Negligence Law and Lawyers

Negligence Claims

The law of negligence applies to many areas of the law. People can suffer from someone elses negligence at work, on the road, or in public. If you have been injured at work on the road or in public, please see our other legal areas, in particular, Workers Compensation, Motor Accident Compensation and Public Liability Compensation.

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.

Broadly speaking negligence claims can be broken up into the following two main areas:

  1. Medical Negligence;
  2. Professional Negligence; and
  3. Other Negligence Matters.

Medical Negligence

Medical negligence claims involve claims against doctors, dentists, hospitals, nurses and other healthcare and medical providers. For more information please see our medical malpractice page. Medical malpractice or medical negligence claims can involve the following claims:

  • birth injury claims
  • pregnancy and maternal injury claims
  • spinal injury
  • adult brain injury
  • surgery claims
  • cancer claims
  • claims for misdiagnosis
  • cosmetic surgery claims
  • sports injury claims
  • eye treatment claims
  • claims against GPs
  • accident and emergency claims
  • inquests and claims following death
  • hospital negligence claims
  • dental/dentist negligence claims
  • negligent nursing claims
  • negligent medical advice claims

Professional Negligence

Professional negligence claims generally involve claims against professional workers and can involve claims for negligence against bankers, architects, surveyors, estate agents, solicitors, accountants, brokers, patent agents, trade mark agents, financial advisers, doctors, other healthcare professionals, auditors, auctioneers, computer consultants and any other advisor whose advice complained of was given in a professional capacity.

Generally speaking, the requirements for making a successful claim in negligence are:

  • the existence in law of a duty of care situation (i.e one in which the law attaches liability to carelessness);
  • there has to be recognition by law that the careless infliction of the kind of damage complained of on the class of person to which the claimant belongs by the class of person to which the defendant belongs is actionable;
  • breach of the duty of care by the defendant (ie. that the conduct complained of fails to measure up to the standard set by law);
  • a causal connection between the defendant's careless conduct and the damage;
  • that the particular kind of damage to the particular claimant is not so unforeseeable as to be too remote.

When these 4 requirements are satisfied, the defendant is liable in negligence. Only then is it relevant to consider the assessment of damages, that is, the compensation for the damage for which the defendant is responsible.

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.

Negligence Law and Examples of Negligence

Negligence is the failure to use reasonable care. That is, negligence is measured against what a reasonable person would have done under the same or similar circumstances. This can include a wrongful act as well as not doing something. Negligence claims can range from someone not mopping up a spill on the floor to a professional not providing proper professional advice (also known as professional negligence).

If you are injured or have suffered damages because someone else acted in a negligent manner, you may have a cause of action, or a lawsuit, against the person who acted unreasonably.

Strict time limits apply for matters involving negligence. You should seek legal advice as soon as possible. So don't delay - complete our fast, free Legal Enquiry Form NOW!

Elements of Negligence

Apart from that already mentioned above, generally speaking, for negligence to be established, the plaintiff must be able to prove that:

  • there was a duty of care,
  • that this duty was breached, and
  • that this breach caused the injury.

Forms of Negligence

There are many forms of negligence. Some examples of negligence can include, but are not limited to:

  • a manufacturer breaching their duty of care by providing a defective and unsafe product. For example, a person buying a cereal box and finding glass in the box.
  • a driver breaching their duty of care to drive safely on the road. For example, a driver running a red light.
  • an employer breaching their duty of care to provide a safe workplace and ensuring the right safety measures are in place. For example, an employee injuring their back trying to lift a heavy box.
  • the owner of a shopping centre breaching their duty of care to provide a safe place for you to shop. For example, a customer tripping over a broken tile.
  • a doctor breaching their duty of care in providing the wrong medical advice and treatment. For example, a doctor prescribing the wrong medicine.

If you have been injured or suffered property damage due to someone else's negligence, then you are entitled to make a claim for compensation.

The purpose of compensation is to compensate you for the following possibilities:

  • Loss of earning capacity
  • Physical disabilities and medical problems both now and later on in life, when you get older
  • Medical and hospital costs
  • Attendant care and rehabilitation costs
  • Damaged or destroyed personal property
  • House and motor modifications to accommodate your injuries
  • Dependant spouse and / or dependant children
  • Other compensation entitlements, damages and loses

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.

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Negligence Law and Lawyers News

NEWS & FURTHER INFORMATION - NEGLIGENCE LAW & LAWYERS

NEGLIGENCE CLAIMS

In making a negligence claim, a person injured in an accident often alleges that the defendant was negligent in some respect, and that such negligence led to the accident and injury.

Courts may, from time to time, have put forward slightly varying versions of the legal definition of negligence but the basic idea is that a person is negligent if he fails to do something a reasonable person would have done, or if he does something that a reasonable and prudent person would not have done.

In real life situations, the law applies the concept of negligence together with the related concept of duty of care to resolve questions about who takes legal responsibility for an accident and injury.

What is Negligent Behaviour in the Eyes of the Law?

In systems of common law, the term ‘negligence’ is mostly used in connection with claims for monetary or financial compensation for physical or mental injuries suffered in accidents caused by careless or negligent behaviour on the part of others.

Negligence is not the same as carelessness, because a negligent person may in fact be acting with as much care as they are capable of exercising. Negligence is definable as the opposite of diligence in that it falls short of behaviour that a person could expect from another who would act to protect other people from foreseeable risks.

Through the legal procedure of making personal injury and accident claims, a person who has been injured can show that they were injured as the result of another person’s negligence. They are able to recover damages in the form of compensation from the negligent individual. This compensation can cover any injury or damage caused to the person; physical, mental or financial.

What are the Benefits of Hiring a Negligence Solicitor?

If you feel you have suffered or been involved in an accident that was a result of another’s negligence, you should consult a solicitor to find out if you are entitled to compensation. There are great numbers of specialist solicitors, independent, or belonging to a firm, who would love the opportunity to get you the money you deserve.

It is important that you find a solicitor who specialises in the area of negligence claims that your case falls into. For example, if you want to issue a medical negligence claim because your dentist overlooked the cause of the problem, you want a solicitor who is going to be able to fight for your case with expertise and experience.

Professional Negligence Disputes

Disputes about negligence in professional work environments are not as uncommon as people may think and are usually the result of improper conduct. They are often serious in nature and may result in litigation but it is always better if the dispute is setlled prior to court.

It is wise for a client who fears they have been given false advice or have been provided with an inadequate service, that they contact one of our professional negligence dispute solicitors, who is guaranteed to be experienced and knowledgeable in this area.

Important Concepts in Negligence Claims

Duty of Care

In Australia, people have a duty of care towards each other to ensure that people are protected from risks and injuries that could have been prevented. A duty of care exists between two people when the potential harm is deemed ‘reasonably foreseeable’ to the other person. There must be a close relationship between the two people and it must be fair and reasonable for the duty to exist.

Breach of Duty

Once it has been shown that a person had a duty of care towards another person it must be proven that the person has breached or neglected that duty.  A person who causes harm to another by posing risks to other people and their property has breached their duty of care.

Burden of Proof

It is essential that the claimant is able to prove the other person’s responsibility in causing the problem and did truly demonstrate negligent behaviour.

If you would like legal help regarding a matter involving negligence, then please complete our free legal enquiry form.

Different Types of Negligence Cases

There are different types of negligence claims in the Australia. Each case is different depending on the nature of the complaint, the severity of the incident and who it involves. This page offers you information about different negligence claims and has links to other pages with more detailed information on each type of negligence claim.

Medical Negligence

In a case of medical malpractice or clinical negligence, it is required for the unsatisfied patient to demonstrate their Doctor’s incompetence through evidence. It is important for the judge to be able to compare the case to other Doctors’ proper conduct in order to ascertain whether the case and patient in question deserves compensation.

Professional Negligence


Professional negligence is definable as the type of negligence claim where a professional person, for instance, a Doctor, who leads you to believe they possess skills appropriate and expected for the specific role, when in actual fact they do not. Issuing a claim against a professional is simple if you find the right solicitor.

Criminal Negligence

Criminal negligence cases vary from case to case. There are minor criminal negligence cases, where an individual has been accused of being reckless to the extent of putting another’s life in danger without serious results. Alternatively, there are more serious negligence cases, such as drunk driving. Criminal negligence cases such as this could result in death and an individual could be charged with gross negligence.


Educational Negligence

Cases in educational negligence are not as common as the above negligence cases. This may be due to the fact that they are more costly and time consuming for both parties. It is desirable for a dispute involving an educational institution to be settled outside of court through a method of alternative dispute resolution (ADR). However, if the individual who feels they have been affected by the educational provider’s negligence, it is advisable to consult a specialist solicitor who will advise and guide you through making a claim.

Contributory Negligence

In a contributory negligence case, the individual who makes the claim for compensation is accused by the other party of being party responsible for the incident in question. This type of negligence case is common in road traffic accidents, where one party does not feel solely responsible for causing the accident.

If you, or someone you know, has suffered due to negligence then please complete our free online legal enquiry form on the left, or click here.


Negligence and compensation

Negligence compensation claims arise when someone has not taken the correct reasonable care. Negligence often proves to be the cause for personal-injury claims. If you suffer some sort of detrimental injury, you may well be entitled to negligence compensation. However, there are certain legal criteria which must be satisfied in order to prove negligence, and therefore receive compensation. If you have suffered an injury caused by the careless behaviour of another, you may be entitled to negligence compensation, and you will be more likely to succeed in your case with the help of a specialist solicitor.

The amount of negligence compensation depends on the injury which has been suffered. The amount will be determined by the amount of economic losses suffered, which may include potential loss of earnings and medical expenses as well as non-economic losses such as pain and suffering. As with most types of law, the case law relating to negligence is vast. Furthermore, there are many different types of situations in which negligence compensation may be available. Sports injuries, car accidents, medical-negligence claims and accidents at work are just a few of the examples.

Personal-injury lawyers who deal with claims for negligence must have detailed knowledge of the area and provide access to justice whilst ensuring they maintain the fairness of the judicial system. For this reason, it is important that if the situation arises where you may wish to claim negligence compensation, you obtain legal advice from a specialist personal injury solicitor.

If you would like to obtain legal advice on negligence, we can put you in touch with a local specialist negligence lawyer, free of charge. To requestlegal help regaring a negligence law matter, please complete your free legal enquiry form on the left.


TYPES OF COMPENSATION CLAIMS


If you have been involved in an accident of any description that was not your own fault and you have suffered a personal injury as a result, you may be entitled to make a personal injury compensation claim.

Whiplash Injury – Whiplash injury affects the tendons of the neck, muscles nerves and can cause a great deal of pain. If you have suffered whiplash due to a car accident whether you were the driver or the passenger you could be entitled to a substantial amount of compensation.

Back Injury – Back pain can be defined as acute or chronic. If you have suffered a back injury that wasnt your fault, you could be entitled to compensation.

Road Traffic Accident – What ever type of traffic accident you may have been involved in whether it is minor or more serious, you can obtain free impartial advice on whether to make a claim for personal injury compensation.

Crush Injury – A crush injury is when a part of the body is crushed between two on more objects. If you have had a crush injury that was not your fault then you could be entitled to make a personal injury compensation claim.

Construction Accidents – Most construction accidents that happen in the workplace could have been avoided if the company had followed the legal health and safety regulations. If you have had a work related accident causing a personal injury then you could be entitled to claim compensation.

Animal Attack Injury - If you have been attacked by an animal and sustained injury as a result, regardless of whether the injuries were either physical or physiological, you could be entitled to a compensation claim.

Car Accident - If you were injured as a passenger, pedestrian or driver as long as the incident was not your own fault, you should be entitled to claim compensation.

Motorcycle Accident - If you have been involved in a motorcycle accident, you were the rider or the passenger, as long as the accident was not your fault, you should be entitled to make a compensation claim.

Work Accident - Employers have the duty to make sure that their employees carry out the job function within a safe environment. Employers have to follow strict health and safety regulations. If your employer fails to comply with these regulations, your case for compensation will be much stronger.

Public Place Accident - If you have had an accident in a public place whether it was on an uneven pavement, footpath or in a public building like a shopping centre, swimming baths or restaurant you maybe entitled to claim compensation.

Slip, Trip or Fall - If you slip, trip or fall on an uneven pavement then your local council will be liable as they have a legal duty to make sure the pavement or street is in a good state of repair.

Head Injury - The personal suffering sustained from a head injury can be caused by a number of different circumstances like an assault or an impact to the head. Also the type of head injury can be from mild to severe. Providing that the incident was not your own fault, you should be entitled to claim compensation.

Medical – Medical Negligence is where an injury or death was caused by the negligence of a medical professional. If you or someone in your family have been injured or died, caused by incorrect medical treatment, then you or your immediate family may be entitled to make a compensation claim.

Types of accident compensation claims

To read more about our depth of knowledge and experience in dealing with your type of accident claim, please click on one of the personal injury claim types below:

Accidents at Work

We handle compensation claims for accidents at work, including assaults at work, accidents on construction sites, falls from heights and your rights when working whilst pregnant.

Asbestos Related Claims

Negligent exposure to asbestos dust and fibres can result in a number of asbestos-related diseases including mesothelioma, asbestosis, pleural thickening, and asbestos-related lung cancer.

Harmful Substances

Exposure to harmful substances can occur in both industrial and domestic situations, often affecting large numbers of people. Personal injury lawyers can help with claims for compensation following this type of injury, including those that can be brought by a group of claimants, known as class action claims.

Industrial Diseases

Industrial injuries, such as vibration white finger, dermatitis and industrial deafness, as well as the many forms of asthma and other respiratory conditions that can be induced by exposure to harmful substances.

Injuries at Work

We handle compensation claims for injuries at work, including assaults, construction site accidents, falls from heights and information about working whilst pregnant and your employers duty of care.

Medical Negligence

We handle all types of medical and clinical negligence injuries from those suffered during pregnancy and the birth of your baby, to negligence during surgical procedures leading to serious injury or even death.

Military Claims

Military Cliams can be complex and require specialist knowledge to ensure an accident claim is dealt with in the appropriate way. For example, “combat immunity” may apply if you are injured during active operations. However, you may still be able to make a claim.

If you were injured in a non-combat situation due to the negligence of a section of the armed forces, you may be able to bring a claim in the usual way. Personl injury lawyers have in-depth experience of dealing with these types of claims.

Product Liability

Product liability covers a number of areas of consumer law. It includes injuries resulting from defective products and faulty goods such as, Orthopaedic Aids and injuries caused by Pharmaceuticals such as allergic reaction to cosmetics. It also covers injuries caused by the failure of implants or products regulated by the Medicines and Healthcare Products Regulatory Agency.

Public Liability

Public liability relates to the duty of care that must be provided to protect members of the public against accident or injury by those responsible for the premises where the accident occurs. The types of accidents are many and varied, but may include slips, trips or falls in public places such as the public highway, public squares and parks or amusement parks.

Road Traffic Accidents

People injured as the result of a road traffic accident may include the driver, passengers, motorcyclists, cyclists, pedestrians, or several of these in the same road accident.

Serious Injury

A serious injury can occur as the result of any of the above listed personal injury claim types. In some instances, they can of course be fatal and personal injury lawyers have extensive experience in dealing with the families of those seriously or fatally injured to ensure they receive their rightful accident compensation.

If you believe you have a claim for compensation and would like a lawyer to help you, then please complete your free legal enquiry form on the left.

Negligence Law and Lawyers Updates

If you have suffered an injury in an accident, however major or minor your injuries, then you should consider the possibility of making a compensation claim at law.

Basically if someone (or something) else was, at least in part, responsible for your injury then you have a possible personal injury claim.

To find out if you can claim compensation due to someone's negligence, please complete free legal enquiry form on the left.

Any type of incident could give rise to a legal claim for compensation.

Some of the most common are :

• Accidents at Work
• Slipping/Tripping accidents
• Accidents in your car
• Incompetent treatment by a GP or in hospital
• Motorbike accidents
• Shoddy work by a dentist

If you believe you have a claim for compensation arising from someone's negligence, then please complete a free legal enquiry form on the left to request legal help from a compensation lawyer.

Personal Injury compensation claims include:

  • Accidents in Public Places
  • Asbestos Related Illnesses
  • Claim Information and Accidents
  • Hazardous Substances Claims
  • Industrial Diseases
  • Medical Negligence Claims
  • Military Accidents
  • Personal Injuries
  • Product Liability Claims
  • Road Traffic Accidents
  • Serious Injury Claims
  • Workplace Accidents
  • Brain Injury from Medical Negligence
  • Child Brain Injury
  • Criminal Injury Claims
  • Head Injury - Professional Negligence
  • Head Injury Abroad
  • Head Injury in a Public Place
  • Head Injury at Work
  • Head or Brain Injury from a Road Traffic Accident
  • Military Head Injury Claims

If you believe you have a claim for compensation arising from someone's negligence, then please complete a free legal enquiry form on the left to request legal help from a compensation lawyer.

Most personal injury lawsuits are based on negligence. This is easily explained. Everyone makes mistakes, and mistakes often amount to negligence. Furthermore, many people are insured against their mistakes. They have automobile insurance and homeowner's insurance; businesses carry general liability insurance to cover such misfortunes as slip and fall injuries by patrons.

Certainly, people sometimes cause harm intentionally. As a practical matter, though, relatively few lawsuits result from intentional torts because insurance coverage is generally not available for intentional wrong acts. Automobile insurance and other types of insurance provide the "deep pockets" into which personal injury plaintiffs can reach for compensation.

Negligence is the Failure to Use Reasonable Care Under the Circumstances

The tort of negligence amounts to the failure to use reasonable care under the circumstances. The elements of negligence are:

•Duty - the obligation to use reasonable care to avoid injuring the plaintiff.
•Breach of duty - the failure to use reasonable care.
•Proximate cause - legal responsibility for bringing something about.
•Harm - actual loss or damage that results from the failure to use reasonable care.

Some torts, such as defamation, can be committed either negligently or intentionally.

Compensation for Negligence Means Recovering Money for Economic and Non-Economic Losses

A plaintiff with a negligence claim may recover compensatory damages—money intended to compensate for the actual losses suffered. Compensatory damages cover economic losses such as present and future medical expenses and costs of property repair. Plaintiffs may also recover for non-economic losses such as pain and suffering. Punitive damages, awarded over and above compensatory damages and intended to punish the wrongdoer, are not available for simple negligence.

