The Personal Injury Lawyers Blog

Accident victim awarded $448,000 despite Cannabis abuse

In the case of Schneider v Smith & RACQ Insurance [2016] QSC 047, the Court was faced with determining the impact of accident injuries on the Plaintiff’s pre-accident lifestyle and employment against a strenuous argument by the Defendants that the Plaintiff’s cannabis abuse was a main cause of any claimed psychiatric condition and loss of earning capacity, and his general “surfer” attitude should reduce any economic loss award…

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Injured by co-worker’s negligence when peeling fruit

Would you consider that peeling an orange in a lunch break could give rise to a foreseeable risk of injury? Well their Honours, Justices Gotterson, Applegarth and Holmes found this to be the case when handing down their decision in the case of Joshua Boon Summs of Qld Pty Ltd [2016] QSC 38.  

Their Honours overturned the decision of the trial judge at first instance who had dismissed the Plaintiff’s claim, to find for the Plaintiff/Appellant and award him increased damages of around $215,000…

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The importance of reporting workplace injuries

The decision of Sinclair v Sunshine Coast Independent Living Service Inc [2016] QSC 63 reinforces how important it is for an injured worker to make a formal report of their work injury to the employer and to their doctor, as soon as possible after their work accident occurs.The Plaintiff claims a back injury at work pulling a wheelchair bound resident over a step and door lip…

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Golfer fails to include $4 million claim for injury compensation

A good example why it is so important that you engage The Personal Injury Lawyers  as experts in personal injury claims and not run your own case. Mr Edwards lost the opportunity to claim for what he considers to be significant future lost income in his claim because he did not properly plead his case to the Court…

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Work injuries sustained in assault at mining camp

Shane Cumbers was injured when he was assaulted by a co-worker whilst sleeping at the Moranbah mining camp, in the course of his employment at the Moranbah mines. Mr Cumbers brought an application for workers’ compensation for his injuries, which was repeatedly rejected at the insistence of his employer, Civeo. An appeal of his case was brought all the way to the Industrial Court and succeeded…

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Claiming an injury compensation case has been settled

An interesting personal injury case came before the Supreme Court in New South Wales where a Defendant in a proceeding claimed that a case had been settled on the eve of a trial following Friday afternoon discussions between solicitors, but the Plaintiff held that no settlement had been reached…

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