John’s journey: Overcoming adversity to secure a $500,000 Total Permanent Disability (TPD) claim
John’s Journey:Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July 2017,
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.
Gerard Malouf & Partners Have Provided Friendly, Experienced Legal Advice To Communities Across Australia For Over 35 Years. Our Personal Injury Lawyers Have Taken On Ten’s Of Thousands Of Cases And We Are Proud To Have Won Billions Of Dollars For Our Clients.
Read Our Latest Articles, Case Studies Or Commonly Asked Questions Concerning Your Legal Claims And Compensation Law.
Our client was walking back to her car in a Shopping Centre Car park after attending a south Sydney Shopping Centre when suddenly and without warning concrete slurry began pouring from the carpark roof onto her. In her attempt to get out of the way our client has then slipped and fell in the slurry, severely injuring herself.
Our client has contacted the team at Gerard Malouf & Partners to bring an action on her behalf.
Upon investigation and through the use of Subpoenas it was discovered that the Shopping Centre had engaged various contractors to perform work on the car park. Proceedings were ultimately brought against three contractors. All three contractors attempted to shift the blame to the others.
As a result of the accident, our client had suffered serious and ongoing injuries to her neck, back, both knees and shoulders, as well as psychological trauma following the inability to continue in her pre-accident employment as a cleaner. The injuries prevented her from working as a cleaner and she lost significant income.
Medical reports were obtained which indicated the client would eventually require either a replacement or fusion of the shoulder joint. Our client required a high level of assistance in her activities of daily living. The three Defendants attempted to wear the client down by engaging in arguments between themselves as to which contractor was ultimately to blame for the accident. It was our position that all Defendants were to blame.
The team at Gerard Malouf & Partners did not allow the Defendants to engage in this behaviour and obtained an order from the court for the Defendants to participate in a mediation.
Public liability refers to the responsibilities owners or occupants of a public space have to protect anyone who enters. If the owners or occupants fall short of these responsibilities, resulting in an injury, a case for compensation can be made.
Some of the most common incidents covered by public liability law include:
Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.
From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.
Public liability claims centre on the issue of negligence. Put simply, an individual or organisation is usually deemed negligent if they owed you a duty of care and they breach this obligation by failing to protect you from harm.
However, establishing negligence isn’t enough to receive compensation. You must also make a direct correlation between the defendant’s negligence and your injuries. This link is called ‘factual causation’ and the general principles are outlined in the Civil Liability Act 2002.
John’s Journey:Overcoming adversity to secure a $500k TPD Claim Jump to Result This image does not depict our actual client. John’s story In July 2017,
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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