Personal Injury Compensation for Intentional Harm

Intentional torts include such wrongs as battery, assault and false imprisonment. The intentional torts all have various elements, but they share the common element of intent. In a negligence case, the defendant has failed to conform to a particular level of reasonable care, thereby creating an unreasonable risk of harm. In an intentional tort case, the defendant either wanted to harm the plaintiff, or knew there was a substantial certainty that his or her act would harm the plaintiff.

Compensation for Intentional Torts Includes Compensatory and Punitive Damages

The plaintiff in an intentional tort case may recover compensatory damages for his or her losses. Additionally, because the defendant often acts with malice in committing an intentional tort, punitive damages are usually available. Many intentional torts are also crimes for which the government may prosecute the perpetrator.

Strict Liability is Liability Without Fault for Engaging in Inherently Dangerous Activities

Strict liability applies when a person is engaged in an inherently dangerous activity, such as using explosives or keeping vicious animals. A person who engages in such activities is subject to liability for any harm that results even if the person took great care to prevent harm from occurring. The plaintiff need not prove the defendant acted unreasonably or with the desire to harm her.

Strict Product Liability Applies to Defective Products

Strict liability may also apply in the case of defective products. The rationale behind strict product liability is that anyone who places a defective product into the stream of commerce - from designers to manufacturers of component parts to retailers and anyone in between - can be held liable if the product injures someone.

Compensation for Strict Liability

In a strict liability lawsuit, including a product liability lawsuit, a plaintiff may recover compensatory damages for actual harm caused by the defendant's dangerous activity. Additionally, punitive damages may be possible if the plaintiff can show the defendant acted with malice in allowing the injury to occur.

A plaintiff who believes he or she has a personal injury claim should contact a personal injury attorney immediately. Most jurisdictions place time limits on bringing a personal injury lawsuit.

Case Review: 10 important medical cases since Jan 16

Thu, 16 Mar 2017 06:08:55 +0000

I today presented a paper at conference providing a review of 10 recent Australian medical law cases since January 2016, which I found interesting. Cases reviewed were: Coote, Bigg, Morocz, Westcott, Martin, Pierce, Sorbello, McManus and Stefanyszyn and Wright. Although only a single Judge decision, I particularly noted the WA District Court Judge Sweeney’s decision...… Continue Reading

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Public Hospital Restructure (again!)

Wed, 06 Jul 2016 09:20:11 +0000

It is no doubt my age..  but I have an acute sense of deja vu! As from 1 July 2016, we have ‘reverted’ to the old scheme of Boards of Management running our major hospitals (and geographic areas).  See the Health Services Act 2016 + the 30 June 16 Government Gazette. The consequence, if I...… Continue Reading

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Ian Harris’ book: whistle blown and common unnecessary operations listed

Sun, 13 Mar 2016 07:28:29 +0000

I read with interest the article in last weekend’s Sydney Morning Herald concerning Ian Harris’s recent book. In the interests of full disclosure, Ian is an orthopaedic surgeon from whom we commonly seek advice, as an independent expert to review and comment on orthopaedic cases we are investigating. He strikes me as a sensible and...… Continue Reading

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Fatal Accidents (which aren’t accidents) : the ‘missing’ claim

Sun, 07 Feb 2016 06:55:56 +0000

Coincidentally, in month or so before Christmas I have handled pre-trial settlement negotiations in relation to 2 similar cases, in the sense they both involved negligence allegations which it was claimed had led to the death of my clients life partners (in old fashioned speech: wives..). Although the background and issues with the medical care...… Continue Reading

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An example of the dangers of self-representation

Wed, 06 Jan 2016 04:02:25 +0000

My impression is that there has been an increase in recent times of cases presented before our District Court in which claimants have represented themselves, without a lawyer. A sobering example of the dangers of this course, is the New South Wales Supreme Court’s recent decision in Fan -v- South Eastern Sydney Local Health District (No. 3) [2015] NSWSC 1620....… Continue Reading

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Caesarian v Natural Delivery : the debate continues

Wed, 17 Jun 2015 00:29:09 +0000

I read with interest the recent article in The Guardian provided an update as to the ever escalating rate of cesarean section births in Australia. The article makes all of the well-known [predictable?] arguments in favor of natural delivery. It is true, the divergence between cesarean section rates in Australia and the World Health Organization’s...… Continue Reading

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Time Limit for a Medical Negligence Claim: Court of Appeal generous as to extensions

Fri, 10 Apr 2015 10:26:47 +0000

Western Australia’s Court of Appeal in its decision AME Hospitals PTY, Limited v. Dixon [2015] WASCA 63, delivered on 27 March 2015, confirmed, particularly relevantly in the medical negligence claims area, significant scope for persons to bring claim outside the basic 3-year time limit for such claims arising since November 2005 and the introduction of the Limitation...… Continue Reading

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UK adopts Rogers + ‘patient driven’ test about risks disclosure for medical treatment

Mon, 06 Apr 2015 03:40:43 +0000

The UK has recently altered its position in relation to the important question of a doctor’s obligations to warn their patients concerning risks of treatment. Preceding the decision in Montgomery v. Lanarkshire Health Board [2015] UKSC 11, delivered on 11 March 2015, the UK had long maintained its acceptance of the so-called Bolam principle, reiterated...… Continue Reading

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Mules v Ferguson: peer defence overturned + patient wins!

Mon, 02 Mar 2015 01:19:55 +0000

I read with interest the Queensland Court of Appeal’s recent decision in relation to this matter. The Court of Appeal by a 2:1 majority overturned the trial judge’s earlier rejection of this medical negligence claim. The case involved allegations of negligence against a general practitioner for failing to refer a patient ultimately found to suffer...… Continue Reading

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delay in cancer diagnosis: consequences unpredictable

Wed, 25 Feb 2015 00:47:04 +0000

I read with interest recent medical literature, reporting on research at Johns Hopkins, emphasising the role of a 3rd factor in cancer incidence. Debate has traditionally focussed on the ‘environmental -v- hereditary’ nature of many cancers.  New research, as reported, has confirmed that ‘luck,’ bad or otherwise, appears to be an even more important factor.  Random...… Continue Reading

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These news come from West Australian Medical Negligence Law Blog.

Trial Exhibits: Numbered or Alphabetical? Does It Really Make a Difference?

Fri, 13 Oct 2017 07:40:00 EST

The answer is "Yes," it does make a difference.

You might think "Who cares about trial exhibits and what you call them?"
Ah, let me tell you why it's important...

In every trial, we need to use exhibits.
We have medical records we need to get into evidence.
We have anatomical models that medical experts will use to explain your injuries.
We often have photographs that the jury needs to see.

We have enlargements that the jury can follow as a witness reads from a piece of paper.
We have transcripts that must be read from.
We have drawings that will be referred to.

It doesn't matter if it's a medical malpractice trial, an accident case or even a wrongful death case that goes to trial.
Every case involves exhibits.
So let me ask you this question...

Let's say an attorney wanted to show a photograph to a witness.
"Mr. Jones, I'd like you to look at this," he says and hands it to the witness.
"What is that, that I just handed you?" the attorney says.
"Uh, it's a photograph," the witness says in a confused tone.
"Great. What's it a photograph of?"
"The accident scene," the witness replies.

Let's say the attorney has ten photographs showing different views of the accident scene and wants all of them introduced into evidence.
If an appeals court were to read the transcript a year from now, how would they know what "This" or "That" refers to?
We know these are all photographs, but we don't know which ones the witness was talking about as he described what happened.

That's why it's vitally important for every exhibit that we use at trial to be identified.

"Your honor, I'm showing my client a photograph of the accident scene. Can I have this marked for identification please?"
"Of course," the judge says. "Mark it as Plaintiff's 1 for identification," the judge says.
"Mr. Jones, I'd like you to look at this photograph of the accident scene that has been marked as Plaintiff's 1 for identification. Have you ever seen this photo before?" the attorney says.

Now, everybody in the courtroom understands the witness is talking about this one particular photograph.
"Your honor, I'd like this next photo marked for identification as well," your lawyer says.
"Very well. Mark it Plaintiff's 2 for identification," the judge says to the court reporter.

"Mr. Jones, take a look at this next photo, marked Plaintiff's 2 for identification, does this show a different view of the accident scene compared to the photo marked as Plaintiff's 1 for identification?" your lawyer asks.

The ultimate goal for each of these exhibits is to get them into evidence.
You should know there are specific requirements that have to be shown in order to admit an exhibit into evidence. (I'll save that discussion for another day).

When I feel that I have established the foundation needed to get an exhibit into evidence, I will offer it into evidence.
"Judge, I offer Exhibits 1 & 2 into evidence," I say.
If the judge agrees, he will tell the court reporter to change the notation on the exhibits.
"Madam court reporter, please change the markings on Exhibits 1 & 2 from being marked for identification to being marked into evidence," the judge says with authority.

Later, when the defense lawyer has an opportunity to introduce some exhibits, there's one important difference.

"Judge, I'd like to have the medical records for this patient marked for identification," my opponent says.
"Fine. Madam court reporter, please mark those medical records as Exhibit A for identification," the judge says in response.

Did you notice the difference?
It's a slight difference but it's an important one.
It's a difference between using numbers to identify exhibits and using letters.

The judge and the attorneys will need to keep track of all exhibits used during your trial.
There are two categories of exhibits...
The first category are those exhibits that are just identified. "Exhibits marked for identification"
The second category involves exhibits that were admitted into evidence.

Not every exhibit that is offered into evidence will be admitted.
Also, not every exhibit used will be offered into evidence.
Lastly, it's important to know who has introduced the exhibit.

Was it the Plaintiff's lawyer? (The attorney who represents an injured victim or patient.)
Was it the defense lawyer?

If the exhibit has a letter identifying it, it means it's been used by the defense.
If the exhibit has a number associated with it, it means it's been used by the plaintiff.

Now you know the difference between the two.

To learn what an attorney does if the opposing lawyer asks to use your trial exhibit, I invite you to watch the video below...

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Can a Jury Give You MORE Money Than You Asked for in YOUR Medical Malpractice Lawsuit?

Wed, 09 Aug 2017 08:52:00 EST

The quick answer is yes, they can.

Let me tell you why.

Let's say you've been injured because your doctor was careless. Your injuries are permanent. You've chosen to bring a lawsuit seeking money as a form of compensation for all the harms, losses and damages you suffered because of that wrongdoing.

When you start your lawsuit, your doctor can't believe you sued him. In his response to your legal papers he claims he did nothing wrong when treating you. He also says that nothing he did or didn't do caused you harm. Then, to make you feel even worse, he'll claim that you are somehow responsible for your own injuries.

On top of that, he's also going to argue that your injuries are not as bad as you claim. 

Those are the four typical defenses we see in these medical malpractice cases here in New York. Your doctor's attorney has made it clear that they will not negotiate and this case will never be resolved by settling your case.

What that really means is that a jury will have to decide if you are more likely right than wrong that your doctor caused you harm and injury. If the answer is yes, the jury will be required to compensate your for all your damages.

You should know that there are different types of damages.

They can be broken down into two categories.

Economic damages and non-economic damages. There are subcategories for each.

Economic damages involve lost wages, lost earning capacity, future loss of income. These are things that can be calculated. If you earned $50,000 and have been unable to work for the past two years because of your injuries, it's simple to see that you will have lost $100,000 worth of income during that time.

If you are unable to work into the future and you still have 20 years of work you could have done had you not been injured, then we can project out your earnings during that 20 years of work.

These are examples of economic losses.

Then, there are elements of damages that have no definable limits. For example, when we talk about your pain and the suffering you've endured, there's just no way to precisely calculate that amount. Your suffering may be different than someone else with the same type of injury. Your age may affect you worse than your neighbor who had the same problem. You may have other medical issues that make your condition worse than a younger person who suffers the same type of injury.

A jury must determine collectively what your pain and suffering is worth. They must use their common sense and their experience when deciding how much money to give you to compensate you for your harm.

Let's get back to the title of today's article.

Can a jury give you MORE than you're asking for? The answer is yes. 

If the jury feels that you are entitled to receive MORE money, then they can give you more. They can give you much more. 

If your attorney asks for a specific amount of money for your pain and suffering, the jury can decide that he didn't ask for enough. They can, on their own, decide to give you more. Your attorney's request for a specific amount of money is just a guideline.

"Ladies and gentlemen, for her past pain and suffering I ask you to consider whether $2 million is sufficient to compensate her for all she went through..."

The jury may decide that she should receive $5 million for that. Or more. Or less.

Likewise, the jury could decide that she is to receive LESS than what your attorney has suggested.

Regardless of what the jury ultimately decides to give you, you can be sure that the defense will object to that amount. The defense will ask the judge to throw out the verdict as being against the weight of the evidence. He's going to argue that your verdict is not supported by the testimony and evidence.

Even if the judge were to reduce your verdict, the defense would likely appeal that decision and ask the higher court to either throw out your verdict or significantly reduce it based on other similar cases.

To learn more about jury verdicts, I invite you to watch the quick video below...

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Defense's Medical Expert Sees Me at a Charity Event. He Comes Over & Wants to Talk About Your Case. CAN I TALK TO HIM? SHOULD I TALK TO HIM?

Sat, 29 Jul 2017 13:30:00 EST

What a dilemma!

I'm at a networking charity event and within moments of my arrival this guy comes up to me and introduces himself.

"Mr. Oginski, Hi! I'm Dr. Jones the defense's medical expert on that case that's coming up for trial in two weeks involving claims of improperly performed surgery resulting in horrible damages. Can I talk to you about that case?"

"Whoa! Hold on there fella. I know who you are. I know you're the expert who is coming into trial to oppose our case."

"Why do you want to talk to me?" I ask.
"I want to get the inside scoop about how your expert can say, with a straight face that this surgeon did something wrong...this guy was trying to save your client's life and now you go ahead and sue him for an unfortunate complication..."

Do I talk to the expert? Do I get into the details and the merit of your case with him? Is there some ethical rule that says I shouldn't be speaking to my adversary's medical expert before trial about this case?

Here's the short answer...don't do it.

Nothing good can come of this interaction. Not for me and certainly not for the expert. In my opinion, it's best to avoid this interaction at all. However, if the doctor initiates the conversation, my response would likely be "Hi Doctor, nice to meet you. I can't talk to you about this case. After it's over, I'd be more than happy to chat. Right now, I've got to get back to my wife, thanks."

Is there an ethical rule that says I can't speak to my opponent's expert? Not really. I didn't seek him out. We met inadvertently at a charity event. I didn't plan on meeting him there. He's the one who came up to me. I didn't approach him, although I did recognize him from across the room.

How did I know he was the opposing expert? Simple.

You see, the defense is obligated to notify me when they hire an expert who will testify in their defense. They have to provide me with his credentials including where he went to school, where he did his residency training, whether he did a fellowship, what State he's licensed to practice medicine in and whether he's board certified.

They do not provide me with his name.
With today's computer programs, we plug in his credentials in and it spits out his name. 
Then, we try and dig up dirt on this expert.

Likewise, the defense does the same thing when I provide them with my expert's credentials.

I know this guy because I've cross examined him before. I know how he behaves at trial. I've seen his tricks. I've spoken to other attorney's who have cross examined him to get their thoughts and ideas about the type of witness he is. I've gotten trial transcripts on this expert in other cases he's testified in.

This ethical dilemma can result in two different outcomes.

The first is where I say to myself that there's no harm in talking to this expert. In fact, during a casual conversation, I might learn a few of their strategies and defenses that might help our case. I also might learn a weakness in their case that I wouldn't have otherwise have learned until cross examination.

But suppose, during this informal conversation, the doctor is trying to elicit information from me to take back to his defense attorney? What if I accidentally let my guard down and reveal a weakness in our case?

Well, you can be 100% sure that the expert will relay that information to the defense lawyer and try to use that admission against me during trial.

This conversation is a double edged sword and here's why...

At trial, when I cross examine this expert, I will ask him about our informal conversation at this charity event.

"Dr. Jones, you and I had a conversation two weeks ago when we met by accident at this charity event, correct?"
"Yes."
"You were the one who approached me, right?"
"Yes.
"You came over to introduce yourself, true?"
"Yes."
"You came over with the specific intent to talk about the details of this case, right?"
"Yes."

Depending on how upstanding this guy is, he might dispute each of these questions and claim it was the other way around.

"No, Mr. Oginski, you approached me! You were the one who kept harping on how could I defend this case in light of the facts. You were the one who was aggressive even though I told you I couldn't talk to you about this case."

Then what?
Now I look like the aggressor.
Now I look like I wouldn't take no for an answer.

He's just turned the tables on me and the jury won't like it.
That's why I said it's much better not to get into this situation in the first place.

Has this scenario happened?
Sure it has. Not often, but it has.

Do I have an obligation to notify the defense lawyer that his expert approached me and talked to me?

I don't believe so.
Some attorneys might have a different opinion.

Do I have an obligation to tell the judge about this conversation?
I don't believe so.

Rather than open up pandoras box and create all this drama that will come out at trial about this conversation, the better practice is not to have the conversation to begin with.

To learn more, I invite you to watch the video below...

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What Happens if YOU DON'T Show Up For YOUR Medical Malpractice Trial?

Thu, 22 Jun 2017 11:06:00 EST

It's a strange question, isn't it? 

A lot could happen and it's not good for your or your case. Let me tell you why...

You've sued your doctor because you claim he was careless. You claim that his carelessness caused you harm. You claim that your injuries are permanent and disabling.

Your doctor says your case is baloney! He says he did nothing wrong. He argues that you caused your own injuries by not doing what he told you to do. Then he argues that even if he did something wrong, whatever he did, or didn't do, did not cause your injuries. Then, as if to dig the knife in deeper, he argues that your injuries aren't as bad as you claim.

This means that your case will not settle. This means that the defense refuses to negotiate. This means that your case is going to trial. But, it will take two to three years to get there. That's a long time.

During those intervening years, you are frustrated. Frustrated with the pace at which your lawsuit is proceeding. Frustrated with your inability to do those activities that you used to do. Frustrated with your inability to earn a living.

YOUR LAWYER CAN DEAL WITH YOUR CASE

You hired the best medical malpractice lawyer you could find. He told you it wouldn't cost you a dime out of your own pocket to sue your doctor. Only if you won your case would you have to pay your lawyer. "That's great!" you thought. "No skin off my back. I'll let the lawyer invest all his own money. Let him do all the work. Then, if we win, he can get his expenses back and also his fee. Sounds good to me!" you think to yourself.

But all this frustration that's built up over the years is taking a toll on you. You're fed up. You're tired of being disabled. You're tired of the excuses from your lawyer about why your case is taking so long to get to trial.

Finally, your lawyer tells you that your case is coming up for trial. He needs you to come into his office to prepare you for trial. 

