30.11.23
In today's bustling environment, accidents can strike anywhere – from shopping centres to streets. When such misfortunes befall, public liability claims are a pathway to justice for the aggrieved. The landscape of these claims, governed by the Personal Injuries Proceedings Act 2002, can be intricate. But what's clear is the importance of timely action and legal expertise. At Evolve Legal, led by Senior Associate Janet Clark, real-life cases exemplify their dedication to justice. As advocates for those injured, we emphasise the significance of acting swiftly and seeking professional guidance for rightful compensation. Read More.
30.10.23
Understanding work-related incidents and subsequent claims can be complex, especially amidst the pain and disruption such incidents bring. These incidents can adversely affect an individual's health, livelihood, and day-to-day activities. However, knowing one's rights and the associated legalities is crucial. Evolve Legal's Core PI division specialises in supporting survivors of work-related incidents in Queensland. From highlighting the importance of timely claim lodgings to dissecting the nuances of various injury claims, they offer a comprehensive guide to navigate this labyrinth. This article provides a detailed insight into the phases of claims, focusing on both statutory and common law perspectives.
Furthermore, it underscores the significance of proper injury assessment and the evolving challenges in psychological claims. With expertise in the field, Evolve Legal's team acts as a beacon, ensuring victims' rights are recognised and they get the compensation they deserve.
Read More.
25.09.23
Understanding the aftermath of a motor vehicle accident goes beyond the immediate impact; it delves into legalities, rights, and claims. This article offers victims invaluable insights into the legal landscape of claims, emphasising personal injury caused by such incidents. Authored by Evolve Legal's Senior Associate, Janet Clark, the guide outlines the nuances of the claims process in Queensland, including crucial time frames and complexities surrounding unidentified vehicles. With cases of delayed injury symptoms becoming more frequent, the guide also underscores the importance of timely medical consultations. Partner with Evolve Legal for adept guidance and representation in your motor vehicle claims journey. Read More.
28.06.23
The case of Mason v State of Queensland [2023] QDC 80 sheds light on the profound impact of workplace violence and the legal responsibilities employers hold. Justin Mason, a corrections officer, suffered a physical assault by his supervisor that triggered a chain of psychological torment and workplace harassment. The court's ruling held the employer vicariously liable for the assault and negligent in providing adequate support. This decision sends a clear message to employers about the importance of prioritising employee safety and well-being. The Mason case serves as a wake-up call for organisations to proactively prevent violence, create inclusive environments, and swiftly address incidents. It highlights the need for robust policies, comprehensive training, and a commitment to fostering a culture of respect and support. Read More.
31.05.23
In the realm of professional sports, where feats of athleticism captivate audiences worldwide, a dark undercurrent of head injuries and their consequences has emerged. Recent developments, such as the Senate Inquiry into Concussion and Repeated Head Trauma in Contact Sports and class action lawsuits against major sports organisations, have thrust this issue into the spotlight. The question now looms: who should be held accountable for the compensation of these injured athletes? Evolve Legal Personal Injury Lawyers takes you on a gripping journey through the intricacies of the Australian legal system, examining the complexities of voluntary assumption of risk, the exclusion of professional athletes from workers’ compensation, and the potential role of private insurances. Brace yourself as we uncover the potential paths to justice and delve into the realm of negligence claims. Join us as we unravel the hidden truths surrounding head injuries in professional sports and seek to secure the rightful compensation for those affected. Read More.
19.04.23
In December 2017, Clinton Chadwick was assaulted by a drunk patron at a restaurant and bar called Bucket List Bondi. Chadwick filed a negligence claim against the venue operator and security company, alleging they breached their duty of care by failing to control or evict the intoxicated person. The Court found in favour of Chadwick, stating that the defendants breached their duty of care. However, a 20% reduction in damages was given due to Chadwick's contributory negligence. This case highlights the duty of care owed by venue operators and security guards to patrons, which extends beyond the duty owed by an occupier to a lawful entrant. The ruling also provides an example of how Courts may assess economic loss when a plaintiff's primary income is from social media influence. Read More.
14.04.23
Anna Morgan, a special counsel for Evolve Legal, brings her extensive knowledge of Total and Permanent Disablement (TPD) and terminal illness claims on superannuation to the table. It is common for employees to have a superannuation fund that automatically includes insurance policies. TPD insurance provides coverage for policyholders who suffer permanent injuries or illnesses that prevent them from returning to work. This article outlines the TPD and terminal illness claim process, highlighting the importance of comprehending policy definitions, insured amounts, and payment timelines. Read More.
23.03.23
Survivors of child sexual abuse may endure a lifetime of physical and psychological harm. As a result, Australian Law permits them to pursue compensation for their pain and suffering. Despite this, a substantial gap exists in the current system that permits offenders to shield their superannuation from compensation orders. This loophole leaves survivors without adequate compensation, and as a result, this article delves into its implications and the ongoing efforts to address and eliminate it. Read More.
20.03.23
The evidence presented by the injured party in a personal injury claim is closely scrutinized by insurers and courts, with great emphasis on its consistency with various records. This is because the assessment of damages relies heavily on the accuracy and credibility of the plaintiff’s accounts of their symptoms. If the evidence presented does not align with the plaintiff’s statements, there is a risk that the court will not find their version of events convincing. A recent supreme court case illustrates this point, where the plaintiff’s evidence was deemed inadequate due to inconsistencies with documentation provided by the insurer and medical professionals. Read More.
23.02.23
Have you heard of Claim Farming? or have you been a victim of Claim Farming? Evolve Legal was pleased to hear about the successful prosecution of a company found accountable for the insidious practice. As a result, the organisation was fined 1 million dollars in hope that the financial incentives for other organisations who engage in such behaviour will be eliminated. Read More.
19.01.23
Queensland's road toll in 2022 was the highest in more than a decade, with 299 lives lost. Last year, the state's road toll was the highest since 2009, including 70 motorcyclists, 29 pedestrians and 12 people who died in floodwaters. That toll is also higher than road tolls in New South Wales and Victoria. Read More.
09.12.22
On 22 November 2022, the District Court of Queensland held that Aldi was liable to its employee who sustained a back injury while lifting cartons of tinned tomatoes. The worker was awarded $157,767.71 compensation for her back injury. Read More.
27.07.22
Supreme Court awards Taxi driver involved in Motor vehicle accident over $200,000, even though the car accident injuries/ impact was minor, he had prior medical conditions and the medical expert evidence indicated 0% permanent impairment. Read More.
26.10.21
In October 2021, the Supreme Court of Victoria awarded a landmark $2.7 million in damages to a private school victim of childhood sexual abuse. This is the highest amount of damages awarded for an institutional abuse case so far in Victoria. Read More.
