You’ve crashed! What now?!

You’ve crashed!  What now?! Have you or a loved one recently been in a motor vehicle accident? It is normal for you to feel concerned as to what comes next and the options available to you. If you have been left injured in a motor vehicle crash in Queensland that was the fault (completely or partially) of another vehicle owner or driver, you may have a claim to make against the insurer of the vehicle that caused the crash for any injuries and economic loss that you have suffered because of those injuries. The insurer in a Motor Vehicle compensation claim is usually the Compulsory Third Party (CTP), which will cover a driver’s financial liability for the injuries of people hurt in an accident involving their vehicle. In instances where the driver who caused your accident is unidentifiable, you are not out of luck, as there are ways to still bring a successful personal injury claim for your crash. Timeframes Generally, you have nine months after the motor vehicle crash, or from the date of the first appearance of any symptoms, to make your claim. If you are under 18 years of age at the time of the crash, your nine-month time to lodge your claim commences upon your 18th birthday. However, if you engage a lawyer to manage your claim during this nine-month period, you will have to provide lodgement within one month of the beginning of engaging with that lawyer. It is important to be aware of these timeframes as your claim could be rejected if it is lodged outside these timeframes. The early lodgement of your claim will assist you being granted access to relevant treatment plans and rehabilitation sooner. Before you see a lawyer Immediately after your accident, to best help your prospective claim, you should report the incident to the police by filling out a Report of traffic incident to police form and attend your regular GP to generally assess the nature and extent of your injuries and how they may affect your ability to work in the future.  How strong is my claim? Prior to initiating a claim, it important that you are aware of the strength of your claim. A favourable motor vehicle claim has the following features: There has been a car accident with two or more parties. The accident was due to the fault of another driver. The accident has left you with serious injuries. You have calculatable losses because of your injuries, both financially and / or for your pain and suffering. Nevertheless, just because you have been in an accident does not mean that you are entitled to compensation. For example, if you were totally at fault or no-one was at fault.  If your vehicle was damaged but you have not suffered any injuries, then this would simply be a matter for your insurer to handle, rather than bringing a personal injury claim through a lawyer. What compensation will I receive? If you believe that you may have a [...]

2023-06-08T15:40:19+10:00June 6th, 2023|Insurance, Personal Injury|

Fa’asuamaleaui charged by match review committee

Tino Fa'asuamaleaui was cited for a lifting tackle but has been cleared on that charge. The Titans forward has subsequently been charged with a grade 1 dangerous contact charge, which will see him free to play for the Maroons in game one of the State of Origin series. Salerno Law support professional athletes Australia wide. Members of our Sports Law Team have years of experience in advising athletes, sporting clubs, governing bodies and all other industry participants at all levels in relation to all of their legal matters. This includes previously acting for the Australian Sports Anti-Doping Authority, numerous Australian athletes (including professional athletes who have represented Australia), national sporting bodies and professional sporting clubs. Members of our team also sit on various sporting judiciary committees. Gold Coast Titans official report HERE

2023-05-25T09:48:27+10:00May 25th, 2023|Personal Injury, Sports|

Understanding Landlord Liability and Pursuing Compensation for Rental Property Injuries

