PERSONAL INJURY

NO WIN NO FEE

If you have been injured due to someone else’s negligence then you have come to the right place! Depending on your situation, you may be entitled to claim compensation for all your medical expenses as a result of the injury you sustained as well as any past and future economic loss plus a potential figure on the hindrance this accident has had on your enjoyment of life ie no longer able to play footy with your kids or lift weights in the gym.

What is personal injury?

Personal injury entails any physical or psychological damage that you have suffered as a result of another individual or responsible party’s faults or negligence. While a personal injury can be seemingly minor, it’s crucial for you to be acquainted with the injury law, since you may be entitled to personal injury compensation.

Personal injury claims are the most common types of claims in Australia.

The most common types of personal injury claims arise from the following situations:

  1. Motor vehicle accidents
  2. Workers’ compensation or work-related injuries 
  3. Medical Negligence 
  4. Public Liability or accidents in a public space  

When Do I Contact a Personal Injury Lawyer?

It is always important to contact us and book in an obligation free initial consultation as soon as you are made aware of any injury that you have incurred directly or indirectly from the result of an accident and/or negligence. This is primarily due to the fact that certain Personal Injury claims must be placed within certain timeframes known as limitation periods. Our initial personal injury consultation will give us a starting point to establish information we need to establish liability, injury and ensure your claim has a high chance of success. 

 

How do I prove pain and suffering?

Pain and suffering are proved by medical evidence that is clinical notes and reports from treating doctors, diagnostic imaging reports (x-rays, MRIs, CT scans) as well as obtaining reports from doctors who are authorised to comment of the degree of impairment. 

The maximum amount of compensation that can be awarded for pain and suffering is $521,000.

Can I make an additional claim with my Superannuation insurance?

Definitely. If you are unable to work in your occupation as a result of the accident, then we will compile a TPD claim with each of your superannuation providers with whom you are insured.

TPD is different from regular personal injury claims as the entitlements are awarded by the superannuation fund. TPD is an insurance cover that most superannuation funds provide to their clients. 

To be eligible to claim for TPD;

  • you must have suffered an injury or illness 
  • this injury or illness is the reason that you have ceased work 
  • you have not been working for the past 3 months 
  • you are unable to return to your usual occupation 

Though you can lodge a claim for compensation on your own; it is important to seek legal advice from a personal injury lawyer who will ensure the best approach is taken for your matter and maximise your damages. 

Personal injury cases are taken on by our firm on a no win no fee basis. This means that if we do not win; we will not charge you for the work. Our legal fees are only payable upon the successful completion of your matter.

 

What are the most common types of Personal Injury Claims?

The major types of personal injury claims are as follows:

 

If you have sustained injury in an accident through no fault of your own, either physical and/or psychiatric in nature, you may be entitled to make a claim.

Car and other motorised vehicle accidents are an everyday occurrence in every Australian state, and therefore there are strict rules and regulations governing compensations for victims of such accidents. 

You will need to speak to a personal injury lawyer at Jameson Law to establish whether your injuries will entitle you to a compensation claim. 

Lawyers at Jameson law will assist you in your personal injury claim if you have been injured as a result of a car accident which occurred in NSW, QLD, VIC and the ACT.

 

READ MORE ON MOTOR VEHICLE ACCIDENTS >

Employers are bound by the law to provide a safe working environment to their employees, to take all precautions to eliminate risks and prevent injury. 

If an employee has been injured at work, they have entitlements to claim for personal injury compensation. 

Worker’s compensation also covers dust injury claims for example asbestosis which is a disease caused by the inhalation of asbestos fibres for an extended period of time.  

Public places such as shopping centres, schools, supermarkets and roads ought to be safe for all people. Owners and/or people responsible for public places must take all necessary actions to ensure that their patrons are not at risk of sustaining an injury or harm. 

If you have been involved in an accident in a public place, you should contact our law firm to speak to a personal injury lawyer as soon as practical.

Personal injury law is established to compensate the injured person for medical treatment and expenses, loss of income and pain and suffering resulting. Public liability claims encompass a wide variety of circumstances in the Australian law, the most recurrent being personal injury claims and negligence. Therefore, if you suffered an injury in a public area as an immediate result of someone else’s actions, book an initial personal injury consultation to determine whether a claim for compensation under public liability will be the right path to take.

Every health professional such as a GP, surgeon or a dentist has a duty of care towards their patients. Medical malpractice is when a medical professional breaches their duty of care and causes injury or harm to their patient through an act or an omission of an act- that is a failure to do something. Once it is established that duty of care has been breached; this gives rise to claim for compensation. 

Medical negligence is one of the most serious claims under the injury law, yet medical malpractice regrettably remains common. Since its repercussions can significantly alter both one’s health and life, don’t hesitate to approach us for legal advice and compensation claim possibilities.

The Australian law provides a detailed compensation scheme for those who suffered institutional sexual abuse, along with civil claims against the perpetrators for pain and trauma. Due to the claims’ sensitive nature, time limits are of the essence. If you’re a survivor, reach out to us as soon as you can and book in an initial consultation.

