Transport Accident Cases

 The other driver did not stop

Greg (not his real name) was driving his car along the Great Ocean Road. An oncoming motorcycle, on the wrong side of the road, forced Greg off the road. Greg suffered a serious injury. Justin was still able to pursue a negligence claim for Greg, even though the motorcyclist was never located.

The vehicle was not even registered

Grace (not her real name) asked if she could ride on the tractor with her grandfather. Unfortunately the tractor tipped over and Grace suffered a serious injury. Justin was able to pursue a claim where TAC paid compensation to Grace for her pain and suffering and lost earnings.

Elderly client’s claim settled with no fuss

Mary (not her real name) was in her 80’s when she was knocked over by a car reversing out a driveway. Mary suffered a serious injury but did not want to be involved in the fuss of a court claim. Justin was able to arrange for TAC to provide a serious injury certificate and early investigation of the claim led to an admission of fault by TAC on behalf of the driver with TAC then negotiating an early hassle free settlement for Mary.

Ute Surfer Compensated

Albie (not his real name) had been drinking and travelled home in the back of a ute driven by a friend. He fell off the back of the ute and suffered serious injuries. TAC said it was Albie’s fault but when Justin thoroughly investigated the claim, TAC agreed that the driver was partly at fault, and paid Albie compensation for his injuries.

Work Injury Claims

Eliza’s claim was out of time, but she still succeeded

Eliza (not her real name) was injured in the course of her employment in Victoria but she waited more than six years before asking Justin to handle her claim.  Even though there is a six year time limit to commence a negligence claim for an injury at work in Victoria, Justin was able to assist Eliza in her preliminary serious injury application and then the negligence claim so that Eliza did receive compensation for her pain, suffering and loss of enjoyment of life.

Elderly client could not remember all about how he was injured at work

Rhys (not his real name) had already retired when he asked Justin about claiming compensation for his back injury, but could not remember when the injury occurred and whether he had even lodged a WorkCover claim.  Rhys had a few other injuries as well.  After investigating the claim, Justin was able to determine that Rhys had lodged about 10 separate compensation claims over his long working life and assisted Rhys in obtaining lump sum compensation for his back injury as well as several other injuries that had also occurred in the course of employment.  All claims were settled without Rhys having to worry about going to court.

The knee was already a problem before the accident at work, but the accident made it worse

Grant (not his real name) was only 20 when he fell over at the factory and hurt his knee.  He was so upset because this was the knee that had been a problem years ago and for which he had already required two operations.  The accident at work made it worse such that Grant could not keep working and further surgery was required.  Although it was complicated and required careful checking of previous treatment records, Justin was able to assist Grant in pursuing his compensation claim resulting in Grant receiving enough compensation to set himself up for life.

Small Claims are Important Too

Bernadette (not her real name) injured her back at work and could not bend to reach her toes, and developed an ingrown toenail. WorkCover refused to pay the podiatrist fee because there was no direct injury to the toe. By referring the claim to court, Justin convinced WorkCover to pay the small podiatrist fee and pay for future treatment expenses.

No cases are too hard or too complicated

Elizabeth (not her real name) was injured at work in the factory when the handle broke on the machine.  After her WorkCover claim was accepted, Elizabeth was injured again away from work and a huge battle followed trying to convince WorkCover that the ongoing incapacity and pain was caused by the first accident.  Justin was able to engage the services of an ergonomist who analysed medical and treatment records and the accident circumstances so as to provide an opinion in support of Elizabeth’s claim that her problems were caused by the initial work accident.

Lump sum compensation even when it was no one’s fault

In addition to claiming weekly compensation and treatment expenses, injured workers can also claim a lump sum payment for permanent impairment, once the injury has stabilised.  Justin has pursued many of these claims with successful outcomes.

No Win, No Fee

In all of the above cases, Justin was able to assist clients in pursuing their claim on a No Win, No Fee basis.

* Names of clients have been changed to maintain confidentiality