My insurer doesn’t want to pay part of my personal injury claim because they believe I have some ‘residual earning capacity’, the problem is that there aren’t any local job opportunities. Can the insurance company refuse to compensate me because of this?

If you seek compensation for a personal injury, one of the key factors in determining quantum (the dollar figure amount of compensation) is your ability to obtain other work, whether it be in your pre-injury type role or otherwise. This is known as “residual earning capacity” and it refers specifically to your personal capabilities in […]

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I’ve just been involved in a motor vehicle accident – what should I keep a record of?

Being in involved in a motor vehicle accident can be a terrifying and stressful experience. If you are able and can safely do so, recording as much information about how the accident occurred and its consequences, will be beneficial long term. Records to keep after a motor vehicle accident… Consider the following: Photograph and/or video record […]

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I was a passenger in a car accident with a drunk driver, will this affect my personal injury claim?

Drunk driving poses serious risks for the driver, their passengers, other motorists, cyclists and pedestrians alike. If you are a passenger who sustained injuries in a motor vehicle accident where a drunk driver was involved, you can lodge a claim against the driver at fault. Should your claim be accepted, you may receive rehabilitation for […]

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Fatal claims: I have lost a loved one due to an accident. Where to from here?

When a person dies as a consequence of a motor vehicle accident, assault, medical negligence, accident in a public place, work-related event or latent onset of an injury, ‘fatal claims’ (aka ‘death dependency claims’) can be made by their family or dependents. The legislation surrounding fatal claims Part 10 Civil Proceedings Act 2011 (Qld) and section 66 Succession […]

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Construction injury and the risks associated with manual labour

Construction injury is a common occurrence here in Australia. The most recent Australian Workers’ Compensation Statistics provided by Safe Work Australia, show that labourers and people in the construction industry have the highest incident rates for serious workplace injury claims by occupation, followed by community and personal service workers, and then machinery operators and drivers. […]

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Should I consider representing myself or consulting with a compensation lawyer?

Self-representation is always an option through personal injury claims. Engaging a Compensation Lawyer can be costly, and you need to take that into account when you are considering which option is best for you. Most of the time, a compensation lawyer will offer you a free initial consultation. This is definitely something you should take advantage of because: (a) the […]

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