Motor Vehicle Accident

What Constitutes ‘Proper Search And Inquiry” After a Motor Vehicle Accident?

26.02.24

Navigating the aftermath of a motor vehicle accident is often a daunting journey, one where critical decision can shape the course of your recovery and financial stability. In our comprehensive article, crafted by the dedicated experts at Ramsden Lawyers Personal Injury team, we unravel the intricacies of safeguarding your right to compensation. From the pivotal moments at the accident scene to the vital steps to protect your rights, we provide invaluable insights and actionable advice. Discover why documenting details, seeking medical attention, and reporting the incident promptly are crucial. Our team specialises in guiding you through this complex process, ensuring you're well-prepared to secure the compensation you rightfully deserve. Don't leave your claim to chance; empower yourself with knowledge and take control of your future today. Read More.

Road Safety

Navigating Safely: Road Safety Beyond the Festive Season

24.01.24

This article delves into the misconceptions and realities of road safety, particularly during the festive season. Despite popular belief, research reveals that the primary causes of road accidents - excessive speed, alcohol impairment, and driver fatigue - remain constant throughout the year, not just during holidays. Evolve Legal’s Personal Injury Law team emphasises the importance of year-round vigilance on Australian roads. Our study, supported by data from the Australian Government Department of Infrastructure, Transport, Regional Development, Communications and the Arts (BITRE), underscores the need to apply road safety strategies continuously. While the holiday season may heighten awareness, it's crucial to recognise that road safety is a daily commitment. By fostering a strong understanding of road risks and advocating for responsible driving practices, we aim to contribute to safer roads for all, regardless of the season. Read More.

Public Liability Claims

A Simple Guide To Public Liability Claims

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.

Work-Related Incident Claims

Understanding Work-Related Incident Claims: A Simple Guide

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.

car accident

Understanding Motor Vehicle Claims: A Simple Guide

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.

Employer

Employer Found Liable For Assault By Supervisor On Employee

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.

Head Injuries

Unveiling The Truth: Who Bears Responsibility For Head Injuries In Professional Sports?

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.

NEGLIGENCE

Negligence In Failing To Evict Drunk Patrons: A Court Ruling And Its Implications

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.

Reliability

Just Tell It Like It Is – Consistency And Reliability Is Key In Personal Injury Claims

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.

Claim Farming

Have you heard of Claim Farming? A Company Has Recently Been Fined a Staggering 1 Million Dollars for 94 Claim Farming offenses

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.

Motor Accident CTP Insurance claims

Motor Accident Insurance Commission Quarterly Report (Jul-Sep 2022) Findings. How will this affect CTP insurance claims?

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.

workplace injury

When speed is the priority over safety, and enforcement of manual handling training is non-existent, liability for employers will follow

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.

Taxi-QLD

Supreme Court of Queensland confirms that a “minor” collision does not mean minor injuries - Taxi Driver awarded substantial damages

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.