You're thrilled. You're excited. You're also scared. Scared to death that you now have to face six strangers and disclose all your frailties and disabilities. Scared that you'll have to face your doctor. The one you trusted. The one you loved.

You meet with your lawyer. He spends a few hours 'preparing' you for trial. It's exhausting. It's frustrating. You don't remember half the details he's asking you about. It's been a few years since this incident happened. You're worried. You're worried what the jury will think if you forget. You're worried what will happen if you lose your case. You're worried about appeals and the uncertainty of a jury verdict.

YOU'RE WORRIED

You're worried about the judge and whether he'll treat you fairly. You're worried about getting to court each morning on time and needing to leave extra early to get through court house security. You're worried about what to wear. You're worried about the little things.

These worries and frustrations are overwhelming you. Finally, you give up. You resign yourself that you're simply NOT going to show up to your own trial. Screw it. Let your lawyer handle it. Let him try your case without you. He can do it. You read about attorneys doing that, especially in wrongful death cases where the injured patient is no longer around to testify. He can figure out a way to get it done.

This way you don't have to fret. You don't have to worry. You don't have to face your fears. You can stay in the comfort of your own home. Your lawyer will call you with updates at the end of each day. At least that's what you hope he'll do.

You call your lawyer the day before your trial is scheduled to start. You tell him you're not coming in. You're not going to testify. You're fed up and you're frustrated. Whatever happens, happens.

YOUR LAWYER IS SHOCKED!

Your lawyer is shocked. Shocked that you have taken this attitude. Shocked because he has spent over fifty thousand dollars prosecuting your case and spent hundreds of hours of his time on your case. Shocked because he never expected this from you. He's also shocked because in his entire career of thirty years handling these cases, not a single client ever said they were not showing up to their trial.

He's also shocked about what will happen if you don't show up. He's going to lose his investment of time and money if you don't show up. 

Why?

Simple. As the person bringing the lawsuit, you are claiming that your doctor violated the basic standards of medical care. YOU AND YOUR ATTORNEY MUST PROVE IT. You MUST show to the jury that you are more likely right than wrong that what you are claiming is true.

Your doctor doesn't have to prove anything. He doesn't have to disprove it either. He can just sit there quietly, without putting on any witnesses and hope that your proof is insufficient to justify a verdcit in your favor.

Since you are the one who was injured and since you are the one claiming your doctor was careless, the jury wants to see you. They want to hear from you. They want to understand what you went through. They want to know how your injuries have affected you.

THE JURY WANTS TO KNOW

If you don't show up, they'll want to know why. 
If you don't show up, they'll want to know what's preventing you from being in court and talking with the jury.
If you don't show up and do not have a good excuse, they'll be highly suspect about your claims.

Having your attorney explain that you're fed up is NOT a good excuse.
Having your attorney tell the jury that you fear being in court is NOT a good excuse.
Your attorney cannot even read your pretrial testimony to the jury unless he has a valid excuse that explains WHY you are not in court to testify in person.

If you don't show up, your case could be dismissed by the judge before even getting started.
If you don't show up, your attorney will likely be unable to prove to the jury that you are entitled to a verdict in your favor.
If you don't show up, the jury will never understand how your doctor harmed you and how your injuries affect your life.

If you don't show up, the jury will think you're not interested in the outcome.
The jury will rightfully believe that you have better things to do while they sit in judgment on your case, taking time away from their family.

HERE'S THE BOTTOM LINE...

You brought a case. You have to show up. It's that simple. 

The jury needs to hear from you.
The jury needs to see you.
The jury needs to understand, in your own words, what happened to you and how you're dealing with your injuries.

If they don't see you because you decided to screw it and hope your lawyer can try your case without you, you're mistaken. You'll get that call telling you your case has been dismissed all because you didn't care. After all these years.

That's not what you want to happen, is it?

To learn more about what happens if you fail to show up for your trial, I invite you to watch the quick video below...

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Why the BEST Trial Lawyers in New York DON'T Do a Touchdown Dance When They Score Points at Trial

Sat, 03 Jun 2017 08:23:00 EST

Imagine you're in the middle of trial.

It's a medical malpractice trial.

You've sued your doctor.

Claiming he was careless.

Claiming his carelessness caused you injury.

Claiming your injury is permanent.

Your doctor says your claim is full of baloney.

He says he did nothing wrong.

He says you caused your own injuries.

He also says that if he did something careless, it didn't cause your injury.

Then, as a final twist of the knife, he argues that your injuries aren't that bad anyway.

There's no way your case will be settled.

The defense refuses to negotiate.

That means your case will go the distance.

To trial.

After two or three years of hard-fought litigation.

You'll finally get to trial.

You'll get to present your evidence.

You'll get to present your testimony.

The jury will hear your medical experts.

The jury will hear the defense witnesses.

They will hear from the defense's medical experts as well.

Six members of the community will decide if you are more likely right than wrong.

The jury will get to listen to cross-examination of the defense witnesses.

They will also be watching closely cross examination of your witnesses.

During cross examination, an attorney's goal is to  show that the witness is lying.

His goal is to show that he's being less than truthful.

His goal is to show that his testimony is inconsistent.

His goal is to show the jury that this witness cannot be believed.

It's really to destroy his credibility.

There are many ways to do this.

Imagine if your attorney scores a few points and is able to show the witness is shading the truth.

Or maybe he's confronted with an outright lie.

Your lawyer would love nothing more than to show the jury that you and he were right.

He'd love to stand in front of the jury and scream out loud and clear "SEE? I TOLD YOU HE WAS A LIAR!"

But he can't.

What if he were to do a touchdown dance after scoring some points with this opposing witness?

Do you think the jury would appreciate it?

Do you think the judge would appreciate it?

Do you think it makes the attorney look professional?

The answers are no, no and no.

It's never appropriate for an attorney to gloat during trial.

It's never Ok to do a touchdown dance after making your point.

It's showboating.

The better practice is to make your point and move on.

The jury knows what you just accomplished.

The judge knows what you just got the witness to do.

The jury will remember this point during their deliberations.

Besides, on closing argument, your attorney is going to remind them of this critical point.

On the other hand, imagine your lawyer has just devastated the defense's expert.

He's just shown the jury that he was wrong.

He's just proven to everyone in the courtroom that testimony he gave in another case clearly contradicted what he's saying in your case.

Your lawyer looks to the jury and does a fist pump.

He takes that imaginary football and spikes it in the end zone.

He starts jumping up and down in the courtroom for joy that he just destroyed the opposing expert.

This would make your attorney look ridiculous.

In the courtroom, there's no place for these antics.

On the playing field, in professional football, sure.

It's done all the time.

Not in the courtroom.

Not in a medical malpractice trial.

Not in a car accident trial.

Not in a wrongful death trial.

Not for your attorney.

Not for the defense attorney.

It's just not done.

To learn more about why it's not done, I invite you to watch the quick video below...

 

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Why Ignoring a Weakness in Your Case Will Cause Your Case to Explode on Closing Arguments

Thu, 01 Jun 2017 19:10:00 EST

Let's say you sued your doctor.

For medical malpractice.

You claim he was careless.

You believe his carelessness caused you harm.

You know your harm is permanent.

You know your harm is disabling.

You had no choice but to sue him.

To obtain money as a form of compensation for your injuries.

Let's say you failed to do what your doctor told you to do.

Let's also say you delayed in going for tests your doctor wanted you to have.

You delayed your own diagnosis and treatment.

You had excuses.

You had your reasons.

You tell your attorney not to focus on what you did and how you delayed your own treatment.

You want your attorney to pound away at your doctor for not treating you appropriately.

For not treating you in accordance with good and accepted medical practice.

Your attorney agrees with this strategy.

Your attorney convinces himself that by focusing all of his energy on what your doctor did wrong, the jury will ignore your own actions that caused part of the delay in diagnosing your cancer.

He is mistaken.

Badly.

This may be a fatal tactical mistake.

A mistake that will likely backfire.

A mistake that rookies make.

A mistake that an experienced attorney would never make.

You can NEVER ignore a weakness in your case hoping the jury will ignore it.

You can NEVER ignore a weakness by thinking that the defense will not focus on it.

Instead, they will hound you for not addressing it.

The defense will focus a good deal of their energy showing the jury that you are intentionally ignoring it.

The defense will argue that you have no defense to your actions that caused or contributed to your injuries.

Ignoring a weakness in your case is like an ostrich sticking his head in the sand hoping the lion nearby won't see him.

An attorney who (metaphorically) sticks his head in the sand and intentionally ignores a key weakness in your case is doing you and your case a disservice.

The better way to address this is to workshop the weakness.

What this means is to develop a logical explanation for why and how this arose.

To explain and justify why you did not follow through with your doctor's recommendations.

Justifying and explaining will go a long way to undermine the defense attacking your weakness.

You MUST attack your weakness.

You MUST admit your weakness to the jury.

You MUST 'confess' your weakness in the case.

Then, offer a logical explanation.

If you ignore it, the defense will have a field day during closing arguments.

He will argue that you're trying to hide your own careless actions.

He'll argue that you're deceiving the court.

He'll argue that you have no defense to your own actions.

If you did, you'd have addressed it and offered an explanation.

He'll ask the jury to hold you totally responsible for your own injuries.

An experienced defense lawyer will take this one little weakness and make it a big part of his defense.

You and your lawyer cannot ignore your weaknesses.

You must confront it head on.

You must confront it first.

Failing to do so could destroy your case.

To learn about a doctor who altered a patient's medical records, I invite you to watch the quick video below...

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If Your Attorney Makes This Argument During Closing Remarks at Your Trial, He Just Guaranteed the Other Side Will Immediately Appeal

Thu, 01 Jun 2017 10:03:00 EST

Let's say you sued two doctors.

For medical malpractice.

You claim they were both careless.

You claim their carelessness caused you harm.

You claim your injuries are permanent.

Both doctors disagree.

They say you're full of it.

They say they did nothing wrong.

They say that if they did something wrong, so did you.

They also say that whatever they did, didn't cause your injury.

They also argue that your injuries aren't that bad.

They fight your case every step of the way.

Through two years of litigation.

Both refuse to settle.

Both refuse to negotiate.

Your attorney prepares your case for trial.

He has no other choice.

A jury will have to decide if you're more likely right than wrong.

Six members of the community will have to decide if you deserve a verdict in your favor.

Six jurors will have to decide if your doctor violated the basic standards of medical care.

Six members of the community will have to decide if their wrongdoing caused your injury.

If the answers to those questions are yes and yes, these six people will have to decide how much money you are to receive.

Let's look at this scenario...

During jury selection one of the doctors whom you sued gives in.

He realizes he runs the risk a jury will find him responsible for your injuries.

He takes a calculated risk.

He decides he's better off to try and settle with you instead of waiting for a jury to decide this case.

He's willing to negotiate and try to get out of this case before it ever goes to a jury.

There's much uncertainty and risk by having a jury decide the issues involved in your case.

He understands there's much sympathy for you even though the judge will tell the jury they're not to consider sympathy in their decision.

He is able to successfully negotiate with your attorney to get out of your case.

You're happy that he settled with you.

However, that leaves the other doctor to deal with at trial.

The jury is not told anything about the settlement with that one doctor.

They are not told why he's no longer in the case.

They are not told how much he settled for.

They are not to concern themselves with why he's no longer in the case.

Trial lasts two weeks.

Two weeks of torture.

You go through the highs and lows of every trial.

Some days you're floating on cloud 9 knowing everything is going your way.

Other days you feel as if the earth has opened up and swallowed you and your case.

You feel like you're sinking.

This up and down emotional high and low is known to occur in every single trial.

It happens on both sides.

You've now reached the end of your trial.

All the witnesses have testified.

All the exhibits have been introduced as evidence.

There is no more testimony to be heard.

It's time for the attorneys to make closing arguments.

That's the time for your lawyer to show the jury why you're entitled to a verdict in your favor.

That's the time for your attorney's passion about your case to shine.

That's the time for your attorney to draw conclusions, or better yet, to let the jury draw their own conclusions that naturally lead to a verdict in your favor.

This is the time to connect the dots and show the jury you are entitled to a verdict in your favor.

"Plaintiff's counsel, you may begin your closing remarks..." the judge says.

Your attorney gets up and begins.

"Ladies and gentlemen, the only reason we're here now is because Dr. Nogoodnick failed to settle this case. He failed to settle before trial just like Dr. Doolittle did. At least Doolittle realized he had no chance by taking this case to verdict and settled out with us. But no. Not Dr. Nogoodnick. He wanted to take a risk and have you decide this case..."

This argument will get an immediate objection from Nogoodnick's trial attorney.

"OBJECTION JUDGE! THAT'S IMPROPER! Plaintiff's counsel cannot say that. I demand an immediate mistrial!" the defense lawyer yells.

At this point, the attorneys and the court have invested weeks into this case.

The trial judge will probably deny this request, knowing full well that this issue will be immediately appealed if Dr. Nogoodnick loses his trial.

Why?

Because it's legally inappropriate for your attorney to mention that Dr. Doolittle settled out.

It's legallly inappropriate for your lawyer to argue that the only reason the trial is till going on is because Dr. Nogoodnick hasn't settled this case.

The reality is that Nogoodnick has no legal obligation to settle at any point.

That's a tactical decision that can be made at any time.

Whether he chooses to settle or not is not an appropriate argument to make during closing arguments at your trial.

If your attorney does make that mistake, he has just guaranteed an immediate appeal if Nogoodnick loses.

To learn why it's never a good idea to read opening arguments in front of the jury, I invite you to watch the quick video below...

read more


TOP 5 Reasons NOT to Sue YOUR Doctor for Medical Malpractice Here in New York

Thu, 20 Apr 2017 15:55:00 EST

Here they are...

  1. Your doctor did NOTHING wrong.
  2. Whatever your doctor did, DIDN'T cause you injury.
  3. Your injury is not that BAD.
  4. You LOVE your doctor.
  5. You're not the TYPE to sue.

Let's start with the first reason NOT to sue your doctor.

YOUR DOCTOR DID NOTHING WRONG.

That's a perfect reason NOT to sue him.

You might perceive that he did something wrong.

Maybe he was disrespectful to you.

Maybe he didn't hold your hand.

Maybe he hurt your feelings.

Maybe he did something he said he wasn't going to do.

Unless he VIOLATED THE BASIC STANDARDS OF MEDICAL CARE, you're not going to sue him over your perception of what he did wrong.

Remember, the ONLY way you can bring a lawsuit against your doctor or hospital staff is if a medical expert confirms that your doctor was careless.

Without having a medical expert confirm there was wrongdoing, you're not even getting your foot into the court house door.

Let's talk about reason #2.

WHATEVER YOUR DOCTOR DID OR DIDN'T DO, DIDN'T CAUSE YOUR INJURY

That's an important point.

If your doctor was careless, that's just the first question to determine if you have a valid case.

We now must also determine if that wrongdoing was A CAUSE of your injury.

If it wasn't, then you don't want to sue your doctor.

Why not?

Because we can't show "CAUSATION."

We can't show there is a link between your doctors' carelessness and your injury.

In law, we call that concept 'proximate cause'.

We have to show that your doctors' carelessness was a cause of your injury.

It doesn't have to be THE cause.

Only A (singular) cause.

If your doctor was careless and that carelessness was a cause of your injury, then we have to evaluate the third reason why you SHOULDN'T sue your doctor.

Reason #3:

YOUR INJURIES ARE NOT THAT SIGNIFICANT

In other words, how bad are your injuries?

Are they permanent?

Are they disabling?

Do they prevent you from doing your daily activities?

If the answer is no to each of those questions, then in all likelihood you won't want to sue your doctor for malpractice.

Why not?

Because we have to show that you are more likely right than wrong that:

  1. Your doctor was careless.
  2. That his carelessness was a cause of your injury AND
  3. That your injury is significant and/or permanent.

If any one of those three things are missing, then, in all likelihood, you won't want to sue your doctor.

Besides, you likely won't find an experienced attorney willing to investigate and prosecute your case if you don't have all three of those things confirmed by a medical expert.

That brings me to reason #4.

YOU LOVE YOUR DOCTOR

Ahh...the LOVE thing.

You've been with your doctor a long time.

Ten years.

Maybe fifteen years.

Maybe twenty years.

You can't bear the thought that he screwed up and caused you harm.

Not intentional harm of course.

Carelessly.

Negligently.

Yet you're willing to forgive him.

You're willing to let it go.

You still want him to be your doctor for ever and ever.

That's how much you like him.

Nothing I say or any lawyer says will get you to change your mind.

Do you know what I say to that?

Ok.

That's your choice.

It's a choice you'll have to live with for the rest of your disabled life.

It's a choice you'll make willingly and knowingly.

It's a choice that will make sure your doctor never compensates you for your inability to work again.

It's a choice that will insure that you are never repaid for all your suffering.

It's a choice that will guarantee your kids won't have tuition to send them to good colleges because you can't afford to pay since you can't work.

That's Ok.

I'm not here to convince you.

You're here to learn.

About how these cases work in New York.

Today's article explains in detail the 5 reasons why you shouldn't sue your doctor.

This is only reason #4.

That brings me to reason #5.

YOU'RE NOT THE TYPE TO SUE

You're not, huh?

Ok.

Good luck to you.

Most people who suffer injury because of a careless doctor are also not the type to sue.

They've never sued anyone in their life.

But now they wonder.

They wonder what will happen to them if justice is not done.

They wonder what will happen five, ten, twenty years from now if they don't bring a lawsuit.

Who's going to put food on your table?

Not the doctor.

Who's going to pay you for your lost job opportunities?

Not the doctor.

Who's going to compensate you for all the suffering you've had to endure for years now and into the future?

Not your doctor.

That's Ok because you're not the TYPE to sue.

I understand.

You forgive him.

You're at peace with your decision.

Is your family?

Is your spouse?

Do your kids understand why daddy can't play with them outside on a nice summer day?

Do your kids understand why mommy can't help them with homework and go to afterschool activities because mommy is not physically able to?

Hey, I get it.

You're not the type to sue.

And that's understandable.

Only you can decide the reasons why you choose not to sue your doctor.

Today's article explored only five of them.

There are many more.

To learn 5 MORE reasons why you shouldn't sue your doctor, I invite you to watch the quick video below...

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I'm Hungry. Starving Actually. It's the Middle of Cross-Examination. We're in the Middle of Trial. Can I Reach Over and Start Munching on Snacks?

Mon, 13 Feb 2017 09:02:00 EST

My stomach is grumbling.

It's been hours since I got up.

