If you’ve been injured or fallen ill from a workplace incident, a car accident, an unsafe public environment or through medical negligence, you deserve a Brisbane personal injury lawyer that can help you receive full compensation.
Overview
What are personal injury claims?
A common type of compensation claim is for personal injury.
If you’re injured and can prove someone else’s actions caused your ailments, you may seek compensation for expenses and damages related to the incident.
Gerard Malouf & Partners (GMP Law) has experience winning the following types of personal injury cases:
Who can make a medical negligence claim?
A person suffering due to a doctor, nurse or other healthcare professional failing in their duty of reasonable care, may seek compensation for personal injury.
To lodge a medical negligence claim requires that both of the following are true:
a.) An injured person has suffered harm as a result of
b.) A medical professional’s failure in their duty of care.
Medical negligence lawyers know the range of conditions, treatments and areas of practice for which a claim can be made. For instance, a person could seek compensation for the following types of medical negligence:
- Elder abuse.
- A GP misdiagnosis or failure to diagnose.
- A specialist not performing standard testing before a surgical procedure.
- Nurse’s failure to report important changes to doctors in a patient’s condition.
- A dentist’s failure to refer to a specialist and use reasonable skill and care.
- Plastic surgeon’s practice failure to have a qualified anesthesiologist on hand.
- And more.
GMP Law’s legal team is here to support your claim for compensation resulting from a medical professional’s failure to provide reasonable care.
What is a public liability claim?
Accidents resulting in illness or personal injury on property used by the public may be eligible for compensation through a public liability claim.
Successful claims hinge on proving the injury — slip, trip or fall — was the fault of a property owner or occupant’s negligence. For example, an injury related to an unleashed dog attack or a slip and fall in a dimly-lit passageway are often compensable.
Our Brisbane personal injury lawyers can help determine whether or not you have a public liability claim.
Do you have a car or motor vehicle accident claim?
If you’ve sustained an injury as the result of a motor vehicle and car accident you may be able to file a claim for compensation.
A successful claim will show that the injury or illness resulted from another driver’s negligence. Most associated treatment and healthcare costs are compensable. Our experienced Brisbane legal team knows how to maximise compensation, even in situations where the defendant cannot be identified or is uninsured.
What is a workers’ compensation claim?
Compensation claims can be made for an injury or illness incurred or worsened whilst on the job including:
- Physical injury.
- Psychological harm from performing work-related tasks.
- Suffering from an illness or disease contracted or that recurred as a result of working.
- Conditions or diseases exacerbated from job duties.
Typically, workers’ compensation is covered by the main compensation scheme in Queensland, WorkCover Queensland. However, not all workers are covered by insurance and in those cases it may be necessary to sue an employer for negligence.
We provide expert legal advice to maximise your compensation.
Process
How to file a personal injury claim
Filing a personal injury claim on your own can be stressful, and the process often varies depending on the type of claim as well as the circumstances of the injury. A personal injury lawyer can help guide you through the process and will be there to support you every step of the way.
Understanding what’s involved in the claim process is essential. A case involving a motor vehicle, workplace or slip & fall accident could be under-compensated by insurance if the claim process is not followed correctly. Also, not lodging a claim in the timeframe required by personal injury law puts your claim at risk of being rejected by the court.
Every individual has the right to seek compensation but to achieve a successful outcome can be challenging, especially if the full impact of the resulting injury is not immediately apparent. Consulting a personal injury specialist for legal advice on your eligibility to make a claim and the level of compensation you could be entitled to is crucial to receiving full provision allowable by law.
Filing a claim requires a legal and procedural understanding of the following:
- Who is eligible to file a claim?
- Are there deadlines for filing a claim?
- Who else needs to be notified before you file a claim?
- What costs have been incurred?
- What are the court procedures for your type of personal injury claim?
If an accident resulted from someone else’s negligence, the injured party should contact Gerard Malouf & Partners (GMP Law). Our law firm’s personal injury specialists provide the critical legal advice to pursue damages.
How much personal injury compensation can you expect in Queensland?
The level of compensation you receive varies based on the particulars of your personal injury claim and your legal representation’s familiarity with Queensland law.
In Queensland, personal injury compensation is determined by the following statutes:
- Civil Liability Act 2003 (QLD): qualified the duty of care applied to medical negligence claims.
- Civil Liability Regulation 2014 (QLD): applies to public liability and motor vehicle accidents.
- Workers’ Compensation and Rehabilitation Regulation 2014 (QLD): applies to workplace injuries and illness.
Personal injury claims are administered on a no-fault basis and the level of compensation is pre-determined based on the injury level. Understanding how personal injury law may affect your personal injury claim is helpful to finding an accredited specialist. Here are some typical scenarios.
Medical negligence compensation
When filing a medical negligence claim, eligible claimants can receive compensation to cover costs related to:
- Hospital and specialist treatment.
- Ongoing medical expenses.
- Wages and superannuation loss.
- Pain and suffering.
If you are the victim of medical negligence contact Gerard Malouf & Partners (GMP Law) and we can help you determine your level of compensation.
Public liability and slip & fall accident compensation
No two accidents on public property are alike. An injured party can seek damages for lost wages, home help and medical costs from a negligent property owner. Typically, public liability insurance uses a compensation schedule for each injury type and costs can exceed preset limits.
Our Brisbane-based personal injury law experts can help build your case for the highest compensation possible.
Motor vehicle accident compensation
Compensation for lost wages, hospital care, rehabilitation, attendant care and home modification expenses are typically included in a car accident claim. However, when the damage is more permanent, your compensation should reflect that loss.
In the cases of catastrophic injury from a motor vehicle accident payout, compensation typically averages around $648,300. If you or someone in your family suffered a spinal cord or brain injury, a specialist in motor vehicle accident law can help you get the maximum compensation.
Workplace injury compensation
Accidents and illnesses for employees whilst on the job are covered by a public workers compensation scheme. The payout for these injuries adheres to the values table for general damages. In 2022, the lowest injury value was $1,590 and the highest was $400,655 as set out by the Workers’ Compensation and Rehabilitation Regulation 2014 (QLD) (WCRR).
If your injury or illness is a result of employer negligence or you need to claim whole body impairment, then you need legal representation that can win the maximum compensation.
Hiring a personal injury lawyer in Brisbane
Gerard Malouf & Partners (GMP Law) is a no-win, no-fee law firm committed to reaching successful outcomes for our personal injury clients. Our Brisbane lawyers ensure clients understand how we calculate legal fees so the focus is on your case.
GMP Law’s Surfers Paradise office is situated at Level 13/50 Cavill Ave, Surfers Paradise QLD 4217.
We are currently open by appointment only.
Call us on 1800 004 878 for expert advice on your legal right to compensation and how our personal injury lawyers can help maximise your compensation claim. Our friendly staff are ready to answer your call at 1800 004 878 or complete our contact form.