The Australian law protects consumers against faulty products by imposing a duty of care on companies to produce faulty-free products.

We can make a personal injury claim on your behalf under product liability in the case of defective components, machinery, or vehicles, hazardous chemical products or pharmaceuticals, faulty goods, electronics, or appliances, and medical devices or implants which don’t perform their functions and instead cause personal injury.

If you’ve encountered a similar situation, our team can provide you with adequate legal advice to proceed with your compensation claim.

STEP 1

Service of Court Attendance Notice

This is where police serve you with a Court Attendance Notice (CAN). This may be done at the police station if you are detained, or at your home.

STEP 1

STEP 2

First Court Mention

The Court Attendance Notice will indicate the date, time and Court that you need to attend. This can be found at the top of the first page of your Court Attendance Notice. Your matter will be listed for mention before a Magistrate at which time, you can elect to either:

1. Adjourn the matter to obtain legal advice if you have not already done so in which case your matter will be listed on another day for mention; or

2. Enter a plea of guilty or not guilty. Note: entering a plea of guilty means that you admit that you are guilty of the charge although you may not agree with everything written in the police facts. Entering a plea of not guilty means you do not admit to the charge. The matter will be adjourned to another day for hearing if you plead not guilty or sentencing may be done on the spot for summary offences if you enter a plea of guilty.

If your matter is considered an indictable offence, it may be necessary to move the matter to the District Court or the Supreme Court depending on the severity of the offence. In saying that section 475A of the Crimes Act 1900 provides that the Supreme Court can also hear summary offences of conspiracy to cheat and defraud:

…proceedings for any offence mentioned in Schedule 10 may, pursuant to Part 5 of Chapter 4 of the Criminal Procedure Act 1986 by the Attorney-General or the Director of Public Prosecutions, be taken before the Supreme Court in its summary jurisdiction.

STEP 2

STEP 3

Second Court Attendance or Hearing

If you adjourned your matter at the first mention, it is expected that you have either sought legal representation or advice and will enter a plea at that time. You must elect whether to enter a plea of guilty or not guilty.  The matter will be adjourned to another day for hearing if your plead not guilty or sentencing may be done on the spot for summary offences if you enter a plea of guilty.

If you entered a plea of not guilty at the first mention, your matter will be heard by a judge on that day and you will receive a verdict/conviction on that day. Depending on the severity of the offence, the hearing may go on for a number of days. The police would have served your Solicitor with the Police brief which sets out all the criminal investigation conducted and evidence they have in your matter. Your Solicitor would also have advised the Police which if any witnesses they will required to attend the hearing. 

It is highly recommended that you have legal representation if your matter is proceeding to a hearing.

STEP 3

STEP 4

Representations

If you enter a plea of guilty, you are entitled to make representations to the police to drop some or all charges based on lack of evidence or overcharging. If you bring on a Solicitor early in your case, they are able to do this early on and try to get some or all charges dropped before you get to this stage.

STEP 4

STEP 5

Hearing

Your matter will be heard and you will receive a verdict on the last day of your hearing/trial. Generally speaking, you will be called to give evidence in the witness box along with any other witnesses in the matter.

STEP 5

STEP 6

Court of Appeal

If you are dissatisfied with the Outcome, speak to a Solicitor about your prospects of filing an appeal in the Court of Appeal.

STEP 6

Frequently Asked Questions.

Our lawyers cover a multitude of areas, including more serious offences. Including but not limited to:

Family Violence
Family violence is among the most common cases we encounter, with both men and women subject to institutional abuse. While it doesn’t necessarily entail sexual abuse, in many cases, it does, and sexual assault is part of the Criminal Code. We handle such cases with confidentiality and cautiousness to ensure the best possible compensation outcomes.

Children-related Issues
The children’s court is frequently confronted with issues of child protection, children’s rights, custody arrangements as a result of divorce, parental responsibilities, and more.

Because we understand how far the impacts of such situations can go in the memories of children, we work rapidly and efficiently to establish protective measures against children’s trauma and minimize time spent in a children’s court. You and your children are fully protected with us!

Drugs
We have a track record of achieving outstanding results when it comes to drug offence charges, ranging from demolishing the possibility of a criminal conviction, dropping charges through negotiations, securing “not guilty” verdicts in court trials, and more.

Our drug offences include commercial drug charges, drug importation charges, drug possession charges, and cultivating prohibited plant charges. We also work with minor possessions of prohibited drug offences, providing you with legal representation throughout the process!

Fraud

Fraud is considered one of the most scheming criminal offences, and accordingly, it is punished severely by the court system’s penal code and criminal code. As specified by Australia’s penal code, the penalties can go as high as ten years of imprisonment.

Accordingly, understanding the criminal law adequately and reaching out for professional legal advice to be your intermediary with the criminal justice system is a must. We specialize in forgery, identity crimes, tax fraud, Medicare fraud, and ID fraud.

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