I didn't have time to grab some breakfast.

Nor did I have a chance to drink something besides water.

The judge wants us in court at precisely 9:30 a.m.

He's a stickler for starting on time.

I leave my house at 7:00 a.m.

I need to walk to the train.

I hope the train is running on time.

I hope I catch the express to Manhattan.

That's 26 minutes, non-stop instead of 33 minutes.

I made the express.

Now only if I had eaten something.

My stomach is already grumbling.

I didn't have time to make some snacks.

I figure I'll get some in Penn Station.

My train is delayed in Long Island City just before we enter the tunnel to New York City.

That makes it impossible for me to grab something to eat.

Damn I'm hungry!

I now am cutting things close.

I need to be in Brooklyn.

In Kings County Supreme Court.

That's at 360 Adams Street.

That's easy.

Just quickly walk through Penn Station to the 2 or 3 train and take it downtown.

That's what I do.

Except there's a slight delay for the subway.

It's crowded, as usual.

The subway is jam-packed with people today.

My stomach is grumbling.

I think everyone in the train can hear it.

At least, I THINK they can hear it.

It takes 35 minutes to get to downtown Brooklyn.

I get to the court house with a few minutes to spare.

My medical expert is waiting outside the courtroom.

He's there today to finish being cross-examined by my adversary.

He was on the witness stand yesterday when I asked him questions.

That's was direct examination.

I wasn't hungry yesterday.

This morning I'm starving.

I'm dreaming about breakfast.

A sesame seed bagel with cream cheese.

Maybe scrambled egg and cheese on a roll.

Maybe some cereal.

Maybe just a banana with some peanut butter.

Maybe an apple.

Something!

Anything to make the grumbling go away.

I look in my trial bag.

My briefcase.

All I have are papers related to this trial.

Deposition transcripts.

Legal pads.

Legal research.

Pens.

Business cards.

Sadly, there's no food and no snacks anywhere in my briefcase.

UGH!

The judge walks in at precisely 9:30 a.m.

He brings the jury in moments later.

He directs my medical expert to take the witness stand again.

He reminds him that he's still under oath.

My opponent starts to cross-examine my medical expert.

Ten minutes into it, I hear my stomach rumble.

Loudly.

I think everyone in the courtroom can hear it.

I look around.

I look at the judge.

I look at the jury.

I look at my expert.

I look at my adversary.

Nobody seems to have noticed.

That's good.

I don't want them to know I'm starving.

I'm looking at the clock wondering when the judge will take a bathroom break.

Then maybe I can run downstairs to the concession stand and get a quick snack.

This is not good.

It's now 11:00 a.m. and still no break.

UGH!

My stomach is empty.

I've got horrible tasting water from a container filled by the court officer directly from the tap.

That's what happens when you forget your own bottled water.

But even if I had snacks in my bag, I wouldn't be able to eat them.

Not during cross-examination.

Not during trial.

Certainly not in the courtroom.

To learn whether I can eat pizza-flavored goldfish crackers during cross examination, I invite you to watch the quick video below...

 

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3 Reasons Why a Medical Malpractice Lawyer in New York WON'T Take YOUR Case

Tue, 07 Feb 2017 14:46:00 EST

(1) You lied.

(2) You are abrasive and demanding.

(3) Your injuries are NOT significant.

Those three reasons are more than enough for an attorney in NY to say "I'm sorry, I can't take your case."

Why?

Let's start with the lying.

If you lie, you're done.

If you lie, you've got credibility problems.

If you lie about one little thing, the defense will learn of it.

Once the defense finds out about your lie, they will continue to dig to search for other lies.

If your case goes to trial, the defense lawyer will ask the judge for a special legal instruction for the jury.

That legal instruction is specifically for liars.

Actually, the legal instruction is for the jury.

It's ABOUT liars.

It's a very dangerous legal instruction.

Dangerous IF you have lied about something in your case.

Why?

Because your credibility is everything in your case.

If you cannot be believed, the jury will turn you away without a dime.

That's a fact.

If the jury believes you have lied, they cannot trust you.

If they cannot trust you, why would they ever compensate you for your injuries?

The Judge will tell the jury about liars.

That legal instruction has a fancy latin name.

It's called "FALSUS IN UNO."

What that means is that if a witness has testified falsely about ONE thing, you, the jury, have the right to disregard some or ALL of their testimony. It means that if a witness has lied about one little thing, what's to say that the rest of their testimony isn't a lie as well?

If you call your credibility into question, your case is as good as over.

It's a huge uphill battle.

That's why most experienced medical malpractice trial lawyers in New York will not take on a case where they know that an injured patient has lied.

Next...

The abrasive and demanding client.

This is a good one.

For me personally, I refuse to work with someone I do not get along with.

I don't care what type of case you have.

I don't care how good a case you have.

I don't care what value you think your case has.

If you are abrasive and rub me the wrong way, I will not work with you.

Why not?

Because these cases last two to three years.

That means we are wedded to each other for that duration.

That means we will interact often.

That means I will communicate with you regularly.

If you are abrasive and obnoxious, I have better things to do.

There are plenty of people who are nice and in need of legal help.

I don't care why you might be nasty or not nice.

It doesn't matter.

I don't have any interest in dealing with people who have that type of attitude.

Other lawyers do.

Other lawyers will put up with it.

Good for them.

Better for me.

If you are demanding, I will not take your case.

It's that simple.

The lawsuit process is a slow and frustrating one.

Especially for an injured patient and their family.

By demanding things, it shows a lack of understanding.

By demanding things, it shows a lack of respect.

By demanding things, it shows you have a deficiency in how your lawsuit works.

You can demand your case move faster, but it won't.

I can't get the court to schedule a conference whenever we want.

I can't get the court to force the defense to offer money.

I can't predict the future.

Nor can I guarantee the outcome of your case.

If you're demanding, you're gone.

If I didn't realize how demanding you were and took your case on at the beginning, then I will ask the court to dismiss me as your lawyer.

I have no problem if you have questions.

Questions are good.

I am in the business of answering your legal questions.

But demands?

Not with me.

Maybe with some other attorney.

But not me.

Ok, let's talk about your injuries...

Your damages.

How you are disabled as a result of improper medical care.

If your injuries are minor, I cannot and will not take your case.

If your injuries were temporary, I will not take your case.

If your injuries were limited, I will not take your case.

That doesn't mean you don't have a case.

It doesn't mean you won't be successful.

It simply means I will not be your attorney on your legal journey.

There may be some attorneys out there who will take a malpractice case with limited injuries.

There may be an attorney who takes a case with minor damages.

But that wouldn't be smart.

It doesn't make smart business sense.

Why not?

Because these cases are very expensive to investigate and to take to trial.

If an attorney knows at the very beginning that the maximum he can recover for you is limited, then in all likelihood he will take a significant loss by bringing your case...assuming of course that a medical expert confirms you have a valid basis for a case.

That does not make good business sense.

To learn how much money a client actually recieves when a lawyer obtains a multi-million dollar verdict, I invite you to watch the quick video below...

 

 

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10 Ways to Show Your Doctor Committed Medical Malpractice Here in NY in 2017

Sat, 31 Dec 2016 10:30:00 EST

This headline is a misnomer.

In New York, we don't actually have to prove anything.

Let me say that again.

We don't really have to prove anything.

We do have to show that we are more likely right than wrong that what we are claiming is true.

In a medical malpractice case in New York we are claiming that your doctor was careless.

We also claim that his carelessness was a cause of your injury.

We also claim that your injury is significant or permanent.

Defense lawyers like to argue at trial that we have the burden of proving our case.

Technically, that's true.

Since we are the ones bringing a lawsuit against your doctor, we are the ones who must show that you are more likely right than wrong.

Some people believe, wrongly, that we have to show with 100% certainty, that your doctor treated you improperly.

That would be inaccurate.

We don't have to do any such thing.

The defense argues that we have to show by a preponderance of evidence that we're entitled to a verdict in our favor.

Again, this is technically true.

But what exactly does a preponderance of evidence mean?

It doesn't mean that all the evidence is in our favor.

It doesn't mean that all the evidence shows we're right.

It simply means that we are ever so slightly more likely right than wrong.

Let me put it another way...

Let's say it's a football game.

Our running back is running with the ball to the end zone for a touchdown.

Our running back does not need to get all the way into the end zone to get a touch down.

Instead, if the tip of the ball enters the end zone, even the tiniest portion of the ball or the tiniest portion of his foot, that's enough to prove our case.

That's enough to justify a verdict in our favor.

To put it another way...

If the scales of justice are even, 50% for the injured patient and 50% for the doctor, if we can tip those scales ever so slightly so that the injured patient has shown that she is more likely right by 50.1%, then she is entitled to a verdict in her favor.

That's what preponderance of evidence means.

Some jurors have the mistaken belief that when they are asked to decide your case that they must sit in court for weeks making absolutely sure that what you are claiming is true.

Wrong.

That's not what's required for a verdict in a civil lawsuit against your doctor in New York.

We only need to show that you are slightly more likely right than wrong.

Let's get back to basics for a moment.

In NY, just because you think your doctor screwed up and caused you harm does not give us the right to start a lawsuit on your behalf.

If this were a car accident, you could start your lawsuit the next day.

If this were a case involving a product you purchased that was defective, you could start your lawsuit the next day.

However, since you believe that your doctor was careless and caused you harm, we are NOT permitted to start a lawsuit until the following things are done...

First, we have to obtain all of your medical records.

Second, we have to review all of your medical records.

Every single page of every one of your records.

Then, we have to hire a board certified medical expert who has agreed to review all of your medical records.

Then we have to send our expert all of your records.

Then we have to consult with our expert about his evaluation of your records.

Our medical expert must confirm three things before we are legally permitted to start a lawsuit on your behalf.

  1. He must confirm your doctor violated the basic standards of medical care.
  2. He must confirm that those violations or departures from good care were a cause of your injury.
  3. He must confirm that your injuries are significant and/or permanent.

All three of those things MUST be present in order to go forward with a valid case.

If any one of those three things is missing, we cannot start a lawsuit on your behalf.

So, getting back the misnomer of a headline...how do we actually prove a case on your behalf?

With an expert.

With a qualified medical expert.

A board certified medical expert.

One who has preferably testified for both injured patients and for doctors and hospitals who have been sued.

One who has a track record of being able to communicate well with juries.

One who can speak to laypeople without being overly scientific.

Medical malpractice cases in New York are unique in that we are required to have a medical expert when proceeding with a case and when proceeding to trial.

Since there are often many different medical specialties involved in your care, likewise we often need more than one type of medical expert to testify on your behalf.

Let's say this is a brain damaged baby case where we claim that your baby suffered permanent brain damage at the time of deliver from a lack of oxygen at birth.

We will need an obstetrician to testify.

We will need a pediatric neurologist to testify.

We may need an anesthesiologist to testify.

What that really means is that we need one expert to show there was wrongdoing. 

In this scenario, it might be a board certified obstetrician to claim that your obstetrician failed to do a timely c-section.

We may need another medical expert to show the sequence of events known as causation led to your baby's injuries.

Causation is the link between the wrongdoing and the injury.

Then, we will likely need another medical expert to discuss the baby's extensive injuries and how they are permanent and will affect him for the rest of his life.

We use the medical records to show that we are more likely right than wrong.

We use pretrial testimony given by the doctors involved in your labor and delivery to show that we are more likely right than wrong.

We use medical literature to show that we are more likely right than wrong.

We try and use medical textbooks to show we are more likely right than wrong.

You might be thinking that the doctors and hospital staff do the same thing.

You'd be right to think that.

They do.

They also hire medical experts to dispute our claims.

They may hire just one.

They may hire multiple experts as well.

There is no doubt they will dispute every one of our claims.

You might be wondering how a jury will be able to determine which experts to believe.

That's a common problem in these malpractice cases.

That what a jury will do.

One of their functions is to decide which experts are more believable.

The jury will decide which witnesses they believe.

If the jury believes the defense experts, you will lose.

If the jury believes our medical experts, you will win.

Remember, we don't have to prove with any certainty that you're entitled to a verdict.

Instead, we only have to show that we are slightly more likely right than wrong that what we are claiming is true.

That's what we have to show.

That's true in 2016 as I write this on the last day of the year.

That's true in 2017 going forward.

To learn more about the burden of proof in these malpractice lawsuits, I invite you to watch the quick video below...

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You Sued Your Doctor. But You Still Like Him. You Think After You Settle Your Lawsuit You'll Be Able to Return Back to Your Doctor for Ongoing Medical Care and Treatment. Will it Happen?

Thu, 22 Sep 2016 16:19:00 EST

Not a chance.

Not by a longshot.

You might get past the secretary and actually make the appointment.

However, on the day of your visit, I guarantee that once your doctor sees you on his patient list for the day, your appointment will be cancelled.

Let's go back for a minute...

You like your doctor.

No, actually you loved your doctor.

He was smart.

He was brilliant.

He had a great bedside manner.

He was charming.

Until he caused you harm.

Until he was careless one day.

Until he misread and misinterpreted your blood work.

That delayed your diagnosis.

By ten months.

That made all the difference in the world.

Your cancer was growing out of control during that ten-month period.

You're treating oncologist told you that if this had been diagnosed ten months earlier, it would have been stage I and easily treated.

It would not have spread.

Now, after you have been diagnosed, your doctors tell you that you are stage IV.

It has spread.

Throughout your body.

It has metastasized.

The doctor gives you six months to one year to live.

This is not right.

This is not fair.

All because your doctor failed to properly read and interpret your blood work.

Your family urged you to bring a lawsuit against your doctor.

You never did this before.

You didn't want to ruin his reputation.

You liked him.

You loved him.

He always treated you well.

Your family convinced you that they were right.

Your doctor was not going to voluntarily compensate you for all the harms, losses and injuries you now are experiencing.

Your doctor was not going to pay for your kids college education out of his own pocket voluntarily.

You don't have much longer and quickly realize your family was right.

Yet throughout your lawsuit, you felt guilty.

You felt bad that you had to bring a lawsuit against your doctor.

You almost forgave him.

You didn't want to believe that he caused the delay in diagnosing your cancer.

Your attorney tells you that you have a good solid case.

He tells you it is unlikely your case will go to trial.

Your attorney tells you that the defense will probably settle your case.

The problem is that he doesn't know when.

Nor does he know if you will still be around when your case finally settles.

You have a more pressing question.

"If I am able to settle my lawsuit quickly, can I go back to my doctor, the one I sued, for ongoing medical care and treatment?"

When you raise this issue with your family, they think you're crazy.

They think you're nuts.

They start yelling and screaming at you.

They make you feel bad for thinking that somehow you'll be able to go back to your doctor as if nothing happened.

The reality is that they are right.

The reality is that your doctor will not take you back as a patient.

Your physician-patient relationship is done.

It's finished.

What was once based on trust, has evaporated.

There is no longer any trust between the two of you.

Yet you have the illusion of continuing your medical care with your doctor.

You try and make an appointment with his office.

You're thrilled that the receptionist made a new appointment for you.

You spend weeks thinking about what you'll say to your doctor and how you'll apologize.

However, once the doctor learns that you are on his patient list for that day, I can pretty much guarantee that your appointment will be immediately canceled.

I can pretty much guarantee that the doctor will refuse to see you.

Your best alternative is to seek out another physician immediately in order to continue your medical care and treatment.

To learn what happened when a doctor altered a patient's medical records, I invite you watch the quick video below...

 

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BEWARE of any attorney who tells you they can settle your accident or medical malpractice case FAST!

Sun, 14 Aug 2016 13:48:00 EST

An an injured patient or an injured consumer looking to bring a lawsuit seeking money as a form of compensation, the lure of a 'fast' settlement is enticing.

The lure of a quick legal proceeding is enticing.

The lure of not spending much time litigating your case is thrilling.

You've heard all sorts of horror stories about civil cases here in New York lasting 2-3 years.

That's YEARS!

You definitely don't want to wait that long to get your case resolved.

You see some TV ad while watching daytime TV or maybe late night TV that promises to get you a FAST settlement for your case.

That promise entices you to call.

That promise entices you to make an appointment with this law firm.

That promise entices you to sign up with this law firm.

You are under the impressioin, based upon this law firm's marketing and advertising that you will get (1) your case settled and (2) that your case will be settled quickly.

**WARNING**  **WARNING** ​**WARNING**  **WARNING** ​**WARNING** 

If any lawyer ever tells you they can guarantee your case will settle, then you should run. Very quickly. Away from that lawyer.

That's because no lawyer can ever guarantee a result. EVER.

If any lawyer ever tells you they can guarantee you'll get a quick settlement, then you should run. Very quickly. Away from that lawyer.

Why?

Because no lawyer can ever guarantee the speed at which your case will resolve. EVER.

It's enticing to hear an attorney say these words.

You want to hear them.

You want your case to proceed quickly.

You want to short circuit the legal proceedings and settle your case as soon as possible.

What you also need to know is that if a lawyer or a law firm guarantee your case will settle (which they legally cannot do), that suggest that they do not try many cases.

If a lawyer or law firm only takes cases to settle them, the insurance companies will quickly learn that there is no credible threat to them since this attorney or firm doesn't have the ability to try cases and back up the threat of a jury verdict.

That strategy causes the insurance company to be able to low-ball your attorney knowing that this firm just doesn't go to trial and is afraid of trial. That gives a clear negotiating advantage to the insurance company.

On the other hand, if the insurance company knows your lawyer is an active trial attorney who prepares every case as if it is going to trial, the value of your case will likely increase.

The insurance company will also recognize that there is a significant risk going to trial and taking a verdict.

They must weigh that risk against the possibility of settling this case prior to trial for less than what a jury would ultimately decide to give the injured patient.

If your attorney continues to promise you a fast settlement, ask him to put it in writing. 

Force him to put those promises in writing.

Then get him to tell you what will happen if he does not get you a fast settlement.

Will he reduce his attorney's fee if your cases doesn't settle in 4 weeks?

Will he waive the expenses on your file if your case doesn't settle in 8 weeks?

What exactly will he have to do if he doesn't live up to your promise?

The fact is that NO attorney can ever guarantee you'll settle your case.

Nor can any attorney guarantee the speed at which you do settle your case.

If a law firm advertises and markets themseleves as settling most of their cases, you need to find out how many of their cases go to trial and go to verdict. That little answer can make a HUGE difference.

To learn even more about this topic, I invite you to watch the quick video below...

 

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Cancer research: Scientists may have found a way to trigger cell death & remove unwanted cells from the body.