Understanding Landlord Liability and Pursuing Compensation for Rental Property Injuries Renting a property can sometimes lead to unforeseen challenges, and in unfortunate cases, tenants may suffer personal injuries due to the negligence of their landlords. A recent rental dispute in Brisbane has highlighted the potential legal avenues available to tenants seeking compensation for their injuries. This article will aim to inform on the details of this case, whilst addressing the common questions related to personal injury claims against landlords. If you have been injured in a rental property, this will assist you in understanding your rights and possible causes of action. Summary of the Brisbane Rental Dispute: A rental dispute in Brisbane recently resulted in a $1.2 million claim being filed by a tenant against his landlord. The tenant, Justin Pirc aged 35, claimed that he had suffered severe injuries due to negligence on the part of the landlords, Cassandra and Jason Sheppard. According to the allegations, the property had several hazards, including faulty electrical wiring, exposed nails, and slippery surfaces. Mr. Pirc claimed that he sustained life changing injuries as a direct result of these negligent acts when he slipped on a flooded floor allegedly caused by a leaking pipe that was chewed through by a rat. This case emphasizes the importance of addressing safety concerns in rental properties and holding landlords accountable for their negligence. The dispute originated from a residential tenancy arrangement in Brisbane. According to court documents, the tenant alleged various issues with the property, including significant maintenance problems, safety concerns, and breach of contract by the landlord. These alleged issues led to a deterioration of the tenant's living conditions and ultimately prompted the legal action as he was unable to return to work due to his injuries. Tenant's Claims: The tenant alleges that the landlord failed to address numerous maintenance issues, despite repeated requests for repairs. Whilst the landlord, made attempts to fix the leak after numerous complaints, he used the same material as the original pipe which the rodent had chewed through, leading to the leak happening a second time. Additionally, the tenant contends that the landlord breached the terms of the tenancy agreement by failing to maintain the property in a habitable condition. Landlord's Response: Mr. Sheppard has refuted Mr. Pirc’s claims and asserts that they were not given sufficient notice or opportunity to address the alleged maintenance issues. The landlord maintains that they made efforts to resolve any reported problems promptly. They argue that the tenant's failure to provide necessary access to the property for repairs hindered their ability to rectify the mentioned concerns. Legal Proceedings: The dispute has now escalated into a $1.2 million claim, which is expected to proceed through the QLD court system. The tenant is seeking compensation for damages and initiating a case to recover economic loss. The case is likely to focus on the duty of care owed by the landlord, the adequacy of maintenance efforts, and the fact that the injuries sustained may have been [...]

2023-05-24T15:00:18+10:00May 24th, 2023|Litigation, Personal Injury, Property & Conveyancing|

Light plane crashes near Essendon airport

A pilot is lucky to be alive after his light plane crashed and flipped onto its roof in an emergency landing at Essendon Fields airport. Light plane fatalities were at an all time high in 2022, with a reported 23 deadly crashes across Australia. Salerno Law have extensive experience in acting and advising in relation to compensation claims for aircraft related matters. This includes acting for companies, individuals and families affected by helicopter crashes in New South Wales, Queensland, the Northern Territory and Western Australia. In addition, Cliff acted in the tragic plane crash which occurred at Hamilton Island in 2002 and is currently acting in one of Australia’s most significant and catastrophic helicopter accidents.Head of aviation, Cliff Savala, has over 25 years legal experience in aviation matters has included him dealing with the ATSB, CASA, the Coroners Court, Australian Federal Police and local police during the investigation and prosecution phase of an aircraft crash. Thereafter, instructing appropriate aviation experts and Kings Counsel during the civil litigation phase to ensure the best possible outcome for the affected companies, individuals and families.The laws surrounding aviation claims are complex and therefore it is essential that legal advice from an expert aviation lawyer is obtained. In this regard, international conventions apply and importantly the normal limitation period for bringing a personal injury claim is restricted to 2 years from the date of the incident.For the full article on the Essendon light plane crash, Nine News reports HERE 

From Bushfires to Floods: Understanding El Niño and La Niña

From bushfires to floods, El Niño and La Niña are two weather patterns that have the power to wreakhavoc on our planet. These phenomena may sound similar, but they are fundamentally different and havedistinct impacts on our climate, oceans, and atmospheric systems. During an El Niño event, Australia's bushfire risk skyrockets due to the hot and dry conditions. But duringa La Niña event, the eastern states of Australia are more prone to floods and heavy rainfall. Theseextreme weather events can cause massive damage to property and result in financial losses forindividuals, businesses, and insurers. The science behind it: El Niño occurs when sea surface temperatures in the Pacific Ocean warm up, causing changes in windpatterns and atmospheric pressure. The warming usually takes place in the central and eastern Pacificand can significantly impact global weather patterns. During an El Niño event, areas like Indonesia andAustralia experience drier than usual conditions, while the western coast of South America sees moreprecipitation. From Bushfires toFloods - UnderstandingEl Niño and La Niña In contrast, La Niña is characterized by cooler than usualsea surface temperatures in the central and easternPacific. This cooling triggers changes in atmosphericpressure and wind patterns, which can also impactglobal weather patterns. During a La Niña event, we seethe opposite effects of El Niño, with wetter than usualconditions in the western Pacific and drier than usualconditions in the eastern Pacific. Apart from affecting precipitation patterns, theseweather patterns can also impact the frequency andintensity of extreme weather events. El Niño events, forinstance, are linked to an increased risk of hurricanesand tropical storms in the Atlantic Ocean. Meanwhile, LaNiña events have been associated with more frequentand severe winter storms in North America. Why should this matter to you? Understanding the differences between El Niño and LaNiña is vital for scientists and policymakers to makeaccurate weather forecasts and plan for potentialimpacts. With growing concerns about climate change,some studies suggest that global warming could lead tomore frequent and severe El Niño and La Niña events. In conclusion, while El Niño and La Niña may sound similar, they pose very different risks and havedistinct impacts on our planet. As we continue to learn more about these phenomena, it is essential tomonitor their impacts and plan for potential consequences to ensure the safety and well-being ofcommunities around the world. Governments, businesses, and individuals must be aware of theincreased risks of extreme weather events, such as floods, bushfires, and hurricanes, during El Niñoand La Niña events. By taking proactive measures to prepare for these risks, we can minimize thedamage caused by these weather patterns and protect our communities from harm. Article prepared by Carlo Gentili, Head of General Insurance, GSA Insurance Brokers.

