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Facts Ms Crawford sustained injuries as a result of a motor vehicle accident in December 2007. She commenced a claim under the Motor Accident Insurance Act 1994 (Qld) in February 2008 against the other party’s insurance company, RACQ Insurance. Due to significant delays in the progression of her claim, Ms Crawford sought an extension of the three […]
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Miss Al Ali was 12 when, walking on a footpath with her cousin, a vehicle suddenly mounted onto the footpath and struck her cousin causing fatal injuries. Miss Al Ali later developed Post Traumatic Stress Disorder (“PTSD”), a psychiatric injury, with dissociative symptoms, from bearing witness to the horrific incident. She was awarded compensation for psychiatric […]
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In the case of Ingersole v Nancarrow & Anor [2016] QDC 315 the District Courts decision illustrates the application of s55 (3) of the Civil Liability Act 2003 (Qld) where earnings cannot be precisely calculated for personal injuries. Facts The Plaintiff was involved in a motor vehicle accident with the first defendant where his vehicle […]
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At the age of 19 years old, as a young driver on my Provisional (P-Plate) License, I was involved in my first car accident. I was stopped at a red light when the car behind me, to put it simply – failed to stop. Following the collision, we both drove slowly to a clear space […]
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BACKGROUND Ms Karen Foster was a bus driver who suffered significant injuries when the defendant lost control of his car and a drove into her bus while she was on shift. Her injuries were typical of “whiplash” – neck and back pain that restricted her range of movement and impacted her daily life, as well […]
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Thuong v Liu & Anor [2017] QDC 196 is a recent Queensland District court decision where liability had been established and the calculation of damages for past economic loss and future earning capacity was in dispute. The incident Mr Thuong (“the plaintiff”) was driving his vehicle on Padstow Road, Eight Mile Plains when his vehicle […]
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Sabidussi v Young & Anor [2017] QDC 146 is a recent Queensland District Court decision that examines the considerations in play when economic loss cannot be definitively identified. The incident Ms Sabidussi (“the plaintiff”), was a front seat passenger in a vehicle driven by friend Ms Raines driving north along David Low Way when the […]
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The recent Supreme Court decision of Capitan v Wosomo & Anor [2017] QSC 86 highlights important principals relating to assessing liability in relation to dangerous recreational activities involving criminal undertakings. Facts The plaintiff and the defendant were both involved in a car crash that permanently debilitated the defendant whom was a front seat passenger […]
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In the matter of AAI Limited & Anor v Marinkovic the appeal court decided that even where a claimant’s previous tax returns were fraudulent or dishonest, this does not prevent the court from determining the claimant’s loss of earning capacity using other evidence at hand, for the purposes of awarding appropriate compensation. Facts Mr Marinkovic […]
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Smith v Randall[1] considers how the Court apportions liability in light of two drivers who were found guilty of contributory negligence. The Court explained that apportionment of liability between the two parties involves a ‘comparison of both culpability, that is the degree of departure from the standard of care required of the driver, and of the […]
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