Personal Injury Law
Kanoon Law Group provides representation for those involved in motor vehicle accidents, injuries suffered at work, accidents suffered on public or private property.
Our principal can assist you with legal advice and representation through all stages of the matter – from assessing the amount of personal injury compensation you are entitled to and lodgement of your personal injury claim, to guiding you to reach settlement.
Due to the complicated laws and strict time limits on lodging personal claims, contact our principal right away to organise a consultation.
Motor Vehicle specific information
Stage 1 “Lodging a claim”
A claim must be submitted as soon as possible after an accident to ensure your rights are protected. An injured person who submits a claim will generally have an entitlement to have all rehabilitation (including surgery) paid for by the at fault CTP insurer. There are time frames involved to submit your claim and we suggest you give Kanoon Law Group a call to discuss and advise you further.
Stage 2 – “The Rehabilitation Phase”
This stage usually covers the period from the date of the car accident until 12 months post-accident. During this stage the injured person usually undergoes treatment and rehabilitation for their injuries. The at fault driver through his insurer (CTP) has the responsibility to pay for any reasonable rehabilitation that a car accident claimant requires.
Stage 3 – “The Medico-legal Phase”
When your injuries have stabilised then medical reports are often gathered from your treating medical practitioners and usually experienced medico-legal doctors are asked to provide an assessment about your injuries.
Stage 4 – “Compulsory Conference”
A Compulsory conference is usually the first negotiation attempt to settle the case and receive compensation for your injuries.
Stage 5 – “Issuing Legal Proceedings and Trial”
This stage occurs if your claim cannot be settled at a compulsory conference. Often the cases that do progress to trial are the cases where there is a dispute about who caused the accident. Most claims are settled at the conference, but if not then you may decide to file the matter in court. It may be that the CTP insurance company do not offer enough compensation at the compulsory conference stage and your legal advisor advises you that you have a good chance to succeed at a trial.
Work Place Injury specific information
If you have been involved in an accident at work you should report the incident to your boss or workplace supervisor as soon as possible and then see a doctor and receive medical treatment.
Provided your work significantly contributed to your injury you have rights to WorkCover. You can contact WorkCover direct on 1300 362 128 to make a claim for weekly benefits and payment of medical expenses.
You must see your doctor and get a WorkCover medical certificate completed and forward that certificate to WorkCover directly.
Generally while you are medically certified as unable to work you will receive weekly wages and travel, medical and rehabilitation expenses. The amount of weekly benefit may not equal your last pay packet. Once your injury is stabilised, WorkCover may have you assessed and offer you a lump sum for your work related permanent impairment.
At this stage you are highly urged to get legal advice. If you accept a lump sum offer you may forever lose your rights to make a common law claim for damages. Therefore, we strongly suggest you not accept a WorkCover offer without receiving legal advice first.
A common law damage claim is a law case which attempts to recover monetary compensation further to what was provided by WorkCover’s statutory benefits. Your case will need to show that your employer was negligent – they breached a duty of care owed to you as a worker.
Public Liability Injury specific information
A personal injury or public liability accident can happen on public or private property (other than work or in a car accident) .
If you are injured in a public place (for example parks, rental properties, shopping centres etc), you may suffer injuries which can affect your work and quality of life.
To start your claim we will be required to send a Notice of Claim to the person who is considered at fault for your injuries. There is a 1 month time frame from when you must serve them from the date you first consulted your lawyer. If you haven’t consulted a lawyer yet, you must serve the form within 9 months of the date of accident.
The public liability insurer for the person or entity at fault then has 6 months to investigate the claim before any decisions need to be made about them accepting liability. Once your injuries have stablished, you will then be assessed by doctors for medicolegal purposes to support the claim.