2023-05-17T16:35:19+10:00May 17th, 2023|Insurance, Personal Injury, Property & Conveyancing|

Landmark Covid-19 Vaccine Injury Class Action Lawsuit

A Gold Coast woman went from a healthy mum to being hospitalised just four days after her first dose of Pfizer vaccine - now she's suing. A landmark Covid-19 vaccine injury class action lawsuit has been filed against the Australian government and the medicines regulator. The nation-wide suit, which reportedly has 500 members including three named applicants, seeks redress for those allegedly left injured or bereaved by the Covid-19 vaccines. One of the applicants who suffered a severe heart condition after getting the Pfizer jab is even claiming there was 'cover-up' during the vaccine rollout which hid the potential risks. We Have Professionals In Every Field Our team of practitioners can provide outstanding legal knowledge in the legal sectors impacted by COVID-19 regulation and policy and regularly provide advice to both individuals and businesses on matters relating to: mandatory vaccinations throughout the course of employment; mandatory wearing of face masks; adhering to the directions imposed by the State; compliance with lawful police directions; advice on the powers granted to officials under States of Emergency (State-by-State basis); direct/indirect discrimination in accordance with the Australian Human Rights Commission (AHRC); and potential for criminal charges if certain directions are not adhered to. Depending on the nature of the COVID-19 matter, Salerno Law has access to a wide array of professional Senior and Junior Counsel who can provide an experienced  opinion and advocacy in matters involving human rights, employment law, regulation and policy. The Daily Mail reports more DAILY MAIL ARTICLE COVID-19 LAW SUITE

2023-05-17T09:52:36+10:00May 17th, 2023|COVID-19, Personal Injury|

Personal Injury Compensation Claim Tips

Personal Injury Compensation Claim Tips A Gold Coast woman’s compensation payout of $600,000 was recently dismissed by a court after a video of her dancing and joking around surfaced in court. The woman, 23-year-old Meah Baldock-Davis had claimed that the injuries she sustained on July 4th, 2019, were as a result of being hit by a car whilst on her way to work in Pacific Fair and had left her unable to work. Ms Baldock-Davis initiated proceedings against the driver and his insurer AAI Limited in the Queensland Supreme Court seeking economic loss of “no less than $600,000” as a result of the injuries sustained. She subsequently received a compensation payout of $40,635 however, after videos emerged in court of her dancing and poking fun at her injuries whilst away on a trip in October of 2022, the court ruled that the video undermined her claim and ordered her to pay back the compensation. Ms Baldock-Davis’ lawyer argued that the video was taken out of context and did not accurately reflect her client's injuries, which was not accepted by the court. The incident highlights the importance of firstly being honest and truthful in bringing a personal injury claim in addition to maintaining an appropriate public profile with regard to what personal content is being shared online. How can I maximise my compensation payout? If you’ve suffered an injury due to someone else’s negligence, you may be entitled to compensation. However, the amount of compensation you receive will depend on a number of factors, mainly, the severity of your injuries and whether your actions in any way attributed to your injury. Here are some tips on how you can potentially maximise any compensation payout: Seek medical attention: The first and most important step in any personal injury claim is to seek appropriate medical attention. Your health and well-being should always be your top priority, and seeking prompt medical treatment will also help to document the extent of your injuries. Attributing negligence: Understanding the principles of negligence and attributing fault to the relevant party is also a key factor in being able to maximise your potential compensation settlement. If you can prove another party is fully negligent for their actions, it will go a long way in ensuring you are maximising your compensation outcome. Compile evidence: In order to make a successful personal injury claim, you will need to be able to show evidence that the other party was responsible for your injuries. This can include witness statements, photographs, and medical records. Other important evidence that you will want to keep record of will be any treatments or rehabilitations you have completed as this may be able to be reimbursed through your compensation amount if successful. Hire an experienced personal injury lawyer: A skilled personal injury lawyer can help you navigate the complex legal process and maximize your compensation payout. They can also advise you on the strength of your case and the best course of action. What are my prospects [...]