Fri, 03 Jun 2016 07:54:00 EST

Apoptosis is the natural process of programmed cell death. It allows for the removal of unwanted cells from the body. Cancer is a result of the lack of or incorrect process of apoptosis as cells are able to grow unchecked and immune to defense cells.

Bak is a protein that is pertinent to the process of apoptosis. It is present in healthy cells in a dormant state. When the cell receives a signal, triggering apoptosis, Bak transforms into a killer protein. 

Researchers Dr. Sweta Iyer, Dr. Ruth Kluck, along with colleagues, published their findings in the journal Nature Communications explaining the discovery of a process to directly activate the Bak protein.

The Bak protein could be activated through the binding of an antibody. Researchers were able to produce such an antibody.  The discovery of this antibody was unintentional and unexpected.

The discovery of this protein will be helpful in the development of other drugs to promote cell death.

Researchers analyzed Bak’s three-dimensional structure to determine exactly how the antibody activated Bak. Bak is primarily activated by a specific class of proteins called BH3-only proteins; however the antibody discovered is not a part of this class. The BH3-only proteins bind to a specific groove on Bak, while the antibody binds to a different area, yet both trigger the activation of the Bak protein.

There is a characteristic of this antibody that proves particularly useful to the creation of a cancer drug.  Survival proteins alter the drug’s effect on the tumor and allow it to become drug resistant but this particular antibody cannot be neutralized by these proteins.

Read the source article here.

 

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Want to know the chances of a drug being approved by the FDA? Look at this study and see what they found. It's eye-opening...

Fri, 03 Jun 2016 07:49:00 EST

Cancer Drugs are least likely to receive FDA Approval,

There was a new study of potential cancer drugs that gives insight into which experimental therapies are best predicted to one day enter the market.

Due to the sheer size of the study, it was run by multiple parties; Biotechnology Innovation Organization (BIO), the largest biotech trade association, and BioMedTracker and Amplion, two business intelligence firms.

The study found that drugs that target blood disorders have the greatest chance of receiving FDA approval while cancer drugs have the smallest changes.

Dave Thomas, the main author from Biotechnology Innovation Organization, explained that this is largest study of its kind. Over 10 years of data was analyzed following human clinical trials.

Human clinical trials occur in three phases, allowing the progression of the experimental therapy to be measured.  On average, there is less than a 10% chance of a potential drug to pass from phase I to phase II.  Phase I focuses only on the safety of the drug, while phase II and III focus on efficacy of the drug.

The study compared medications to target blood disorders, infectious disease, eye diseases, psychiatric and cardiovascular issues, cancers and others.

Drugs targeting blood disorders, hematology, had the greatest approval rating at just above 26%. Infectious diseases and ophthalmology (eye diseases) had similar chances at about 19% and 17% respectively. Cancer drugs ranked in the bottom along with psychiatric and cardiovascular medications with about a 5%, 6.2% and 6.6% approval rating likelihood, respectively.

The study also demonstrated that drugs with highly-personalized clinical trials, where the patients being treated were relatively homogenous. It is easier to form a therapy when the target is more similar.

The FDA also gives priority to medications for rare disorders.

Here's the source article.

 

 

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Anti-inflammatory medication Celebrex may have the ability to slow cancer growth according to a new scientific study. Learn more...

Thu, 02 Jun 2016 07:07:00 EST

This drug is prescribed as a pain and anti-inflammatory treatment.

Scientists from the Florida Campus of the Scripps Research Institute (TSRI) have found that it slowed the growth rate of cancer cells in animal models and may have the same effect on human tumors.

Cancer Research, the journal, published the study which focused on the effects of the drug, celecoxib (Pfizer’s Celebrex).

Celebrex functions by targeting an enzyme, cyclooxygenase-2 (COX-2). This enzyme is linked to pain and inflammation.

COX-2 is also important in the formation of prostaglandins. These compounds act like hormones and promote tumor growth. In normal tissue, COX-2 expression is low but high in many types of cancers.

TSRI Associate Professor, Joseph Kissil led the study and explained that the original purpose of the study was to determine “what a particular signaling pathway does in cancer.” While researching, it was found that the signaling pathway activates genes that may enable the survival of tumor cells by turning on enzymes involved in inflammation.

Researchers tracked the effects of celecoxib on cancer cells in animals. They focused on a particular tumor type known as neurofibromatosis type II (NF2). NF2 is relatively rare in humans; it is a result of mutations in the anti-tumor gene NF2.

Animals in the study received a dose of the drug every day and then tumor growth was monitored and measured through imaging. The results demonstrate a there is a significantly slower tumor growth rate in the animals treated with celecoxib when compared to the controls.

The study demonstrates that COX2 inhibitors have an impact on tumor cells. Researchers believe that the drugs role in inflammation is the cause of this and may have a greater effect in other cancers.

Here's the source article.

 

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A researcher in Switzerland has found an increased risk of women developing colorectal cancer when they have atrial fibrilation, a common heart rhythm abnormality. Learn what other risk factors might be at play here...

Thu, 02 Jun 2016 07:02:00 EST

New study suggests that women with a common heart rhythm abnormality are at an increased risk of developing cancer, most commonly, colorectal cancer.

The lead researcher, Dr. David Conen from the University Hospital in Basel, Switzerland found a significant relationship between the atrial fibrillation and the presence of cancerous cells.

Atrial fibrillation is the most common type of abnormal heartbeat and is usually associated with an increased risk of stroke and other heart problems. It affects about 33 million people worldwide.

The study demonstrates an association between the two rather than atrial fibrillation causing cancer.

The study followed about 35,000 healthy women aged 45 and older for 20 years. Of these 35,000 women, those who developed atrial fibrillation had a 60% increased risk of cancer diagnosis.

Conen added that there may be a real connection between atrial fibrillation and cancer however it is more likely that there are other shared risk factors for both conditions. These factors include smoking and obesity.

It is believed that men most likely have the same risk however the study did not look into men and the relationship between atrial fibrillation and cancer.

The best ways to reduce your risk of atrial fibrillation or cancer is to lose weight, quit smoking, and exercise. By reducing the risk of one, you reduce the risk of the other.

At the beginning of the study, the female subjects did not have atrial fibrillation or other heart problems or cancer. They were then followed between 1993 and 2013 to see if they had developed either atrial fibrillation or cancer.

Increased risk was highest over the three months after having developed atrial fibrillation but continued to persist long term.  

Here's the source article.

 

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Colon cancer in people less than 50 years old appears to be increasing and scientists don't know exactly why...

Thu, 02 Jun 2016 06:56:00 EST

In the United States, the overall rate of colon cancer is declining however in a study shows that in the last ten years, the rate of colon cancer in people under 50 has increased by more than 11%.

The study also found that the number of colon cancers in people aged 50 and older fell by nearly 3%.

The lead researcher, Dr. Elie Sutton is a research fellow at Mount Sinai West Hospital in New York City and explained that health care providers should more proactively monitor younger patients for any symptoms.

Dr. Elie Sutton continued to say that there is no clear explanation as to why colon cancer is increasing in younger patients. There is speculation that it is a result of an increase in inflammatory bowel disease or a change in diet.

 Researchers in the study found that individuals under 50, diagnosed with colon cancer more frequently were diagnosed when the cancer had advanced to a later stage.

According to the US National Cancer Institute (NCI), colon and rectal (colorectal) cancer is the third most common cancer. An estimated 134,000 new cases of colorectal cancer will arise in 2016. Colorectal falls just behind lung cancer as the second leading cause of cancer deaths.

Researchers of this study reviewed more than 1 million colorectal cancer cases ranging from 2004 to 2013. This data was listed in the National Cancer Database.

The majority of cases of colorectal cancer occur after the age of 50 however the study found that the number of cases of people under 50 is rising about 1%.

This study mirrored the results of a study from January 25th that found that one in seven colon cancer patients is under 50.

Although younger patients are more likely to have an advanced stage cancer, they live slightly longer and with a smaller cancer recurrence because of the aggressive treatment they receive.

Rebecca Siegel, the Strategic Director of Surveillance Information Services at the American Cancer Society explained that although there is no definitive reason as to why the increasing rate at a young age is occurring, there are assumptions that it has to do with obesity and changing patterns in diet.

These studies are changing the screening guidelines to better prepare and diagnose patients.

Certain individuals under the age of 50 should undergo a colonoscopy, specifically those with a family history of colon cancer and with family members with benign tumors in the colon.

Here's the source article.

 

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Is Immunotherapy for Cancer Treatment a Possible "Cure" for Cancer? One Leading Researcher Thinks So...

Thu, 02 Jun 2016 06:51:00 EST

A leading oncologist claims that a cure for cancer is nearer than it has ever been.

Advances in a revolutionary treatment called immunotherapy are now occurring at a rapid rate. In turn, patients benefit substantially.

Oncologists rarely use the word cure. They talk a lot about being “in remission” but cure is the “Holy Grail.”

With some of the immunotherapies, some patients appear to just go on and on with no resurgence of the disease.

One reason cancer cells thrive is because they are able to hide from the immune system. Immunotherapy on the other hand wakes up a patient’s own immune system so it can fight cancer.

Certain immunotherapies mark cancer cells, which makes it easier for the immune system to find and destroy them. Other immunotherapies boost the immune system to work better against cancer.

These treatments have been effective against lung, skin, kidney, bladder, and head and neck cancers. These are some of the most aggressive types of cancer which are extremely difficult to treat and together claim hundreds of thousands of lives each year.

In one British clinical trial, patients with advanced skin cancer who would have been declared terminally ill are now back at work and are predicted to live until old age. Some of the patients may never need treatment again, others may just require top-up sessions every few weeks or months.

Oncologists advice cancer sufferers who want to think about immunotherapy, they should have a discussion with heir oncologist. It is important to access the right information.

Some immunotherapy can be purchased off the shelf, but it is better to do it through a clinical trial in an area where the drugs are licensed. New drugs are provided free for clinical trials and scientist and drug developing clinicians were optimizing the benefits of the new drugs.

Here's the source article.

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Researchers now believe there's a link betweens genes in normal breast tissue and a woman's breast cancer prognosis. Learn why...

Wed, 01 Jun 2016 07:04:00 EST

A study led by the University of North Carolina Lineberger Comprehensive Cancer Center has found that the breast tissue surrounding tumors may be used to scale future survival outcomes. This study is limited to women with estrogen receptor-positive breast cancer.

The National Cancer Institute reports that approximately 70% of breast cancers are estrogen receptor-positive.

Researchers identified and linked a particular gene expression pattern in the surrounding breast tissue of women with estrogen receptor-positive breast cancer, to lower 10 year survival. 

This finding was published in the journal npj Breast Cancer.

There is belief that gene expression patterns will allow for the prediction of survival for patients. Gene expression patterns can be identified through the use of genomic sequencing.

The study’s first author, Melissa Troester, PhD., a UNC Lineberger Member, and an associate professor in the UNC Gillings School of Global Public Health Department of Epidemiology, stated that previous studies attempted to develop predictive biomarkers for the progression of cancer by focusing on tumor cells rather than the surrounding tissue. This study demonstrates that the microenvironment of the tumor as well as the tumor itself plays a role in the prognosis.

Multiple genomic characteristics of the surrounding tissue were analyzed by researchers in this study. Researchers focused on DNA mutations, repeat copies of genes, DNA methylation, and miRNA and Gene expression patterns. This study used samples from the Cancer Genome Atlas which is a multi-institution, collaborative effort.

Co-author Katherine Hoadley, PhD., explained that the surrounding tumor tissues are not as heavily monitored as the tumor itself. In many of the samples, evidence of tumor or changes in the tissue was found. There was no uniform genomic difference in the surround breast tissue to consistently identify defects, demonstrating the difficulty of determining differences.

Approximately 40% of the samples analyzed had some variation of DNA or RNA defect in the normal tissue outside the tumor margin. Genomic determining methods aided in the identification of cancer cells or defective normal cells. These cells were previously undetected using a microscope. The presence of cells with defects was not linked to a better or worse survival.

This study demonstrates the benefits of radiation therapy which has shown lower recurrence rates in women who chose breast-conserving surgery. It also reaffirmed that a wider surgical margin in surgery has no greater benefit as cells with genetic defects may be located as far as 4 centimeters away from the tumor.

Radiotherapy and adjuvant chemotherapy are more effective than a wider margin in surgery in eliminating cells with DNA defects, thus lowering recurrence rates.

Here's the source article.

 

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These news come from The Law Office Of Gerald Oginski, LLC Blog.

Negligence Law and Lawyers Links

DUTY OF CARE


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AB v The Attorney-General for the State of Victoria [2005] VSC 180

 


Breen v Williams (1996) 186 CLR 71

 



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Medical Negligence and Professional Indemnity Insurance ..


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INQUIRY TO REVIEW THE LAW OF NEGLIGENCE


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Workers can apply for workers compensation for work related .. A common law claim is the claim made by an injured worker who commences common law action through the courts against their employer for negligence (they ..


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Purpose of this form. Use this form to claim compensation from the Child Support Agency. (CSA) for loss or injury suffered as a result of the CSA's negligence or ..


AT COMMON LAW


A common law claim for damages was based on an employer's duty to .. The damages were usually larger than the amount paid as Workers Compensation, .. there was proof of negligence, or fault on the part of the employer.


Personal Injury - Issue 51 - Top Topics - LIAC - find LEGAL answers


Claims and compensation payouts were getting bigger and bigger. Insurance .. to the law of negligence and restrictions on people's right to sue. Recently ..


No Fault Compensation Briefing Paper No 6/05


by T Drabsch - 2005 - - 1. 2. PERSONAL INJURY COMPENSATION IN NSW.................... 4. 2.1. The law of negligence ........................................... 5. 2.1.1 ..


The New South Wales Workers' Compensation System: problems ..


With negligence claims, negligence of the employer must be established: ie .. the failure of the common law negligence action to provide compensation for a ..


Fact Sheet 11 - Legal Services Commissioner : Lawlink NSW


Some acts of negligence are more serious than others. .. Clients who complain to the OLSC about legal practitioners usually do not receive compensation .. in the Consumer, Trader and Tenancy Tribunal (for claims of under ..


NEGLIGENCE - Law Handbook


Negligence is doing, or failing to do something that a reasonable person .. in negligence, the person is seeking financial compensation for damage. .. The amount of damages they can claim will be reduced according to the ..


Lawlink NSW: Outline


Despite claims made on its behalf, the common law negligence action does not provide full compensation to most accident victims. Apart from ..


11 ACCIDENTS 11.1 Accidents on private and public property This ..


Shopping centres are covered by the law concerning occupiers. Please note that .. If the owner or keeper is negligent you can bring civil proceedings. .. Compensation can be claimed, and criminal prosecution may be possible. Cruelty to ..


ACCIDENTS AT WORK - Law Handbook


workers' compensation benefits; common law claims against a third party; social security payments. An employee will only be able to keep one ..


13. Damages - Review of the Law of Negligence - Treasury


compensation principle of personal injury law, even taking account of statutory ... law negligence claim, provided the claimant was not at fault in respect of the ..


ACCIDENTS INVOLVING ANIMALS - Law Handbook


The law in this area is regulated by the Dog and Cat Management .. It is not necessary to show that the person responsible for the dog was negligent or knew .. There are three types of compensation claims that can be made ..


Compensation for defective government .. - Law Handbook


Law Handbook Home; Chapters A-F .. compensation can be obtained for loss suffered as a result of negligence, defective administration .. Payment in settlement of a claim; Compensation for Detriment caused by Defective ..


Psychological injury claims - with a date of injury before 13 April


Under the provisions of the Safety, Rehabilitation and Compensation Act 1988, the .. Even if an employee has been negligent or behaved inappropriately in the .. A great deal of weight is placed on decisions on question of law from the courts, ..


Negligence - Where Lies the Future? - Supreme Court : Lawlink NSW


The law of negligence is not immune from this phenomenon. .. right to recover full compensation for negligence according to the rules of the common law. .. that negligence claims are decided according to the law of the State ..


9. Mental Harm - Review of the Law of Negligence


Under current law, if a person suffers negligently-caused physical harm for which another is .. harm will attract compensation only if the harmed person has suffered a .. One of the claims (Tame) concerned a woman who suffered pure mental ..


Claims and benefits: Fact Sheet 4


a claim for workers compensation and what benefits a .. A Work Injury Damages (common law) claim is made when an .. negligence contributed to the injury.


Publications & research - AGS publications - AGS legal notes ..


The common law in Australia in relation to compensation for psychological .. of those who may claim in negligence for pure psychiatric injury.


Key Workers' Compensation Information - Safe Work Australia


Rich Text Format - All Australian jurisdictions have workers' compensation laws which are 'no fault'. .. their injuries were work related - they do not need to prove negligence on the part of .. In 2008-09, there were 128 730 serious workers' compensation claims ..


CSR Submission on Law of Negligence (DEM0215.DOC;1)


Rich Text Format - CSR is a licensed self-insurer for workers compensation in New South Wales, .. The issues facing Australian business in relation to negligence claims can be ..


find LEGAL answers - Accidents and Compensation - Personal injury


About: The law of negligence, public liability insurance, medical .. periods, motor accident claims, damages, compensation (including Workers ..


Compensation application


This form is to assist you claim compensation from Centrelink for loss or .. negligence or other legal grounds, and the Compensation for Detriment .. security or family assistance law – if you intend to ask for a review, you should not delay ..


Compensation for Loss in the Financial Services Sector Issues and ..


consumers of financial services by the law, together with some of the limitations of .. for compensation arrangements with respect to negligence based claims.


LAW REFORM (TORTFEASORS CONTRIBUTION, CONTRIBUTORY


contributory negligence, and to amend the law relating to the division of .. giving rise to a claim for such compensation, and it is determined in that action that— ..


Part 3 Amendment of doctrine of contributory negligence


Law

Reform (Miscellaneous Provisions) Act 1965 No 32. Current version .. court, in relation to any claim, means the court by or before which the claim falls to be determined. damage .. 10 Workers compensation and contributory negligence ..


Frequent Questions - Legal Services Commissioner : Lawlink NSW


What is the difference between negligence and issues of misconduct? .. Complainants who want compensation from a legal practitioner usually .. Lawyers can claim a lien over documents and property that you gave them ..


Legislation - Law Handbook


Law

Handbook Home; Chapters A-F .. Reduction of claims NEGLIGENCE ALCOHOL AND TEENAGE PARTIES Racial hatred; Classification .. Forfeiture orders; Criminal Injuries Compensation Act 1978 VICTIMS OF CRIME COMPENSATION ..


claim compensation from Centrelink.


