State by State: What You Can Claim in a Motor Accident Compensation Case
Claiming compensation after a motor accident isn’t a simple process. Slight differences between the states of Australia make it even more complicated; just because you can claim something in one state doesn’t mean you can make the same claim in another. Here we break down some of the key differences between the states. What You Can Claim in New South Wales It’s worth noting that you’ll have rehabilitation and care provided to you (even if you were at fault) if you are ‘catastrophically’ injured. This is thanks to the NSW Lifetime Care and Support scheme. What You Can Claim in Queensland Apart from Western Australia, Queensland is the only state where being even partly at fault bars you from making a claim. What You Can Claim in Victoria Victoria’s compensation policies are the most forgiving for people who were at fault. As long as your vehicle is registered in Victoria, you can make a claim for any motor accident involving road vehicles (including public transport). If you lose a companion in a motor accident in Victoria, you can also claim funeral expenses and dependency benefits, if applicable. What You Can Claim in Western Australia If you weren’t at fault, you may also be able to add economic loss to your compensation claim at the end of the case. What You Can Claim in South Australia South Australia has the most complicated motor accident compensation policies of all the states, including a relatively narrow 6-month reporting timeframe. What You Can Claim in Tasmania Tasmania’s policies are similar to Victoria’s, though the compensation limits vary. What You Can Claim in the Northern Territory When considering making a claim after a motor accident, it’s important to know whether or not you’re actually considered eligible for compensation in your state. If you’d like a professional opinion on whether or not you can pursue a claim, please contact us for an obligation-free consultation.
Spotting speed camera locations in and around Brisbane
We all know it…it’s easy to do…but be careful…there are plenty of speed cameras planted around Brisbane! The Queensland police say that these marked speed cameras are for the purpose of catching drivers who are going beyond the allowed maximum speeds and assigned to discipline drivers so that they may follow traffic rules more closely. So, watch out! Speed cameras can spot cars from approximately one mile or 1.6 kilometres away. Once the violation has been confirmed, Queensland Transport will issue you with a hefty fine and potentially a loss of points. This may even go into your record, and unfortunately, could affect your credibility as a professional. Imagine what this might do to your job application if you’re unable to drive or even worse, have a record! The Retaliation Most Brisbanites cry foul because they see the speed cameras as mere revenue-collecting tools. True enough, there’s a significant amount of money gained by the government when one is caught speeding. The tickets don’t exactly come cheap. However, authorities insist that this is not for revenue but for discipline. After all, they would not be issuing tickets in the first place if not for violators who liked to challenge the law. Cameras are spread all over the city. It would be impossible to avoid speeding tickets just by avoiding speeding in particular areas. Still, these are the marked cameras one should watch out for: There are also mobile speed cameras in police vehicles and these are planted in different spots all over Brisbane. This is the reason why it’s useless to just take note of the speed camera locations in the city and follow traffic rules only when you’re in these areas. It’s still better for you to follow the speed limits no matter where you may be. How it affects your insurance Traffic violations are often looked into when you are trying to stake a personal injury claim. Your insurance company will not support your claim if you have gained a reputation as a frequent traffic violator. Be a good driver and make these things work for you.
Road Safety During the Commonwealth Games
With the Commonwealth Games approaching, Southeast Queensland is bracing for traffic chaos. Set to take place over 12 days in April, the games will attract more than 600,000 visitors to the Gold Coast (according to the Queensland Government). While hosting such a big sporting event is a source of pride for the Gold Coast, much of the city will have to deal with disruptions on the road. If you’re trying to avoid the chaos, we can tell you everything you need to know about road safety during the Commonwealth Games. Access to the M1 The M1 is the main arterial road between Brisbane and the Gold Coast. Since many Commonwealth Games attendees either live or plan to stay in Brisbane, this stretch of highway will be busier than usual throughout much of April. The M1 has undergone several changes to make way for the extra traffic, including: If you’re trying to avoid getting stuck in traffic on the M1, you could take public transport instead. Road Closures Temporary road closures will be rolled out across the Gold Coast during the Commonwealth Games. There’s nothing worse than dealing with standstill traffic while trying to go about your business, so it’s essential to stay on top of traffic conditions in your area. Make sure you’re up to speed by reviewing road closures for the following events: Other events involving road closures include the Queen’s Baton Relay and the Festival 2018. With so many thoroughfares being shut down throughout the city, take extra care when planning journeys around the Gold Coast during the Commonwealth Games. Local Permits If you’re a resident or business owner on the Gold Coast, you may be able to apply for a special permit to ensure you can maintain access to certain streets during the Commonwealth Games. Find out if you qualify by checking the City of Gold Coast website. Of course, no matter how carefully you plan your trip or try to stay away from less-than-ideal traffic conditions, some motor vehicle accidents are simply unavoidable. If you’ve been involved in an incident on the road (regardless of whether it was related to Commonwealth Games congestion), contact Sinnamon Lawyers today.
Road Rules – do you need a refresher?