2023-05-05T15:47:54+10:00May 5th, 2023|Personal Injury|

Recognising the Volunteer Rescuers in Mining Accidents in Australia

Recognising the Volunteer Rescuers in Mining Accidents in Australia In April 2006, two miners were trapped underground in a gold mine in Beaconsfield, Tasmania. The incident garnered international attention as the world waited with bated breath to see if the miners would be rescued. The rescue operation lasted for two weeks, and it was only thanks to the tireless efforts of the rescuers that the miners were eventually freed. The miners, Todd Russell and Brant Webb, were trapped 925 meters underground when a rockfall occurred. They were stuck in a cramped space, with limited food, water, and oxygen. The situation was dire, and it seemed unlikely that they would be rescued. The rescue operation was led by the Tasmania Fire Service, with help from a team of engineers and geologists. The rescuers faced many challenges during the operation, including the risk of further rockfalls and the difficulty of reaching the trapped miners. The rescue effort was a true testament to the courage and determination of the rescuers. The Beaconsfield mine incident brought attention to the importance of safety regulations in the mining industry. The incident led to a review of safety regulations, and changes were made to ensure that similar incidents would not happen in the future. The rescue of the two miners trapped in the Beaconsfield mine was a remarkable feat of human endurance and ingenuity. The rescue operation was a collaborative effort, with people from all walks of life coming together to achieve a common goal. The bravery of the rescuers and the determination of the miners to survive in the face of such adversity is an inspiration to us all. Support for the Volunteers In Australia, personal injury compensation for SES volunteers is available through a range of schemes and programs. These programs recognise the important work done by SES volunteers and aim to support them in their time of need. One such program in Queensland is the Workers Compensation Scheme. This scheme provides compensation to SES volunteers who are injured while carrying out their duties. The compensation covers a range of costs, including medical expenses, lost income, and rehabilitation costs. Another program that provides compensation to volunteer rescuers is the Commonwealth Workers' Compensation Scheme. This scheme covers a range of workers, including those who are employed in the public sector, as well as volunteers who are engaged in certain activities. If you are a volunteer rescuer who is injured while carrying out your duties, you may be entitled to compensation under this scheme. Similarly, to be eligible for claim under these types of schemes, you must be engaged in activities that are authorised by the organisation you volunteer with. You must also have suffered a personal injury that was directly related to your volunteer work. Legal Support for Volunteers Dealing with the traumatic events can cause long term suffering for rescuers and recognising this impact and their consequences plays an important part in recovery.  Compensation also is important where this impact causes great loss. If [...]

2023-02-16T16:20:28+10:00February 16th, 2023|Insurance, Litigation, Personal Injury|

