Personal injury lawyer Stawell
Personal injury legal advice in Stawell
Claven Burdess are WorkCover lawyers serving Warrnambool and surrounding areas.
Personal injury law is concerned with a person’s right to compensation as a result of an injury, sickness, or death.
In Victoria, there are a few different laws that regulate personal injuries. The Workplace Injury Rehabilitation and Compensation Act of 2013, the Wrongs Act of 1958, and the Transport Accident Act of 1986 to name a few.
“Personal injury” refers to a variety of situations in which someone might be hurt or injured.
The following are some of the most common areas of practise:
Injuries at work and workers’ compensation;
Car and motor vehicle accidents
Medical negligence and malpractice;
Superannuation claims for total and permanent disability.
In certain cases, such as work injuries and motor vehicle accidents, an individual is entitled to compensation without having to prove that the injury was caused by someone else’s negligence.
In other cases, an individual must demonstrate negligence in order to be entitled to compensation. That is, their injuries were caused by the carelessness of another group or parties.
Compensation for employees
Victoria has a scheme in effect that provides for compensation claims for workplace injuries. This is in addition to general negligence lawsuits for accidents brought against employers (known as common law claims).
There is a mechanism for employers and employees to insure that measures are taken to prevent injury and that a compensation scheme is in place. Section 19 of the Act includes a flow chart that illustrates how a worker might file a claim for a work-related injury.
Workers, in addition to employers, have responsibilities under the Workplace Injury Rehabilitation and Compensation Act of 2013. Understanding these responsibilities, particularly those that occur after an injury, may have an impact on compensation rights and entitlements.
Malpractice in the medical field
Medical malpractice is a complicated field of law in Victoria. Effective claims in Victoria are decided by the courts in compliance with the statute. The High Court of Australia decided the current law in the case of Rogers v Whitaker (1992) 175 CLR 479 at the time of writing.
To prove a medical malpractice or negligence lawsuit in Victoria, you must show that a medical practitioner failed to provide an appropriate level of medical care. That carelessness had to have resulted in a serious injury.
The types of damages that can be claimed for compensation are limited under Victorian law. As a result, if you think you might have a claim for medical negligence, you should speak with a lawyer about your rights and options.
Service and public responsibility
The term “public liability” refers to a type of negligence that focuses on accidents that occur in public places. Those accidents may have occurred as a result of someone else’s error (or negligence).
Evidence of a relationship between the injured individual and the at-fault party, requiring the at-fault party to owe a duty of care, is common in public liability cases. You must also be able to show that the at-fault party violated their duty of care, and that the injuries were directly caused by that violation.
The Wrongs Act 1958 also governs product liability, which follows a similar procedure to public liability. In product liability cases, it must be shown that a product is defective and that the defective product caused the injury. If you believe you have a product liability allegation, you can obtain competent legal advice because the Australian Consumer Law (under the Competition and Consumer Act 2010) still applies.
Asbestos-related infections and dust diseases
In Victoria, claims for compensation for dust or asbestos disease are usually filed under the Wrongs Act 1958. A number of limits and restrictions on compensation settlements do not exist in Victoria, unlike in other areas of personal injury law.
If you think you have a personal injury claim involving a dust or asbestos-related illness, it is best to speak with a lawyer because this form of claim requires a variety of complicated legal inclusions and exceptions in law.
WorkCover lawyers Warrnambool, Claven Burdess.
If you require an WorkCover lawyer in Warrnambool, contact Claven Burdess. We offer a free case assessment.
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