..

found liable to pay compensation (such as for negligence) if the matter went to a court. .. Before your claim for compensation is considered, your case may be reviewed under the relevant law by a Centrelink Authorised Review Officer and ..


Workers' Compensation and Injury Management Amendment Act 2011


employee through negligence contributed to the injury occurring. Common law damages are awards of compensation determined by a court, in accordance .. pursue a claim for damages outside of the statutory workers' compensation system.


Compensation Recovery Program - Important information


result of the negligence or lack of care by another person. The payment is .. By law, the compensation payer (usually the insurance company) must tell .. subject of a compensation claim and you subsequently receive compensation, the ..


Glossary - Law Handbook


The standard of proof (q.v.) required in civil law (q.v.) cases, i.e. it is more probable .. Insurance that covers claims against the insured by other persons for damage .. The defendant attempts to prove that the plaintiff's own negligence caused or .. Compensation for a wrong done, or an expense or loss suffered as a result of ..


INQUIRY INTO PERSONAL INJURY COMPENSATION ..


economic loss resulting from negligence by the insured. .. Provisions for proportionate liability for claims involving economic loss or property damage .. Commission of Inquiry into Workers' Compensation Common Law Matters (the Sheahan ..


Lawlink NSW: Some Models for Change


Modify existing systems of compensation, such as the common law .. injured workers entitlement to claim damages from a negligent employer.


Lawlink NSW: 2. The Compensation System


2.7 The common law negligence action denied compensation to those .. of contributory negligence which defeated the worker s claim totally if ..


Child Support Agency: The Guide | 6.11.1: Compensation


Compensation may be payable where there is no other remedy available. .. The most usual claim for legal liability is a claim of negligence.


8. Australian remedies: misappropriation and other defaults | ALRC


The claim. 8.2 This section considers the remedies available for recovery of property .. 8.22 The case law suggests that where there is a breach of a fiduciary duty the .. 8.25 Equitable compensation awarded in New Zealand and Canada has ... Due to negligent preparatory work on site by one of the non-Australian joint ..


Three year time requirement - State law matters


Before this claim can be made, the partner must first have obtained a .. If the death was caused by the negligent act of a third party (for example, in a road .. is able to claim compensation for the death of their partner resulting from a homicide.


Structured settlements - information for lawyers - Australian Taxation ..


This means that the defendant will pay part of the compensation money .. Most claims will be common law negligence claims for motor vehicle ..


MOTOR VEHICLE ACCIDENTS - Law Handbook


When claiming compensation, it is necessary to prove that the other .. traffic laws does not necessarily mean she or he has been negligent.


Negligence and Insurance Premiums: Recent Changes in Australian ..


The trade-off between universal compensation at some level and generous .. inherent in a claims made and notified policy virtually irrelevant[6]. .. "Many of the problems that now beset negligence law and extend the liability ..


Handling money and Trust accounts - Law Handbook


If a lawyer has improperly dealt with a client's money, the client may have a right to claim compensation from the Legal Practitioners Guarantee ..


LAW REFORM (CONTRIBUTORY NEGLIGENCE) AMENDMENT ..


claim is based on grounds other than negligence. REASONS FOR .. ACHIEVED. At common law, a defendant being sued for a tort could generally raise .. Queensland Workers' Compensation Self Insurers Association; and ..


LEGAL TERMS


This is not a law dictionary, but it does explain the meaning of many legal words used .. contributory negligence A defence in an action for damages for injuries ... or otherwise for which the injured person may claim damages (compensation).


SECOND SUBMISSION BY THE LAW COUNCIL OF AUSTRALIA TO ..


THE REVIEW OF THE LAW OF NEGLIGENCE. 2 September 2002 .. Compensation for gratuitous services and expenses incurred by third parties. ... approach to causation – especially in medical negligence claims – whereby proof that the ..


LEGAL PROFESSION


Law graduates are not entitled to practise the law until they have been ... It has no power to make a finding of negligence against the lawyer but will .. right to claim compensation from the Legal Practitioners Guarantee Fund, ..


Themes In The Law Of Torts - Supreme Court : Lawlink NSW


Claims by workers against employers have taken forms unheard of before 1960. .. The law of negligence is permeated with uncertainty. .. the workers compensation legislation, the civil liability legislation, or other statutes ..


Disputes and legal costs


Law Handbook Home; Chapters A-F .. workers compensation claims will represent injured workers for this fee and without charging any costs ..


Applying for compensation


Assessing a claim. There are two ways we assess a claim for compensation. They are: compensation for legal liability (for example, negligence) ..


Tort Law Reform in Australia - Supreme Court : Lawlink NSW


Secondly, there have been major changes to the law of negligence .. a person ought to receive compensation, even in a fault based system.


Comments on the Workers Compensation Amendment Bill 2010


ACT Law Society's submission to ACT Government of proposed .. (d) minimise problems associated with cross-border claims; and .. compensation and access to justice for negligently injured employees and lowering ..


3.1.9.20 Requirements to Pursue & Obtain Compensation


Guide to Social Security Law .. Reasonable action to claim compensation .. are generally REDUCED to take account of the contributory negligence, and it will ..


Interstate (non-Victorian) Accidents


had another claim accepted; or; been paid compensation/damages; or .. from the TAC and a claim is made under the law of another state or territory, .. interstate/overseas insurer or negligent interstate owner/driver/third party, ..


Duty of care1


common law principles of negligence. Generally speaking .. which is financial compensation for all foreseeable loss (both economic and non- economic) arising ..


Workers' Compensation and Rehabilitation and Other Legislation ..


harmonising common law claims brought under the Workers'. Compensation and Rehabilitation Act 2003 with those brought under the Civil Liability Act 2003 in ..


4 February 2011


compensation to relatives arising from the negligent death of a .. injury. 18. As the law in NSW currently stands a person can only make a claim ..


Lawlink NSW: Report 43 (1984) - Accident Compensation: A ..


No-Fault Motor Vehicle Accident Compensation Schemes. 5. .. Restrictions on the Common Law Negligence Action .. Wrongful Death Claims ..


AHMAC LEGAL PROCESS REFORM GROUP Options Paper on ..


6. Providing fair compensation. The fault system. 1.11 Chapter 6 examines the operation of the common law negligence action which provides damages to those ..


Submission: Inquiry into superannuation claims of former and ..


THE NATURE OF THE CLAIMS AND RELEVANT LAW .. allegation is negligent misstatement but claims are also being made for negligence generally; .. There are a number of other legal issues arising from the claims for compensation. They ..


Attachment to submission 305 - Australian Lawyers Alliance ..


Medicare, Centrelink, Workers Comp, Comcare. Past Economic Loss .. Medical Negligence. Future loss of superannuation Common law applies. .. claims where damages excluding general damages ... negligent third party causes the injury.


Puttick v Tenon


Tenon contended that the alleged negligence occurred in NZ, that the .. compensation scheme barred a common law claim. In 2006 Justice ..


COAG National Legal Profession Reform


against the consequences of professional negligence by way of appropriate compensation, including future claims against ceased law practices;. • to provide ..


Lawlink NSW: Section 5 - Some Models for Change


5.6 Assuming the common law negligence action continues, a variety .. all workers' compensation and common law claims against employers.


Workplace Standards Tasmania : 9. Common law damages


Claims process checklist. 9. Common .. It must be shown that they were negligent or failed to discharge a statutory duty. Common law damages can compensate you for losses not covered by the normal benefits. For example ..


VF 143 - Public Record Office Victoria online catalogue


Assessment of eligibility and processing of compensation claims under the Act .. accident had the right to sue a negligent party at common law for damages.


4.13.2.10 Treatment of Specific Lump Sums


For information on how lump sum compensation is assessed when .. claims may arise out of motor vehicle accidents, sporting accidents, medical negligence, .. under a statutory scheme or as a result of a common law claim where liability is ..


Structured settlements - information for financial advisers


A structured settlement is a way of settling a claim for personal injury compensation. These claims will be common law negligence claims for ..


Lawlink NSW: Section 3 - Existing Compensation Arrangements


the common law negligence action, which requires proof of fault, but provides "full" compensation in the form of a once-and-for- all lump sum ..


Structured settlements - information for life insurance companies


A structured settlement is a way of settling a claim for personal injury compensation. These claims will be common law negligence claims for ..


Submission 3 - Ian M Johnstone - Disability Care and Support Public ..


injuries, if a no-fault scheme of compensation is introduced. In any case, Common Law. Negligence claims are not an efficient way of finding ways of preventing ..


The Metamorphosis of Slip and Fall - Supreme Court : Lawlink NSW


Small claims for personal injuries are a thing of the past. .. "The statutes in this State relating to workers compensation and common law damages claims .. the basic claim is that the public authority was negligent because it ..


Lawlink NSW: 3. The Law


.. is such that a patient should be entitled to claim compensation because of it. .. One area in which the law in medical negligence cases has ..


Types of claim


- Types of Claim applicable to Supreme Court proceedings. Administrative law - Inherent power of court or under common law (Individual rights). Administrative ..


MEDICAL NEGLIGENCE - Law Handbook


Breaches of that duty may give rise to claims for damages. .. the medical problems which flow from the negligence which lead to compensation.


A Brief Introduction


CTP claims are also subject to the Civil Law. (Wrongs) Act .. owner/driver of the 'at-fault' vehicle provided negligence can be established. You can still .. (e.g. a hit and run accident) you can claim compensation from the Nominal. Document: ..


Access to justice and information


persons seeking compensation for personal injuries and, given the present strain on .. injury laws, which have restricted the rights of injured people to claim .. because it promotes personal responsibility for negligence and ensures justice for ..


What we offer - Areas of law - Negligence and other claims


With strengths in: defamation, negligence and other common law claims, and public .. and experience of the Safety, Rehabilitation and Compensation Act 1988.


Proposals for Tort Law Reform - Review of the Law of Negligence


The laws of negligence have been deliberately used as a compensation .. fund is depleted by claims which are paid, the premiums must increase to replenish it.


CTP Scheme Description (Motor Accident Insurance Commission)


Queensland operates a common law 'fault' based Compulsory Third .. a right to approach a law court to seek monetary compensation from .. accident because there is no negligent party against whom a claim can be made.


Information Regarding Cornwell-Type Claims - Department of ..


Based on supporting documented evidence, Mr Cornwell and the Commonwealth reached an agreement and his claim for compensation was ..


Lawlink NSW: 6. The Choice: Pure No-Fault or a Dual Scheme


6.18 The common law negligence action fails to compensate accident victims .. Total accepted claims covers all non-fatal compensation claims ..


What can be claimed? - Law Handbook


In settling a claim, the solicitor handling it will be able to advise the exact amount the injured party would receive in compensation.


Negligence: Is Recovery for Personal Injury too Generous ..


Secondly, fundamental changes to the law of negligence have been .. the creation of workers' compensation and compulsory third party motor vehicle .. including their effect on the overwhelming majority of claims that are ..


Key features of the Commonwealth workers' compensation scheme


This means that an injured employee does not have to prove negligence on the part of their employer for their claim to be successful. But it must be clear on the ..


Negligence: The Last Outpost of the Welfare State - Supreme Court ..


My observation is based on the practical operation of the law of negligence in ... Relatives claiming under the Compensation to Relatives Act 1897 upon the ..


The Law Reform Commission


caseI a husband was able to claim compensation because he had to endure ... The law of negligence in relation to secondary claims in the Australian Capital ..


Personal injury compensation legislation


Medical negligence compensation law. 198. The modified Bolam rule. 198. Evidentiary alterations in respect of failure to warn. (informed consent) claims. 199 ..


Neighbours and the Law


Needham, Jane. Neighbours and the law/Jane Needham and Sarah Hill; editor, Cathy Hammer. ... compensation for damage to property be paid. • a tree that is ... You can initiate action through the Civil Claims jurisdiction of the Local. Court to .. It allows a person to bring an action in negligence for any damage caused by ..


Workers' Compensation and Injury Management Amendment Act 2011


Common law damages are awards of compensation determined by a court, in .. who can prove that their workplace injury was caused by negligence or other .. can pursue a claim for damages outside of the statutory workers‟ compensation ..


Other Intermediate Courts of Appeal - Negligence .. - Lawlink NSW


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) disclaims all warranties or .. Apportionment of liability in personal injury claim. Shaw v ..


Public Liability - an update Briefing Paper No 11/02


The Act makes changes to the amount of compensation available under common law for personal injury damages claims which are caused by the negligence of ..


Part_4_Reforms


Proportionate liability for claims of economic loss. tick .. Limit compensation for loss of future earnings or loss of earning capacity .. The concept of negligence has two components under Australian law: foreseeability of the risk of harm and a ..


Frequently Asked Questions Claims Estimates


Claims Cost in Accident Compensation, paper prepared for the XIth Accident .. Are non-negligent third party TAC claims excluded for premium purposes? .. (impairment, common law etc) Also, a worker may exercise their appeal rights under ..


Claiming compensation from the department - Applications & Forms


The department may assess your claim and pay compensation in .. Examples: Negligence, actions in contract, personal injury and property damage. Important: ..


5. Trade Practices - Review of the Law of Negligence


('the TPA'), generally, with common law principles of negligence in so far as they apply to .. principles of negligence relating to claims for personal injury and death, it is first necessary to identify .. adequate source of compensation. However ..


Heading 1


Negligence Claims. For a negligence claim to be successful, it must be proven that a coach has a duty of .. coaches owe a duty of care to their athletes under the law of torts. (The law of torts .. statutory worker's compensation. It is likely that ..


Applying for compensation - Australian Taxation Office


There are two ways we assess a claim for compensation. They are: compensation for legal liability (for example, negligence), or; compensation ..


Law Reform (Miscellaneous Provisions) Amendment Act 2000 No 111


court, in relation to any claim, means the court by or before which the claim falls to be determined. .. 10 Workers compensation and contributory negligence ..


Making a claim - Motor Accident Commission


If the vehicle at fault was registered interstate you may be able to claim from the .. For information on entitlement to compensation for other treatment or .. reductions are in addition to any other reductions for contributory negligence. .. The Law Society (ph: 08 8229 0288) can refer you to an appropriate lawyer if required.


NSW Court of Appeal - Decisions of Interest 2011 - Supreme Court ..


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) .. Whether lands the subject of a claim under the Aboriginal Land Rights Act 1983 (NSW) .. overtaken by subsequent negligent failure by third party to correct the defect; .. of Workplace Injury Management and Workers Compensation Act 1988 (NSW); ..


Lawlink NSW: 5. A New Compensation Scheme


Contribute to Law Reform · Law Reform Links .. operation of the Torrens system which result from fraud, negligence, the bringing of land .. A person suffering loss can (without lodging a compensation claim) bring an action for ..


Compensation Recovery Program - Frequently used terms


illness due to negligence or lack of care by another person. The payment is .. forms part of any future compensation payment, then the claim is notifiable to ..


LAWYERS Lave"


governing the Military Compensation and Rehabilitation Scheme (MRCS) .. questions, common law limits and so forth which is the responsibility of Parliament. .. How many potential negligent claims have not been able to be pursued and ..


WorkCover - Law Handbook


WorkCover contracts out much of the administration of most workers compensation claims to Employers Mutual Limited (EML), a private ..


STRUCTURED SETTLEMENTS


A structured settlement is a way of settling a claim for personal injury compensation. These claims will be common law negligence claims for motor vehicle ..


Regulatory Guide RG 210 Compensation and insurance ..


It sets out how we will administer the compensation requirements under s47 ... negligence and other common law claims generally; ..


Civil Liability Act 2003


The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of .. Contributory negligence can defeat claim . ... Injuries under the Workers' Compensation and Rehabilitation. Act 2003 .


Lawlink NSW: IV. If the Compensation Scheme is Retained, How ..


If it is accepted that the State should provide compensation for losses .. considering the relative rarity of compensation claims, might take a long time), .. However, having regard to principles of agency law, the negligence of a ..


Workers' Compensation and Injury Management


your claim. This brochure explains: • the settlement options available under the workers' compensation system, including common law. • who is eligible for ..


Project No 11 – Part II - Law Reform Commission of WA


2.4 Unlike cattle trespass, the right to claim compensation for damage or injury .. of an animal is required by the law of negligence to exercise that control with ..


6 Occupational health and safety


Under common law, people who are injured at work can claim compensation from their employer for negligence or breach of contract. While the potential for ..


Pleadings and particulars — Judicial Commission of New South Wales


Negligence

and breach of statutory duty in common law claims in tort: r 15.5 .. Claims for indemnity under s 151Z(1)(a) of the Workers Compensation Act 1987 ..


Without Prejudice Issue 42 - Legal Services Commissioner : Lawlink ..


.. in personal injury law, Accident victims, Glenbrook Trains Disaster, .. compensation legislation, Substantial medical negligence claims ..


Submission 326 - Safe Work Australia - Disability Care and Support ..


worker does not need to prove negligence on the part of their employer, they are ... limit on compensation that could be expected from a common law claim ..


New South Wales courts - Federal Court of Australia - information for ..


Maritime law — Admiralty — Maritime claims — Jurisdiction .. of period – personal injury and compensation to relatives claims arising out of ship .. NEGLIGENCE – duty of care – duty of ship owner and operator to stevedore ..


6. Limitation of Actions - Review of the Law of Negligence


any sensible reform of the law relating to claims for personal injury or death arising out of negligence should include limitation rules that, as far as possible, ..


Medical Negligence: an update Briefing Paper No 2/04


by T Drabsch - 2004 - - Review of the Law of Negligence (the Ipp Report). ... costs of compensation for, and developing trends in, personal injury claims arising from the provision of ..


Public Liability Insurance


Re-write the tort law to bring the standard of negligence back to a reasonable .. governing how claims are dealt with and how any compensation is determined.


Medico-legal issues: Rural Collaborative Practice Project


Medico-legal claims in Australian hospitals. .. Applying the law of negligence to the Project . ... compensation, called damages. A person may recover ..


Untitled - SA Health Publications


by I Bidmeade - 1989 - The Common Law Negligence Action fail S to provide compensation for a substantial .. In the United States, the hearing of medical negligence claims proceed ..


NSW Court of Appeal - Decisions of Interest - February to June 2010 ..


Negligent advice given by legal practitioner in relation to workers' compensation claim; loss of opportunity to pursue common law claim; ..


Terms of Reference - Review of the Law of Negligence


Principles Based Review of the Law of Negligence .. and unsustainable as the principal source of compensation for those injured through the fault of another. .. from damages claims for death or personal injury (other than for intentional torts).


