Legal Compass
Definition of injury crucial in successful NSW intentional tort claim
An intentional tort is a type of personal injury claim that relates to an intentional act that results in injury. The definition or meaning of “injury” is crucial. It could include, for example, assault, sexual assault and, with this recent judgement, deprivation of liberty or imprisonment.
A guide to Legal Costs for Medical Negligence and Public Liability Claims
A comprehensive guide to solicitor/client costs, party/party costs and disbursements in medical negligence and public liability claims.
Claiming compensation for injuries caused by falling trees and branches
A closer look at two unique cases and how Australian courts have interpreted and assessed claims for compensation for injuries caused by falling trees and branches.
Access to personal injury compensation in Victoria – change is needed
It’s time for Victorian personal injury compensation laws to change to facilitate justice for grieving families.
E-scooters – who pays compensation when someone is injured?
If you’re injured in an accident involving an electric scooter on a footpath or road in Victoria, who foots the bill?
Public liability claims for Sporting Activities
We explore a High Court win for in a public liability case based on negligence and duty of care for a horse rider injured whilst participating in an inherently risky activity.
How Can Compensation Entitlements Affect Your NDIS Support Package?
In this article, we will look at how personal injury compensation, for example TAC or WorkCover benefits, may affect the supports a person with a disability receives under their NDIS plan.
The sky is the limit: waivers and compensation claims
Participants in high risk or adventure related activities are often asked to sign a waiver. Personal injury waiver forms generally ask you to acknowledge that you understand the risks associated with the activity and that you waive your right to sue for compensation if you are injured.
Your personal injury claim can continue through COVID-19
Understandably, many Victorians are concerned about the effect COVID-19 will have on the progress of their personal injury claim. They want to know whether it will affect their ability to get timely access to justice given the restrictions introduced to combat the spread of the virus.
Can I claim compensation if someone gives me COVID-19?
In this article, we will look at some of the other legal implications (other than workers compensation or medical negligence) of COVID for individuals and businesses, and answer this question: “Can contracting coronavirus lead to a claim for compensation”?
Ask the Experts: Compensation Payouts and Financial Planning
Compensation payouts for personal injury are generally one-off payments made for long term injuries and losses. With often large sums of money being involved, it’s important that recipients seek reputable financial advice.
Injured in a rental property?
It’s quite common to hear about people pursuing a compensation claim due to being injured on our roads or at work or in a shopping centre. But what about an injury in a rental property?
What happens if I lose a No Win No Fee case?
In most personal injury cases, if your case is not successful (is withdrawn or investigation of a potential claim is stopped), there should be no costs for you to pay under a No Win No Fee agreement.
Do I have to pay tax on compensation for personal injury?
In Victoria, you are generally not required to pay tax from lump sum compensation you receive from a personal injury claim. However, compensation payouts can still have important tax implications which you should be aware of.
Personal injury claims after an assault – who is entitled to pain and suffering compensation?
While the law in Victoria regarding personal injury claims for pain and suffering compensation is generally well established, a recent court decision may open the door for victims of assault and other intentional acts.
Can I claim compensation for a slip and fall in a public place?
While the recent furore about Bunnings ordering that the onion go below the sausage highlighted the issue of potential slips and falls in stores and other public places, in reality there are hazards in stores that are more dangerous to customers than the humble sausage in bread. But if I’m injured from a slip or fall, can I sue?