be someone in authority at the site where you fell. This person should take a detailed account of what happened, noting the:

  • Date, time and specific location of the incident;
  • specific cause of the accident (such as a wet floor);
  • the type of injury you’ve sustained.

Don’t forget to request a copy of the report for your records.

Next, be sure to get prompt medical attention, even if you’ve only sustained a ‘minor’ injury. By doing so, you’ll have another source of documentation for your case. You can request medical reports from your personal physician or the emergency room doctor who treats you, along with any scan or x-ray results. These will serve as a valuable source of information about the extent of your injuries, prognosis and recovery. These will also serve as proof that the injury was a direct result of the fall, and not a preexisting injury.

If at all possible, either you or someone with you should photograph the accident scene, including the hazard before it is removed. Photographs of your injuries taken immediately or soon after the accident can also be used as evidence to support your claim.

You can also bolster your claim by:

  • Getting the names and contact information of any witnesses;
  • obtaining video footage of the accident (if any) from nearby security cameras;
  • keeping track of relevant medical expenses.

When to seek legal advice

Legally, the owners and operators of public property and facilities must take reasonable precautions to protect users or visitors from accidental injury. This means that they must remove or correct any known hazards as soon as possible. Alternatively, they must provide adequate warning of such hazards pending correction or removal.

If you believe that a failure to exercise these precautions led to your injury, you should contact an experienced personal injury/public liability claims lawyer to discuss your legal options. For example, you should contact us if you were injured on or by:

  • Slippery Floors: When a hazard (a spilled liquid) hasn’t been removed or there is inadequate warning about such a hazard.
  • Doors: Defective, broken or malfunctioning doors and passageways.
  • Obstructions: Including but not limited to pallets, boxes, produce or missing/improperly placed entry and exit mats.
  • Escalator or shopping trolley mishaps.
  • Other: You may still have a case even if you were injured in an accident in a public place but the circumstances don’t match any we’ve described.

How we can help

If you were injured in a public place, you may be able to seek compensation for damages such as lost income due to the inability to work; pain and suffering; medical expenses; rehabilitation; and loss of life quality and assistance provided by family members.

At Gajic Lawyers, our personal injury/public liability claims team has the skills and experience needed to assess the specific circumstances of your case. In fact, we have prevailed in numerous public liability claims over 30 years. Based on our evaluation, we can determine whether you have a viable case, and if you do, you won’t be responsible for any fees unless we win. Contact us to arrange an obligation-free chat with one of our lawyers today.