There’s been some discussion lately around the place about how badly people are driving on the roads now…people not giving way when merging, driver aggression, poor road sense…so we thought we’d all take a little refresher when it comes to what to do on the road…are you up for it too? Queensland Transport has an excellent online skills test where you can practice if you are learning to drive, or like us, want a road rules refresher. You can check it out here – Queensland Transport Practice Road Rules Test Although some of the diagrams seem basic at first, they certainly get you thinking about who has to give way. We’re pleased to report we all passed the test! At Sinnamon Lawyers, we see some tragic circumstances everyday, where people have suffered loss and sustained injury. Sometimes we all take driving for granted, but we believe it’s a privilege to be awarded your license and to have a car, so use it wisely, be aware and use care.
Rehabilitation after an accident
Car accidents are almost always events that cause trauma to a person in one way or another – whether it is emotionally, financially or physically. Whilst financial damage can be difficult to deal with in the short term, it’s the emotional and physical damage that often stays with us long after the accident has passed. There are many injuries that can occur as a result of a car accident but it’s the little ones that tend to be overlooked that we carry through our lives – fortunately however, with the proper care shortly after the accident has occurred, these less severe injuries (severe bruising) can often fade along with the memory of the unfortunate event. Here are our top tips on rehabilitation following a car accident: – Seek the advice of your GP. It’s of vital importance to pay a visit to your GP very soon following your involvement in an accident – whether you know you’ve been injured or not. Your GP may be able to tell you if you have some underlying injuries that may not have surfaced yet. – Seek the attention of a physical therapist as soon after the accident as you can. They will help to identify potential injuries youmay have overlooked and deal with them before they become an issue. Remember that the longer you delay treatment, the harder it can become to get back to normal – Get some massage therapy. No longer just a tool for relaxation, massage therapy can not only assist in aiding a speedy recover from your injuries, it also clears the lymphatic system of toxins stored as a result of trauma. Think of it as killing two birds with one stone – you’re receiving healing literally for both body & mind. – Seek the attention of a Psychologist or Counsellor. Never underestimate the power the mind has over the body. If your injury is more severe (think broken bones/internal damage) the emotional scars can significantly delay the physical recovery. By seeking emotional therapy, one is often able to move past the event with relative ease in their own mind, leaving them free to focus on healing the physical body. Car accidents can leave you feeling lost in limbo but if you are able to receive the proper care soon after the accident has occurred, more often than not, you will be able to go on living the full life you once led. If you need help with claiming for personal injuries after an accident, Sinnamon Lawyers is always here to help. Call us on 1800 007 277 or contact us through our website.
Reducing the chance of a public liability claim at your next party
Hosting a party for a birthday or any other occasion can be a lot of fun. However, it is important that both you and your guests are safe at all times. If an injury occurs on your private property, you may be made responsible in a public liability claim for a breach of duty of care. It is important that you keep everyone safe to the best of your ability while they are on your premises. Below are just some ways you can make this happen. 1. Tie things down This means anything that could be knocked down or tripped over. This could be things like microphone and light stands, portable gazebos or anything with small poles and ropes that could get tangles or be tripped over. Weigh them down with sand bags and make sure pegs secure them to the ground if possible. 2. Put up signs Signs can be used for a number of things – potentially hazardous areas, where the toilet is, where to get water and more. In order to avoid someone getting injured on your property, clearly sign these kinds of areas so your guests know what to avoid and where to go to avoid dehydration or any other accidents that may lead to injury. 3. Keep popular areas clean and dry Dance floors, tables, bathrooms and anywhere that people may be walking or running around should be kept dry and clean. Slip and fall claims are one of the most common types of public liability claims made, so it is vital to keep high traffic areas clean and dry so that no one slips on wet floors or trips over objects. 4. Register your party Register your party with the police through the Party Safe program. http://www.police.qld.gov.au/programs/cscp/personalSafety/youth/partySafe/ Although this doesn’t protect you from a public liability claim, it does mean that the Police have all the details about your party so if any problems arise it can be dealt with in a quick and efficient manner. If, despite these measures, something does happen at your party and you need to make a claim you can call us on 1800 007 277 for an obligation free consultation about your claim.
Recovering from Whiplash
Getting your life back on track after sustaining whiplash can be a long and hard road. Whiplash injuries often result in chronic pain and reduced mobility, making it difficult to perform everyday tasks. If you’re suffering from this type of injury, this overview of the whiplash recovery process will help you get back on your feet. What is whiplash? Affecting the neck and upper back, whiplash occurs when the head gets jerked backwards and forwards suddenly. This movement strains the muscles and tendons in the neck, resulting in soft tissue damage. People with whiplash often find it difficult to turn their head without experiencing discomfort. Your neck may feel stiff and painful after you’ve sustained whiplash, and sufferers often report having a headache at the base of their skull. In some cases, whiplash injuries can worsen with time. Your neck may only start to hurt several hours or even days after the accident. This delayed onset can complicate the process of diagnosing a whiplash injury, as it may take you a while to realise how badly you’ve been hurt. Whiplash Treatments If you’ve sustained whiplash, taking the following steps can help minimise the severity of your injury: In addition to these initial treatments, physical exercise can help speed up the whiplash recovery and healing process. Once your injury has been assessed by a doctor and you have medical clearance to begin rehabilitation, doing gentle stretching exercises can help reduce the stiffness in your neck. By moving your head a little more each day, you should eventually regain full mobility. Whiplash Recovery Time Minor cases of whiplash usually get better on their own after a few weeks, but more severe cases can take months or even years to fully heal. In cases where the pain doesn’t subside after 6 months, you may have chronic whiplash. Treated with muscles relaxants and physical therapy, chronic whiplash can make it difficult to do anything that involves physical movement. This can make it difficult to earn income and cover your medical expenses. If your whiplash injury was caused by negligence, you may be able to claim compensation. Contact Sinnamon Lawyers to learn more about your legal options.
