When a person is injured and considering whether or not to make a claim for compensation, it can be very difficult to understand what type of personal injury claim they should make. Personal injury claims involve complex legal concepts and jargon, which make the whole process even more confusing.
When someone is successful with their personal injury claim and receives compensation, there are certain amounts that may need to be taken out of the settlement or paid back by the claimant. Examples of this include NDIS payments, Medicare payments, and income protection insurance and private health insurance payments.
When parties involved in a personal injury claim finally reach an agreement to settle, it can be a big relief for the injured person. However, although a bulk of the “heavy lifting” is over, there are still a few processes that need to be completed until the settlement funds can be paid to the claimant.
In 2021, our team members, Luke Ingham-Myers and Ashleigh Shea undertook training with Mental First Aid Australia to become accredited Mental Health First Aiders. Learn more about how this helps us deliver our services to clients going through some of the most difficult periods of their lives.
When an abuse survivor contacts us about the possibility of recovering compensation due to sexual, physical and/or psychological abuse at school, they often think they’ll be suing the individual teacher or staff member who abused them. In fact, historical abuse survivors will actually sue the school and not the teacher or staff member personally.
It can sometimes be overwhelming when you first engage a personal injury lawyer, just how much information they require. It’s helpful to understand what information your lawyer will seek early on in your personal injury claim.
Many institutions responsible for perpetrating child abuse are trying to escape the need to provide justice through compensation to those survivors. One way they are doing this is by asking the Court to effectively ‘throw out’ a survivor’s legitimate claim. But one survivor, ‘GLJ’, decided enough was enough and, in early July 2023, took her case against the Catholic Church to the High Court of Australia.
Joanne Willmot, a survivor of child sexual and physical abuse, brought a claim for compensation against the State of Queensland, due to abuse as a minor in the late 1950’s and 1960’s. The matter went to the Supreme Court which ordered a permanent stay of proceedings. An appeal saw that original decision upheld.
Many survivors of child sexual abuse will choose to pursue a common law claim as it does not have a maximum limit on the damages that could be paid. There is also no time limit on lodging a common law claim due to child sexual abuse.
The National Redress Scheme was set up by the Federal Government to provide compensation and other redress initiatives to survivors of institutional child sexual abuse. In this article, we look at how the National Redress Scheme works and the compensation and other benefits available under the scheme.
Medicare refunds are amounts taken out of personal injury compensation to pay back Medicare for any financial assistance they provided after your injury. It’s important to understand when you will be required to pay back Medicare (or another entity) once you settle your claim.