Kathryn MacDonell
Chief Executive Officer
Kathryn is Trilby Misso’s Chief Executive Officer.
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What is a common law claim for personal injury in Queensland?
A common law claim for personal injury in Queensland refers to a legal action taken by an individual who has suffered harm or injury due to the negligence of another party. In this context, common law refers to the body of law that is developed through judicial decisions rather than through legislation.
Queensland follows the common law system, where individuals have the right to seek compensation for personal injuries caused by the fault of another party. These claims typically arise from incidents such as workplace accidents, motor vehicle collisions, or slips and falls. To make a successful claim, the injured party must establish that the other party owed them a duty of care, breached that duty, and as a result, caused the injury. Understanding the process and requirements of a common law claim for personal injury in Queensland is crucial for individuals seeking compensation for their losses.
To succeed in a common law claim, the injured party must demonstrate the defendant’s legal duty and its breach. Compensation is awarded based on factors such as injury type, fault level, age, lost income, medical expenses, etc. Seeking legal advice is essential to effectively navigate the process, as claims can be resolved either outside of court or through court proceedings.
Work-Related Accidents
Work-related accidents are prevalent in Queensland, especially in industries like construction, mining, and manufacturing. These accidents can result from inadequate safety measures, equipment failures, or employer negligence.
Car Accidents
Car accidents in Queensland are another common type of incident. These accidents often lead to severe injuries and can be caused by high-speed collisions or reckless driving.
Slip and Fall Accidents
Victims of slip and fall accidents in Queensland may suffer injuries like broken bones, head trauma, or spinal cord damage, typically occurring in public places or on poorly maintained premises.
Transport Accidents
Transport accidents, including those involving buses, trains, or taxis, can result in a range of injuries, from minor to life-threatening. The legal process for these accidents may involve multiple parties, such as drivers, transport companies, and insurers.
Compensation for common law accidents aims to provide financial support to victims who have experienced physical, emotional, or financial harm. In addition to direct medical expenses and lost income, compensation may account for long-term rehabilitation costs, pain and suffering, and future earning capacity. Factors like the severity of the injury, the impact on daily life, and the need for ongoing care are considered when determining the compensation amount.
Navigating a common law claim in Queensland can be complex, requiring a thorough understanding of legal procedures and evidence requirements. Legal advice from experienced solicitors can help individuals gather the necessary documentation, assess the strength of their case, and negotiate with the opposing party.
It is recommended that you seek legal advice as to the very specific circumstances of your personal injury claim in Queensland, so that you may fully understand your rights and obligations.
Discover the essentials of common law claims in Queensland
For comprehensive insights into common law claims in Queensland, explore the Queensland legislation website.
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“Do I have a claim?”
“Do I have a claim?”
Use this simple online tool and find out if you have a claim in less than thirty seconds. You can choose to remain anonymous.
Your next step is a small one, but don’t delay
Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.
During this initial conversation, we will:
- Have a chat about the circumstances and nature of your injury.
- Give you an approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
- Explain, in simple terms, how our process works. We will answer any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.
We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.
The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.
Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.
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