Compensation Claims

Monday, October 19, 2015

Word or PhraseDescription
Car Accident / Motor Vehicle AccidentReference to area of law.
CompensationOutcome in negligence action for damages.
Compulsory ConferenceAfter the parties have completed their investigations (as to the cause of the incident and the loss/injury suffered by the injured claimant) they will meet in an attempt to resolve the matter.  Each party is granted the opportunity to present submissions as to their case.  After each party has had the opportunity to provide submissions, they will engage in settlement negotiations to try and resolve the matter.
Duty of careAspect of negligence commonly wielded by layman without full understanding as to meaning.
EmploymentIf you have suffered injuries in your workplace, you may be entitled to make a claim for compensation.
ExpertsAn injury claim may require your solicitor to seek evidence from a variety of experts in order to substantiate the cause of the incident or the loss/injured you have suffered.  Most commonly, expert evidence is provided by medical specialists as to the cause, diagnosis and severity of the injuries suffered by an injured claimant.  Expert opinion may also be sought from non-medical experts to help understand the circumstances of the incident.  For example, evidence may be sought from a mechanical engineer to explain how a machine has malfunctioned causing injuries to the injured claimant.  In some matters, an expert security opinion may be required to determine whether the use of force by a security guard or police officer was excessive.  In certain circumstances, a forensic accountant may be briefed to provide evidence on the economic loss suffered by the claimant since the incident.
Income ProtectionIncome protection insurance provides an injured worker with ongoing payments whilst they are incapacitated to work due to injury or illness.  If you have an income protection policy (through a private insurance provider or your superannuation fund) Quinn & Scattini Lawyers may be able to help you access these payments.
Independent Medical AssessmentOnce your injury has stabilised, you will be required to undergo medico-legal assessment by each party’s chosen expert.  These experts will be independent from you, in that they have never previously provided you with medical treatment.  These experts will conduct a (face to face) consultation with you in order to obtain your instructions as to the incident and your ongoing symptoms.  They may also require you to undergo further investigations to determine your diagnosis such as an MRI or X-Ray.  Common medico-legal experts include orthopaedic specialist, neurologist, neurosurgeon and psychiatrist.
Injury/InjuriesInjury.
Liability

In order to succeed in a personal injury claim, an injured claimant must prove:

  • that the person or company at fault owed them a duty of care (that is, that there existed a relationship which required them to take reasonable care for the claimant’s safety)
  • the person or company breached that duty of care, and
  • the injured claimant suffered loss and injury.
Medical NegligenceMedical negligence (also known as malpractice or health law) is an area that encompasses injuries suffered as a direct result of a medical facility or treating practitioner.  If a treating practitioner fails to utilise reasonable care or skill during the treatment of your injuries then you may be entitled to make a claim for compensation.
MitigationThe legislation and the courts require an injured claimant to take all reasonable steps to recover from their injuries and return to their normal activities (such as work) as soon as is practicable.
Motor accident

If you have suffered injuries as a result of a motor vehicle accident, you may be entitled to pursue a claim for compensation.  Motor vehicle accidents encompass a number of different circumstances.

You may be entitled to pursue compensation if you have suffered injuries whilst you are:

  • the driver or passenger of a vehicle,
  • the driver or passenger of a motorbike,
  • a cyclist,
  • a pedestrian, and
  • travelling on public transport.
NegligenceArea of law.
No Win No FeeFully speculative retainer.
Notice of Accident Claim FormThe Notice of Accident Claim Form is the initiating claim form in the motor vehicle claims process. The claim form seeks details as to the incident, its causes for same and the injuries sustained by the claimant.
Notice of Claim for DamagesThe Notice of Claim for Damages is the initiating claim form in the employment claims process. The claim form seeks details as to the incident, its causes and the loss and injury suffered by the claimant.
Part 1 Notice of Claim FormThe Part 1 Notice of Claim Form is the initiating claim form in the public liability claims process. The claim form seeks details as to the incident, its causes for same and the injuries sustained by the claimant.
Personal InjuryArea of law.
Public liability

Public liability claims arise when individuals have suffered injuries in a public place.  Public liability claims encompasses a number of different circumstances. 

Examples of circumstances that may entitle you to pursue a public liability claim, include:

  • injuries arising in a park or other public place (from a slip, trip or fall),
  • injuries arising in a rental premises,
  • recreational and sporting injuries (jet-ski and diving accidents),
  • injuries sustained from an animal (dog attack or horse riding accident),
  • injuries suffered at school, and
  • physical and/or sexual assaults.
Quantum

Quantum relates to the damages (or compensation) that an injured claimant is entitled to receive at the successful resolution of their injury claim.  The quantum of a claim is determined on a case-by-case basis having regard to the evidence (regarding the cause of the incident and the loss/injury suffered by the claimant).

Injured claimants are generally entitled to claim compensation for:

  • past and future medical expenses,
  • past and future loss of earnings,
  • pain and suffering as well as loss of enjoyment of life, and
  • care and help provided by friends, family or any other individual.
In the majority of cases, the parties will attempt to place a monetary value on the gap between your life path before and after you suffered the injuries.
RehabilitationRehabilitation describes specialised healthcare that is dedicated to improving, maintaining and/or restoring an individual’s strength, cognition and mobility.  Rehabilitation aids people in gaining greater independence after they have suffered injury, illness or surgery.  In certain claims, the defendant (or the party at fault for the incident) will be obligated to fund an injured claimant’s rehabilitation.
Slip and fallReference to area of law – public liability claims.
Superannuation / Insurance claimsIf you’re unable to work due to illness or disability, you may be entitled to financial benefits through your superannuation, life insurance, or other insurance policies.
Total and Permanent Disability BenefitA Total and Permanent Disability benefit is a lump sum payment paid to an individual when they have suffered an injury or illness that prevents them from returning to work.  These funds are commonly utilised by the injured worker to fund medical treatment, pay outstanding debts and provide an ongoing stream of income to preserve their quality of life.
WorkCoverArea of law.
Workers CompensationArea of law.

 

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