Public Liability Claims

Nov 30 2023

A Simple Guide To Public Liability Claims

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. [...]

Posted in: Personal Injury

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Work-Related Incident Claims

Oct 30 2023

Understanding Work-Related Incident Claims: A Simple Guide

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. [...]

Posted in: Personal Injury

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car accident

Sep 25 2023

Understanding Motor Vehicle Claims: A Simple Guide

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. [...]

Posted in: Personal Injury

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Employer

Jun 28 2023

Employer Found Liable For Assault By Supervisor On Employee

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. [...]

Posted in: Personal Injury

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Head Injuries

May 31 2023

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

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. [...]

Posted in: Latest News, Personal Injury

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NEGLIGENCE

Apr 19 2023

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

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. [...]

Posted in: Latest News, Personal Injury

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Reliability

Mar 20 2023

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

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. [...]

Posted in: Personal Injury

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Claim Farming

Feb 23 2023

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

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. [...]

Posted in: Latest News, Personal Injury

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Motor Accident CTP Insurance claims

Jan 19 2023

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

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. [...]

Posted in: Latest News, Personal Injury

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