1.1.C.240 Compensation


Compensation

is defined in SSAct subsection 17(2) as a payment that is made .. of insurance of compensation under an Commonwealth, State or Territory law, .. injury arising from a professional negligence claim (e.g. medical negligence) ..


Finances and Compensation


Compensation. If an injury is caused by negligence it may be possible to pursue compensation through the law. These claims are often complex and may ..


Northern Midlands Council - Trees & Overhanging Branches


Otherwise the laws of nuisance or negligence may allow you to claim compensation, but you should first seek legal advice. Top. feedback Give us your feedback ..


Publications&research - Legal Briefing


Examines reforms to Australian labour law brought about by the Fair Work .. Examines the development of Australian common law in relation to compensation for .. Australian Government employee claims for negligence; these cases related ..


Lawlink NSW: Glossary


A common law negligence action may be brought by a person (the .. to take legal proceedings in order to make a claim for compensation.


Appendix H Australian litigation on gambling - Volume 2 - Inquiry ..


Several of the cases above involved a claim of common law negligence by the .. the hotel was to pay $64 000 in compensation to Famularo and that Famularo ..


Parliament of Australia:Senate:Committees:Legal and Constitutional ..


Settlement of claims for compensation .. are equivalent to those which would be applied in assessing damages for the tort of negligence.


Grounds for compensation claims - Future of Financial Advice ..


Rich Text Format - The policy intent of s912B was to 'reduce the risk that compensation claims to ... obligations to a client, or on its negligent conduct in breach of a common law ..


WHY HAVE TORT LAW? - Review of the Law of Negligence - Treasury


It is common knowledge that this inquiry into the law of negligence has arisen in response to claims by insurers that tort law is rendering public and professional ..


Treasury - Public Liability Insurance - Practical Proposals for Reform


coverage under workers' compensation legislation. A5. Codify the .. higher rate already applies to public liability claims in a jurisdiction. B5. Limits to be .. The law of negligence is complex and technical – it has evolved over many decades of ..


Other Intermediate Courts of Appeal in Australia - Recent Decisions ..


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) .. out of substantially same facts as original claim; O 21 r 5; amended claim statute-barred .. Criminal injuries compensation: second respondent injured when committing a .. Negligence: employee of labour hire firm sent to work for client of firm on ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Negligence

: respondent workman injured when he fell through a hole in .. Workers' compensation: error in point of law; application of principle in Makita; failure to .. Worker's Compensation: claim by injured worker against his former employer ..


Appendix I: Expanding the scope of the NIIS - Inquiry report ..


from the gross negligence of others, and removing access to sue for lump sum damages for .. common law arrangements for compensation of personal injury. Accordingly, .. extinguish the right of people to make common law claims. In most ..


Lawlink NSW: The Transport Accidents Scheme at a Glance


Report 43 Outline (1984) - Accident Compensation: Transport Accidents .. other forms of compensation including the common law negligence action, .. both the Panel and the Tribunal determine claims on the merits and can ..


718 ASC Preg Sport Layout 3-5


organisations. The law also says that people can claim compensation for psychological injuries, not just physical ones. Those who can be liable for negligence ..


INSURANCE - Law Handbook


workers compensation insurance for paid employees, see accidents at work. .. injury insurance to cover injury caused through the negligent use of a motor .. risk) insurance protects an organisation from claims from innocent ..


A death in the workplace - a guide for families and friends


What if the employer does not have a workers' compensation policy? . . . . . . . . . 10. Getting help with .. Further information on claims . .. the law by investigating workplace incidents and work-caused illnesses. WHSQ will ... negligence. You should consult a lawyer if you think the employer's negligence caused the injury, ..


Other Intermediate Courts of Appeal - Negligence .. - Lawlink NSW


DISCLAIMER: Subject to operation of the law, the Supreme Court (NSW) disclaims all .. Apportionment of liability in personal injury claim ..


Law Council of Australia - Comcare


The introduction of the Safety, Rehabilitation and Compensation Act 1988 on 1 December .. injuries suffered in the course of their employment as a result of the negligence of their employers or .. threshold to access full common law claims.


LAW COUNCIL AUSTRALIA - Review of the Law of Negligence ..


Negligence Review Panel (the Panel) with the Law Council at our appearance ... opportunity to mount a claim for compensation, or at least to argue the case ..


Lawlink NSW: 1. Introduction


1.2 The Victorian Law Reform Commission is undertaking a similar reference .. made to exclude compensation for loss arising from fraud or the negligence .. The value of damages in compensation claims is usually (but not ..


ACT Department of Treasury - Compulsory Third Party Insurance


Compulsory Third Party Personal Injury Claim Notification (MANF), 1 October 2008 .. your entitlement will be reduced by the extent of your contributory negligence. .. The Law Society of the ACT can let you know their member firms and their ..


VA 72 - Public Record Office Victoria online catalogue


receipt and assessment (of eligibility) of compensation claims .. at common law for civil damages for loss suffered through the negligence of the employer.


Early impairment determinations for common law


A person therefore who is entitled to no fault compensation under the TAA 1986 may have their .. Also refer to the policy for WorkCover Common law claims ..


Indigenous Deaths in Custody: Part D - Implementing the ..


Victims' compensation legislation and anti-discrimination laws are discussed briefly. The part ... The claim was based primarily in negligence. Such an action ..


STRUCTURED SETTLEMENTS


sporting accidents, medical negligence, public liability, product liability and .. Structured settlements are not possible for workers' compensation type claims, cases .. of the Taxation Laws Amendment (Structured Settlements and Structured ..


Public Submission - Review of the Law of Negligence - Treasury


Rich Text Format - Review of the Law of Negligence .. "One of the purposes of tort law is to deter future harm ." .. breach of this duty can make a claim for compensation.


Civil Liability Act 2002 - NSW Legislation


5T Contributory negligenceclaims under the Compensation to ... (b) the defendant is required by a written law to warn the plaintiff of the risk, ..


Lawlink NSW: 6. Options For Reform


B. What types of claims for compensation should be allowed? .. However, having regard to principles of agency law, the negligence of a ..


Untitled - Department of Education, Employment and Workplace ..


compensation coverage for workers employed by self-insurers? .. the ability of employees to hold their employers accountable at law for negligence. .. common law and lump sums' for 'premium claims' (claims with a date of injury post ..


FREQUENTLY ASKED QUESTIONS - Dust Diseases Tribunal ..


Is there a statute of limitations on suing for damages for dust diseases ? .. The Dust Diseases Tribunal is a court that hears claims for damages for those who have .. a defendant who negligently exposed an injured plaintiff to dust. The Workers Compensation Dust Diseases Board provides statutory no-fault ..


QUEENSLAND LAW REFORM COMMISSION


Actions in which claims are made for damages for negligence, nuisance or .. claims for compensation under any statute or by-law or any regulation thereunder.


Lawlink NSW: 2. The present law in New South Wales


Most frequently the claim will be based on the negligence of the .. who has received workers' compensation, the negligent employee is unable ..


Lawlink NSW: 4. Proposals for Reform


The right to claim common law damages for negligence was to be removed, since the new scheme provided compensation to accident victims ..


Responsible Public Authority: WorkCover Queensland Queensland ..


Workers' Compensation Board of Queensland and WorkCover Queensland in ... COMMON LAW CLAIMS MANAGEMENT . ... Records determining the extent of an employer's negligence in relation to a worker's injury ..


Episode of care—principal source of funding, hospital code NN


05, Motor vehicle third party personal claim. 06, Other compensation (e.g. public liability, common law, medical negligence). 07, Department of Veterans' Affairs ..


REVIEW OF THE LAW OF NEGLIGENCE


Submission to the Review Panel on the Law of Negligence .. the principal source of compensation for those injured through the fault of another. .. to this Review, has not been caused by an increasing number of claims, but rather is the result ..


Trade Practices Amendment (Personal Injuries and Death) Bill (No ..


This Digest does not have any official legal status. .. 17 and 21 of the Review of the Law of Negligence Final Report (Ipp Report). .. An individual can claim compensation for loss or damage suffered as a result of the ..


REVIEW INTO COMCARE SUBMISSION


before the law for all individuals regardless of their wealth, position, gender, age, race .. accidents, professional negligence and women's justice. We also .. administration of workers' compensation in Australia, with ongoing claims and a high ..


Disposal Schedule DS 16


Workers Compensation Act and common law claims. Documents in .. claims of professional negligence on the part of a medical professional or failure to fulfil a ..


Civil process - Crown Law : Portal - Tasmania Online


The major areas of civil law work are workers' compensation claims, medical negligence claims, anti-discrimination and administrative law ..


DE FACTO RELATIONSHIPS (opposite-sex and .. - Law Handbook


Under the Victims of Crime Act 2001 (SA) a partner, as defined under the Family Relationships Act 1975, is able to claim compensation for the ..


Lawlink NSW: 1. Introduction


The survey covered motor vehicle compensation claims, workers' ... claim compensation in the form of damages in a common law negligence ..


Liability for the Engineering Profession The Institution of Engineers ..


Principles based review of the law of negligence. Institution ... those with valid claims have an opportunity to obtain compensation for loss suffered as a result of ..


COAG National Legal Profession Reform


- .. consumers) against the consequences of professional negligence by way of appropriate compensation, including future claims against ceased law practices; ..


Comparison of Workers' Compensation Arrangements in Australia ..


compensation was to sue their employer for negligence at common law. However, workers .. and claims management during the period of the insurance policy.


GOVERNMENT TO PROTECT COMMON LAW RIGHTS FOR ..


"The Government has also announced that restrictions on access to common law compensation claims by injured Queensland workers will not ..


Claim for Compensation for a Work-related death - Employer ..


Comcare has received a Claim for compensation under the Safety, .. medical practitioners and other health professionals, legal advisers and law .. prove negligence on the part of the employer for his or her claim to be successful. For a guide ..


Division_54_Review_Final_Report


The 'future care' head of damage has been removed from the common law, so that .. Even though the number of personal injury compensation claims may be .. have not used structured settlements in resolving any medical negligence claims.


INQUIRY INTO PERSONAL INJURY COMPENSATION LEGISLATION


Claim numbers have dropped dramatically and profitability is again high. In the longer term the restriction or removal of fault-based compensation for negligence ..


Joint Union Submiss - Department of Education, Employment and ..


Commonwealth Safety and Compensation Policy Branch,. Department .. the ability of employees to hold their employers accountable at law for negligence. .. common law and lump sums' for 'premium claims' (claims with a date of injury post ..


7.14 Managing the Legal Rights of Children in the Care of the CEO ..


Jump to ‎: Children in care may be entitled to make civil claims for compensation or monetary entitlement under a variety of ..


Civil Liability Act 2002 - NSW Legislation


5S Contributory negligence can defeat claim · 5T Contributory negligenceclaims under the Compensation to Relatives Act 1897 ..


P:\acts\02\2002-22.wpd [PFP#621623193]


20 Contributory negligenceclaims under the Compensation to Relatives Act .. (Application of common law damages for motor accidents to railway and other ..


In the law of negligence, a disclaimer will not generally be effective ..


(a) reduce or eliminate Act based claims seeking damages for personal injury .. duty of care standard, if such changes are made to the law of negligence, .. 4K at least for the purposes of sections 82 and awards of compensation under ..


Key Workers' Compensation Information, Australia


All Australian jurisdictions have workers' compensation laws which are 'no fault'. That is to .. worker does not need to prove negligence on the part of the employer. .. compensation claims involving one or more week of time lost from work, a ..


CR1 Eileen Sylvia Strikwerda submission


to be an unfair law regarding reduction in damages in a Wrongs Act claim for .. New South Wales Law Reform Commission are hoping to correct in the Compensation .. left behind for the negligent wrongful death of the person closest to them ..


Professional Negligence Litigation: A New Order in Civil Litigation ..


A pre-action protocol for solicitor's negligence claims is to be piloted in England in .. This is a new approach to case management in the Common Law .. More that £300 million pounds in compensation was paid out last year ..


Introduction - Productivity Commission


Rich Text Format - Public sector provisions for net outstanding workers compensation claims reached ... Historically, the principle of fault underlying the common law negligence ..


Lawlink NSW: Why is an Inquiry Timely?


recent judicial criticism of the common law,! negligence action;; financial .. compensation insurers to provide adequately for outstanding claims.


Health industry relevant organisation—source of revenue, public ..


204, Other compensation (e.g. Public liability, common law, medical negligence) .. personal injury claims arising from motor accidents and compensation for ..


Submission by Amaca Pty Limited to the Negligence Review Panel


Rich Text Format - In the course of resolving claims brought against it, Amaca and its legal .. The substantive law of negligence should be uniform across Australia and, to the ... where compensation is payable only to the extent that the loss has been, or is likely ..


find LEGAL answers - Accidents and Compensation - Negligence ..


Jump to ‎: About: Includes information making claims, time limits for .. loss, property related torts, professional negligence, reputation, ..


Making a claim - Motor Accident Commission


For information on entitlement to compensation for other treatment or services .. reductions are in addition to any other reductions for contributory negligence. .. Some people prefer to consult a lawyer to assist them through the claims process.


Law Handbook Online - South Australia


LEGAL OBLIGATIONS AFTER AN ACCIDENT · CLAIMING COMPENSATION · PERSONAL INJURIES .. Complaints against lawyers ... What is negligence?


Medical Negligence and Professional Indemnity Insurance ..


by R Callinan - 2001 - - A settlement agreement for a negligence claim whereby compensation is ... indemnity arrangements of other professionals, including lawyers and accountants.


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


Worker's Compensation: claim by injured worker against his former .. Lawyers: negligence; plaintiff obtained order under Family Provision Act ..


The New South Wales Workers' Compensation System: problems ..


23 part of the defendant. With negligence claims, negligence of the employer must be .. compensation advertising by lawyers & agents (subsequent regulations ..


Negligence and Complaints


A lawyer might be negligent if he or she causes a client to suffer financial or .. excessively delays work on a client's file such that the client's claim becomes statute .. client is seeking compensation for any loss caused by a lawyer's negligence, ..


Submission to the policy review of Comcare's permanent impairment ..


specialise in the area of commonwealth compensation claims. The Lawyers Alliance intends to address only the questions outlined by Comcare's discussion ..


Neighbours and the Law


police and ask for them to be removed. An occupier can sue a trespasser for any damage and claim compensation for any damage caused. As most trespassing ..


FAQs - Personal Injury Claim - Motor Vehicle Personal Injury ..


Personal Injury Claim FAQ's .. as a result of another person's negligent driving of a WA licenced motor vehicle .. What happens if I lodge my claim via a lawyer? .. If you exercise your right to engage a lawyer, the Insurance ..


Professional Negligence Litigation: A New Order in Civil Litigation ..


A pre-action protocol for solicitor's negligence claims is to be piloted in ... More that £300 million pounds in compensation was paid out last ..


Glossary


Insurance that covers claims against the insured by other persons for damage to their .. The defendant attempts to prove that the plaintiff's own negligence caused or .. In a solicitor's bill, a disbursement may include payments made on lodging .. Compensation for a wrong done, or an expense or loss suffered as a result of ..


Guide to income you must declare - Australian Taxation Office


compensation or insurance payments you receive for lost income ... A personal injury case may arise from medical negligence, sporting accidents, motor .. A lawyer can advise you whether or not you have a valid claim.


The Politics, Purpose And Reform Of The Law Of Negligence ..


Insurers are the most frequent defendants in negligence claims. .. Lawyers are not to be under-estimated in the politics of negligence. .. However, the question whether a no-fault system of compensation should be introduced ..


SUBMISSION BY THE LAW COUNCIL OF AUSTRALIA TO THE ..


by LAWCOF AUSTRALIA - 2002 - - The relationship with limitation periods for claims in contract and under statute. 74 .. The principal functions of negligence law are the compensation function, the ... introduced, they should be imposed on lawyers, and the sanction should be ..


Claims and benefits: Fact Sheet 4


a claim for workers compensation and what benefits a .. the worker must demonstrate negligence of the .. the worker's lawyer certifies that the worker has ..


Themes In The Law Of Torts - Supreme Court : Lawlink NSW


The first and most obvious theme is the dominance of the tort of negligence. .. A disappointed legatee can now bring an action against the solicitor for the .. the claim falls under the motor accidents legislation, the workers compensation ..


OPTIONS PAPER Australian Lawyers Alliance - Comcare


1 Australian Lawyers Alliance submission to the Clarke Inquiry. POLICY REVIEW OF .. for their clients – victims of negligence. Programs .. sum benefits, both in terms of the number of claims that have been accepted under the 2nd Edition Guide, but also in terms of payment of actual monetary compensation. The current ..


LAWYERS Lave"


governing the Military Compensation and Rehabilitation Scheme (MRCS) based .. How many potential negligent claims have not been able to be pursued and ..


Division_54_Review_Final_Report


Even though the number of personal injury compensation claims may be .. have not used structured settlements in resolving any medical negligence claims. .. A plaintiff lawyer sought advice in 2004 about the possibility of a structured ..


13. Damages - Review of the Law of Negligence - Treasury


13.24 The absence of such a tariff system makes it more difficult for lawyers .. compensation would be payable in respect of any claim (for general damages) ..


Costs — Judicial Commission of New South Wales


The purpose of an order for costs is to compensate the person in whose favour it .. But the mere fact that a defendant strenuously defends a claim does not .. by the same solicitors and counsel, there is a convenient "rule of thumb" that the .. that the issues of liability and apportionment for contributory negligence were not ..


Structured settlements - information for lawyers - Australian Taxation ..


A structured settlement is a way of settling a claim for personal injury compensation so that instead of the injured person (claimant) .. In other countries, plaintiff lawyers have been found to be negligent for not adequately ..


ch 10 Pleadings


Civil pleadings contain the particulars of a claim or defence and help to narrow the .. Lawyers fear professional negligence claims if they limit the issues ... compensated for by an appropriate costs order, or if it would be contrary to the public ..


claim compensation from Centrelink.


Centrelink may pay compensation where it is likely to be found liable to pay compensation (such as for negligence) if the matter went to a court. .. Before your claim for compensation is considered, your case may be reviewed under the ..


Without Prejudice Issue 42 - Legal Services Commissioner : Lawlink ..


.. Workers compensation legislation, Substantial medical negligence claims .. The second count involved the solicitor misleading a legal ..


Lump Sum Damages - Common Law


A common law claim may be lodged for injury or death from: .. Any contributing negligence on the part of the claimant themselves could have the effect of .. The compensation payable may include, loss of income benefits - (Loss of .. In such circumstances the claimant's lawyers are asked to cooperate to the fullest in ..