A Review of Aviation Law in Australia

A Review of Aviation Law in Australia – Considerations When Establishing the Liability of Australian Aircraft Carriers and Others in Civil Compensation Claims Introduction Aviation in Australia is governed by a combination of industry and regulatory bodies that deal with specific aviation industry sectors. The laws concerning the liability of aircraft carriers in Australia are administered under international conventions and domestic legislation. Tragically, four people died, and eight others were injured when two helicopters collided mid-air near Sea World on the Gold Coast on 2 January 2023. Complex and dated legislation governs the legal compensation claims arising from these incidents. Accordingly, this can make reaching a favourable legal outcome a lengthy and complex ordeal for the victims and their families, who usually have suffered significant physical and psychiatric trauma due to the crash. Identifying the parties  Parties to a civil claim relating to liability for an aviation accident typically include the pilot, operating company, aircraft manufacturer, and the entity that maintained the aircraft. Identifying the appropriate entity to sue in an aviation case will depend on determining the primary cause of the accident that resulted in the injury or loss of the victims. Aircraft incidents typically arise from several factors, including pilot error or negligence, failure of a mechanical part of the aircraft or unsafe operating procedures. Therefore, if the pilot's negligence caused the incident, the pilot and the aircraft company would typically be held liable. Similarly, manufacturers or maintenance companies are generally responsible if the cause is poorly maintained aircraft or parts. The Civil Aviation Safety Authority and the Australian Transport Safety Bureau investigate the sources of aircraft incidents in Australia, coupled with a police investigation and subsequent coronial investigation.  Limitations Carrier's liability and insurance arrangements are addressed in the Civil Aviation (Carriers’ Liability) Act 1959 (Cth). This Act establishes several frameworks of responsibility to protect the carrier, its employees, and passengers. Legislation governing Australian air carriers and their liability were founded on international treaties signed and ratified into Australian statute by way of the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 (Cth)[1]. The legislation now establishes airline liability in case of death or injury to passengers and in cases of delay, damage, or loss of baggage. Where legislative provisions do not cover Australian domestic carriage and travel, Part IV of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) imposes liability on a carrier for injury or death caused to a passenger or for loss or damage to a passenger’s baggage. In cases where no legislative provisions apply, an action may be brought under common law. One such limitation of aviation legislation is the lack of coverage for passengers to claim compensation for delay or cancellations. While the Competition and Consumer Act 2010 provides generalised guarantees and consumer protections, there are no specific legislation with regard to the aviation sector. Passengers are forced to rely on contractual terms and conditions presented at time of booking. However, it may be possible to seek compensation under the Montreal Convention [...]

2023-02-10T13:46:58+10:00February 10th, 2023|Aviation, Litigation, Personal Injury|

Liability for Injuries suffered in Combat Sports

Liability for Injuries suffered in Combat Sports What are Combat Sports? Combat sports are one of the fastest growing sports in the world, both in terms of participation, spectators, and revenue. The most well-known combat sport is the Ultimate Fighting Championship (UFC). The UFC has previously attracted over 2.4 million pay per view viewers in one event, which was no doubt a factor leading to its record ownership sale in 2021 of US $1.7 billion. Combat sports is a broad categorisation of different forms of established combat sports and martial arts originating from a variety of different cultures and countries. Combat sports have evolved into various forms and styles of combat. These include Boxing, Wrestling, Ju Jitsu, Karate, Judo, Muay Thai (a traditional Thai boxing style), Kick boxing (K1) and Mixed Martial Arts (MMA). Medical Concerns As in all sports there is the potential to suffer injury when engaging in combat sports at all levels. The difference with combat sports from other sports is the definitive intention to force your opponent into either submission or to suffer an injury which would be significant enough to render that person physically unable to continue. Potential medical concerns come with the understanding that combat sports are focused on the technique to cause harm. The consequence of such physical violence naturally carries the high-risk level of doing physical damage to competitors. In a recent study, Dr Lystad of Macquarie University observed the deaths of boxers between the year 1832 and 2020, which included 122 professional and 40 amateur boxers, in Australia alone. With most of the deaths caused because of a traumatic brain injury. Dr Lystad noted that minority of deaths occurred during the fight, however, the majority (96%) occurred post fight, being in the following days after the event. Michael Watson Case The highest profile case relating to combat sport and liability for injuries suffered, involved a professional boxer called Michael Watson. Mr Watson was an English professional middleweight boxer who fought on the 21st of September 1991 in a fight supervised by the British Boxing Board of Control (BBBC). The fight was against Mr Chris Eubank with both fighters having previously fought for world titles.  During the fight Mr Watson was knocked out by a punch. It is reported that it took 7 minutes before doctors provided medical assistance to Mr Watson. Subsequently, an ambulance was called. During the immediate treatment for his injuries, Mr Watson was not given oxygen and was first sent to a hospital which lacked a neurosurgery unit. Tragically, Mr Watson spent 40 days in a coma and 6 years in a wheelchair with doctors predicting he would never walk again. Mr Watson brought a claim against the BBBC (see (2002) QB 1134 and (2000) EWCA Civ 2116) arguing that as they made the rules governing professional boxing in Britain that ensured his safety, they owed him a duty of care and should have ensured that he was appropriately treated following him being knocked out. The medical [...]

2022-11-25T14:56:53+10:00November 25th, 2022|Personal Injury, Sports|
Go to Top