Queensland Road Rules for Cyclists
On our roads in 2014 alone there were 45 fatalities involving cyclists in Australia. Cyclists are obviously fully aware of the risks they take when travelling on populated roads alongside motor vehicles however sometimes the danger of cycling on our roads is out of their control. Outside factors can cause great danger to cyclists, some of which include other motorists on the road and unavoidable objects on the road such as parked cars. Thankfully, the Queensland Government has recognised the risks that cyclists are faced with on a day to day basis and have implemented new rules to ensure the safety of all cyclists on our roads. One of the most important rules that has been introduced is to leave at least a 1 metre distance between your vehicle and a cyclist when travelling under 60km/h and a 1.5 metre distance when travelling over 60km/h. This is to reduce the risks of cyclists being hit by motor vehicles. The penalty for ignoring these distances is not only the loss of 3 demerit points but is also a $341.00 fine. However, if the matter goes to court a maximum fine of up to $4,554.00 can apply. In addition cyclists are now allowed to ride across a zebra crossing, ride through a single lane roundabout and it will be optional to ride in the bicycle lane. These new additions have been created to avoid any confusion among cyclists and motorists and to ensure the rules are consistent with the rules that motorists abide by. Cyclists still must abide by the regular road rules that all motorists abide by however they also must ensure they are wearing the correct safety gear and their bike is fully equipped and legal to ride. Cyclists must wear a helmet and have at least one hand on the handle bars at all time when travelling. They also must ensure that their bike is equipped with certain visibility equipment when riding at night time to ensure their safety and so that they are visible to other motorists on the road. Further details of these rules and requirements can be found on the Department of Transport and Main Roads website. In light of all the above mentioned rules and regulations the Queensland Government have asked that all motorists keep in mind the following tips with respect to cyclists when travelling on the road: Next time you are on the road be sure to be aware, have patience and consideration for all and stay wide of any cyclists that you may pass in your travels. If you or someone you know has been injured in a motor vehicle accident, give Sinnamon Lawyers a call on 1800 007 277 so that we can discuss your options with you.
Queensland Black Spots – Dangerous Destinations On The Queensland Road
According to past AAA (Australian Automobile Association) studies of Australia’s many highways, Queensland is one of three places in Australia that have the most dangerous roads. The medium to high-risk roads in Queensland include: If you have been in a road accident in Queensland and have suffered from any form of personal injury, feel free to contact Sinnamon Lawyers for legal assistance.
Progressing a Personal Injuries Claim
We are often asked by our clients how they can assist to progress their personal injury claim to settlement. While every situation is unique and each personal injury claim progresses in a different way at a different pace, we believe the following five points are likely to apply to each claim for personal injury: It is imperative to keep your solicitor up to date with your contact details. If you move house or change telephone numbers you should contact your solicitor as soon as possible to provide this information. There are many documents that will need to be provided to your solicitor as part of your personal injury claim. Sometimes these will be things you need to gather and provide for copying, obtain certified copies of or provide authorities to obtain from a third party. When your solicitor sends you a form, authority or other document you should complete it as directed and return it to your solicitor as soon as possible. At many points during a personal injury claim your solicitor will be interested in the details of treatment you have received, are currently receiving or are planning to undertake as well as the details of the doctors and therapists. It is particularly helpful if clients have detailed records of this information as then it can be readily drawn upon to make decisions about the progression of your personal injury claim and which service providers to obtain records or reports from. In order to evidence your claim for personal injury, it is likely need to be assessed by one or more experts chosen by your solicitor as well as experts who have been asked by the respondent to assess you. These appointments are often made quite some time in advance because the experts who complete the assessment and prepare a report are well regarded in their field and booked out months in advance. It is extremely important that you attend these appointments as cancellation for any reason generally within 14 days of the appointment incurs a cancellation fee which can be costly, running into the thousands of dollars. It is very important to provide to your solicitor the details of your employment or source of income in the years prior to and the time subsequent to the accident or incident that led to your claim for personal injury. There are many reasons that this information is important including calculating a component of your claim for personal injury and to show that you have mitigated your loss. Ultimately, communication with your solicitor is exceptionally important during your claim for personal injury and timely communication will assist in avoiding unnecessary delay. **The above is not intended as legal advice. You should seek the advice of your solicitor about your personal injury claim and the progression of your unique claim.** Contact Sinnamon Lawyers today if you would like to discuss a personal injury claim.