LEGAL PROFESSION


In South Australia lawyers study at either the University of Adelaide or .. It has no power to make a finding of negligence against the lawyer but will .. a right to claim compensation from the Legal Practitioners Guarantee Fund, ..


Lawlink NSW: 3. The Common Law Negligence Action


3.1 In Chapter 2 the history and present state of compensation ... from the solicitor who had represented them in their compensation claim.


Negligence and other claims - Australian Government Solicitor


AGS has extensive experience in the fields of negligence and other damages claimed against Australian Government departments and agencies. Our lawyers ..


A Brief Introduction


owner/driver of the 'at-fault' vehicle provided negligence can be established. You can .. (e.g. a hit and run accident) you can claim compensation from the Nominal .. A lawyer can give you independent advice about whether you have a claim ..


Comparison of Workers' Compensation Arrangements in Australia ..


It was no longer necessary to prove negligence on the part of an employer. ... aligning common law claims brought under the Workers' Compensation and ..


ACT Department of Treasury - Compulsory Third Party Insurance


Compulsory Third Party Personal Injury Claim Notification (MANF), 1 October 2008 .. your entitlement will be reduced by the extent of your contributory negligence. .. A lawyer can give you independent advice about whether you have a claim ..


4 February 2011


SUBMISSIONS OF THE AUSTRALIAN LAWYERS ALLIANCE. These submissions .. Contracting Pty Ltd -v- Strikwerda & AnorI in respect to claims for compensation to relatives arising from the negligent death of a person as a ..


STRUCTURED SETTLEMENTS


for compensation. A lawyer can advise you whether or not you have .. negligence, sporting accidents, motor vehicle accidents, and public liability or product liability. .. s The claim is not a workers' compensation type claim. s The settlement is ..


Submission 3 - Ian M Johnstone - Disability Care and Support Public ..


The ideal reform would be a National Compensation and Rehabilitation .. recovered go to the lawyer as costs if there is a win and nothing to the lawyer in an .. heretical, or at least unthinkable, to abolish Common Law Negligence claims for ..


MEDICAL NEGLIGENCE


Breaches of that duty may give rise to claims for damages. .. Often a lawyer will have to collect a great deal of information, such as .. It is only the medical problems which flow from the negligence which lead to compensation.


INQUIRY TO REVIEW THE LAW OF NEGLIGENCE


interests of fairness, doctors and other professionals, including lawyers, should be .. and unsustainable as the principal source of compensation for those ... cases dealing with aspects of the law of negligence in claims for damages for ..


National approach necessary;


- A public perception of 'ambulance chasing' personal injury lawyers and the ... Claims for personal injury compensation arise out of the finding of negligent ..


REVIEW INTO COMCARE SUBMISSION


The Australian Lawyers Alliance is the only national association of lawyers and other .. accidents, professional negligence and women's justice. We also .. administration of workers' compensation in Australia, with ongoing claims and a high ..


find LEGAL answers - Accidents and Compensation - Personal injury


Jump to ‎: Title: Accidents and injuries, Vol 2, Lawyers practice manual NSW. About: Covers workers compensation, car accidents, ..


Litigation & Dispute resolution | Victorian Government Solicitor's ..


Our team of specialist public lawyers are skilled at advising on all matters of civil .. S 138 matters (Accident Compensation Act recovery proceedings by the VWA) .. civil claims against police members, contractual disputes, negligence claims, ..


Negligence


What will be regarded as negligence varies from case to case, and no firm .. A lawyer might be negligent in allowing excessive delays that result in the .. to a client nor can it award compensation to the client although the parties may .. the client to seek independent legal advice about a negligence claim.


Attachment to submission 305 - Australian Lawyers Alliance ..


Medicare, Centrelink, Workers Comp, Comcare. Past Economic Loss .. claims where damages excluding general ... negligent third party causes the injury.


Negligence and Insurance Premiums: Recent Changes in Australian ..


The trade-off between universal compensation at some level and generous .. inherent in a claims made and notified policy virtually irrelevant[6]. ... apply to cases of alleged negligence by lawyers, accountants and auditors.


No Fault Compensation Briefing Paper No 6/05


by T Drabsch - 2005 - - Medical Negligence: An Update by Talina Drabsch, NSW. Parliamentary ... potential claims were prevented by the changes to the tort system in 2002. ... Australian Plaintiff Lawyers Association, The Compensation Scheme under the Motor ..


Word version - Lawlink NSW


- c my solicitor c my barrister c lawyer for the other side .. c professional negligence (e.g. medical) c industrial law c victims compensation .. If you are claiming compensation, please set out details of the amount claimed and the reasons, in the ..


NSW Court of Appeal - Decisions of Interest - February to June 2010 ..


Negligence; advice; lawyer advised client about making a claim under the Workers Compensation Act 1987 but failed to advise her that, ..


Negligence: The Last Outpost of the Welfare State - Supreme Court ..


Death Benefits and Contributory Negligence Relatives claiming under the Compensation to Relatives Act 1897 upon the death of a relative find themselves in a ..


Structured settlements - information for injured people


A lawyer can advise you whether or not you have a valid claim. You may be entitled to receive your compensation in the form of a lump sum or a .. A personal injury case may arise from medical negligence, sporting accidents, ..


Negligence - Where Lies the Future? - Supreme Court : Lawlink NSW


The law of negligence is not immune from this phenomenon. .. human right to recover full compensation for negligence according to the rules of the common law. .. causes of action unbelievable to a previous generation of lawyers. .. fact that negligence claims are decided according to the law of the State ..


Compensation and insurance


A lawyer can advise you whether or not you have a valid claim. If you settle a personal injury claim, or if a court orders in your favour, you may ..


COMPLAINT FORM


q professional negligence (e.g. medical) q industrial .. the Commissioner or the Administrative Decisions Tribunal finds the lawyer guilty of unsatisfactory professional conduct or .. If you are claiming compensation, please set out details of the ..


Other Intermediate Courts of Appeal in Australia - Recent Decisions ..


Negligence: action for damages in negligence for detention as an .. summary invoice constituted a payment claim giving rise to a payment dispute under the .. Lawyers: duties and liabilities; authority to compromise; counsel for the ... 87 of the Accident Compensation Act (Vic) eliminated the requirement of ..


Commercial notes No 23 - Australian Government Solicitor


The legislation also extends to claims for damages under the .. Damages is defined broadly to cover 'any form of monetary compensation': s 24AE. ... and dispute resolution lawyers who specialise in the law of negligence, ..


Pleadings and particulars — Judicial Commission of New South Wales


(For example, it may be asserted that the defendant was negligent, in which case ... Claims for indemnity under s 151Z(1)(a) of the Workers Compensation Act 1987 .. from the defendant's solicitor to the plaintiff's solicitor dated [...... date].


Legal Briefing No 68 - Australian Government Solicitor


The common law in Australia in relation to compensation for psychological .. of those who may claim in negligence for pure psychiatric injury.


Access to justice and information


to bring their claim due to the cost of legal representation. Accessing .. injury laws, which have restricted the rights of injured people to claim compensation. It is noted .. because it promotes personal responsibility for negligence and ensures justice for .. Such information is important to assist people in selecting a lawyer ..


Legal Bulletin issue 14 - Consumer, Trader and Tenancy Tribunal


The home owners also claimed negligence by the architect in approving .. proper and workmanlike manner which gave rise to the order for compensation. .. to rely solely on the Hall report was his alone or that of his lawyers.


Policy and the Swing of the Negligence Pendulum - Supreme Court ..


[11] Public policy protects claims by students against examiners. ... and desire to compensate fully those harmed by the negligence of others prevailed. .. The courts hesitate long before holding that a solicitor is negligent.


MEDICAL MALPRACTICE - AN INTERNATIONAL PERSPECTIVE ..


My lawyer's eye discerned that medical malpractice was not classified as a type ... have abolished tort claims for work injuries, making statutory compensation ..


INQUIRY INTO PERSONAL INJURY COMPENSATION LEGISLATION


Lawyers Alliance. Nearly 500 lawyers who specialise in representing injured plaintiffs in compensation claims are members of the organisation in New South ..


(2) A contravention of this clause by a barrister or solicitor is ..


to any area of practice or specialty of the lawyer that is published by an .. increasing the number of litigated personal injury compensation claims and driving .. of injured people to take legal action against a negligent defendant, was a myth.


INQUIRY INTO PERSONAL INJURY COMPENSATION ..


compensation legislation in NSW. .. The changes to the workers' compensation scheme in 2001. .. economic loss resulting from negligence by the insured. During late .. Provisions for proportionate liability for claims involving economic loss or property .. Claimants and their solicitors are able to enter into costs agreements ..


STANDING COMMITTEE OF ATTORNEYS GENERAL


the Victorian legislation providing for limited compensation payments to clients; .. test could preclude a claim of negligence against a solicitor in circumstances ..


Compensation for defective government administration ..


Complaints against police · Complaints against lawyers · Complaints .. Payment in settlement of a claim; Compensation for Detriment caused by .. against the Commonwealth – usually for an action in negligence but can also ..


CHAPTER 4 - Review of the Law of Negligence


Rich Text Format - It is unconvincing for plaintiff lawyers' groups to assert that there is little .. 1 Further, when claims are made, the proportion that is successful is not high. .. negligence, only one in 15 received some financial compensation from ..


A death in the workplace - a guide for families and friends


What if the employer does not have a workers' compensation policy? . . . . . . . . . 10. Getting help with the .. Further information on claims . ... negligence. You should consult a lawyer if you think the employer's negligence caused the injury, ..


Australian Institute of Criminology - Compensation for wrongful ..


Compensation levels for wrongful conviction in Australia are not as .. This paper considers the scope of claims made in Australia through some key case studies. .. not as generous as those for normal tortious claims such as negligence, .. Academics, lawyers and the press have criticised this rather mean ..


80028 OLSC NL Oct2007.indd


Injury Compensation Lawyers. • Personal Injury News. • Public Liability / Slip & Fall. • Motor Accident Claims. • Medical Negligence. • Asbestos ..


Centralised management of common law personal injury asbestos ..


The Asbestos-related Claims (Management of Commonwealth Liabilities) .. benefits under the Veterans' Entitlements Act 1986, Safety, Rehabilitation and Compensation .. alleged to have negligently caused or contributed to the asbestos-related .. staff and will utilise a range of external lawyers and research consultants.


Lawlink NSW: Existing Compensation Arrangements


the common law negligence action;; the workers' compensation .. out by lawyers on behalf of the litigants) incurred in common law claims vary, ..


80216 HUMSER Cov.indd


by M Ellison - 2005Minter Ellison, Lawyers (Minter Ellison), the DH contracted claims manager for the .. the injury gives rise to a legal entitlement to compensation, that liability will .. Letters asserting negligence or wrongdoing or making a claim for some form of ..


Speeches and Papers - Legal Services Commissioner : Lawlink NSW


Large damages would still be pursued through a negligence claim before a court, as the OLSC is arguing for a compensation power that is ..


DDA: Court decisions


Confidentiality of settlement agreement and claim form .. Application to be represented by a non-lawyer refused .. Employment discrimination claim found barred by deed of release in workers compensation claim .. attempting to board found negligent rather than discriminatory; rail operator found to have ..


Structured settlements - examples


Paul's lawyer made a claim for compensation against the public .. Tony was seriously injured because of medical negligence, for which the ..


Compensating crime victims within New Zealand's no fault accident ..


Whilst the benefits available in fatal claims include: surviving spouse weekly .. There is no need for lawyers; nor are there the other expensive trappings of a compensation system based on showing fault or negligence in the courts. How did ..


The Metamorphosis of Slip and Fall - Supreme Court : Lawlink NSW


Small claims for personal injuries are a thing of the past. .. "The statutes in this State relating to workers compensation and common law damages claims by .. is to follow the example of the New York Plaintiff Lawyers' Association, or, .. further than the recommendations of the negligence review panel, ..


NSW Court of Appeal - Decisions of Interest - August to December ..


Whether work referred to in variations claim part of work covered by lump-sum .. Proceedings involving the Workers Compensation Act 1987 s 151Z; whether .. Negligence; solicitor acting for both parties; duty of care during ..


Negligence: Is Recovery for Personal Injury too Generous ..


Secondly, fundamental changes to the law of negligence have been implemented by statute. .. the creation of workers' compensation and compulsory third party .. including their effect on the overwhelming majority of claims that are .. Lawyers, even after Wagon Mound (No 2), continued to refer to the test ..


Tort Law Reform in Australia - Supreme Court : Lawlink NSW


Secondly, there have been major changes to the law of negligence implemented by statute. .. The plaintiff lawyers, or as, they call themselves, trial lawyers of New .. a person ought to receive compensation, even in a fault based system. ... The evidence suggested that in smaller claims, say up to about ..


COAG National Legal Profession Reform


2 Professional indemnity insurance for foreign lawyers practising foreign law in Australia will .. against the consequences of professional negligence by way of appropriate compensation, including future claims against ceased law practices; ..


The Essential Handbook - business.gov.au


contractors relating to payroll tax, workers' compensation and insurance. For more .. Unfair contract claims must be brought to the Federal. Magistrates Court or ..


CGU Insurance v Porthouse


A barrister, who failed to advise that a compensation claim be filed before .. both the solicitors and Mr Porthouse had been negligent and gave ..


Recurring Issues in the Court of Appeal - Supreme Court : Lawlink ..


TC v State of NSW [2001] NSWCA 380 (negligence by omission – causation – onus of .. Co [2001] NSWCA 461 (filing of cross claim after Calderbank Letter, costs of contribution .. General rule against double compensation ... Assessing damages in cases involving solicitors negligence and Limitations Act ..


VGSO Publications | Victorian Government Solicitor's Office | VGSO


Victorian Government Solicitor's Office | VGSO .. IP & Technology, Judicial Review, Land Acquisition and Compensation, Law Enforcement and .. Throws a spotlight on negligence claims against the police and explores the circumstances in ..


Proposed Changes to the ACT's CTP & Workers Compensation ..


the Act prevents any statement of claim or defence being filed in court. A solicitor who so certified at this time could be guilty of negligence because the issues in ..


Fidelity Cover - Attorney-General's Department


- Practising lawyers represent a category of professionals required to hold both .. protection against losses, whether they are caused by negligence or wrongdoing. .. The purpose of the fund is to provide a source of compensation for people who .. Payments of successful claims in relation to failure to account and dishonest ..


Instructions for filling out a Statement of Claim - Car Accidents ..


If you are not represented by a lawyer this should be your own name and .. in a car accident claim, see Pleadings and particulars used in car accident claims. .. For an example of Particulars of Negligence, see Sample Statement of Claim 1 ..


Legislation


Reduction of claims NEGLIGENCE ALCOHOL AND TEENAGE PARTIES Racial .. Injuries Compensation Act 1978 VICTIMS OF CRIME COMPENSATION .. Legal Practitioners Act 1981 Complaints against lawyers Disputes about costs ..


A GUIDE FOR PEOPLE INJURED IN A MOTOR VEHICLE ACCIDENT


If liability is accepted with contributory negligence. 13. If liability .. be able to make a claim for personal injury compensation .. accredited solicitors in your area.


LONG TAIL PERSONAL INJURY CLAIMS CORPORATIONS AND ..


The Australian Lawyers Alliance makes this submission to the Corporations and .. personal injury claim shall be placed on the same footing as current creditors of ... the rights of the injured and those disadvantaged through the negligence of ..


Lawyers' Immunity


It was also held that a solicitor would be entitled to the same immunity in ... the immunity to claims in negligence which is not the extent of the immunity. In ... 'struck off' the roll and/or being ordered to pay compensation for professional ..


ACCIDENTS INVOLVING ANIMALS


There are three types of compensation claims that can be made where an injury .. It is advisable to see a private lawyer or seek legal advice from a .. than dogs) is decided according to the principles of the law of negligence.


Public Liability Insurance


injury or property damage caused by or attributable to the negligence of the insured. ... governing how claims are dealt with and how any compensation is ... May allocate the matter to its (usually external panel of) lawyers to defend the ..


Public Submission - Review of the Law of Negligence - Treasury


Rich Text Format - breach of this duty can make a claim for compensation. .. win - no pay ' lawyers , anyone who has chosen to enter into medical negligence litigation knows that ..


 


Negligent liability in sport


by N Schot - 2005 - - allowing valid victims of negligence in sport to claim damages, with the fact .. 16 Dean Laing, 'Liability of Contact Sports Participants' (1993) 66 Wisconsin Lawyer 14. ... compensation for their remaining loss which was caused wholly by the ..


Misrepresentation and misleading or deceptive .. - Lecture Notes


Lawyers

are used to the idea of fault as a pre-requisite to liability. We see this is negligence actions, in estoppel cases (remember the need to show .. there were certain limits on recovery in the relevant workers' compensation legislation. .. Ormiston J held that a breach of contract claim could not be sustained because of ..


E LAW | A Remedy for Nervous Shock or Psychiatric Harm – Who ..


The development of the law on compensation for psychiatric injury for .. In psychiatric injury claims based on negligence, the above ingredients often merge into ... as unsatisfactory by judges, lawyers, academics, plaintiffs and defendants.


Professor Barbara McDonald - Sydney Law School - The University ..


Liability for Negligence; Tort Law and reform; Negligence; Professional and .. "Proof of Causation in Claims for Negligence and Breach of Contract", (1999) 73 .. No-Fault Compensation", 2005 Australian Lawyers Alliance No-Fault Forum, ..


Luntz, Harold --- "Loss of Chance in Medical Negligence" [2010 ..


by H Luntz I make no claim in this paper to any originality in the theory, either for or .. have caused the actual injury: compare Compensation Act 2006 (UK) s 3 (where ... This is what is done in the cases in which a solicitor's negligence ..


the sydney law review


he has taught a generation of law students, educated and informed lawyers, mentored and .. claim to have heard of, let alone read — were the stuff of legend. .. compensation scheme that does not depend on proof of negligence. Luntz ..


Bullying in the workplace (OHS 65)


Workers' compensation claims for psychological injury are the most expensive ... was held to be negligent, in that the employer's representative (the worker's ..


Will Apportionment of Responsibility for Misleading Conduct Erode ..


by SA Christensen - 2006 - - introduction of the concepts of contributory negligence and .. Technology; Consultant Gadens Lawyers; Amanda Stickley, Lecturer, .. concurrent wrongdoers where a claim for compensation under s 82 arises from the contravention of s. 52.


E LAW | Public Tort Liability: An Alternative to Tort Liability and No ..


For example, no citizen would claim that suing in negligence is a form of ... the tort system and the share going to the plaintiff as compensation after lawyer fees ..


CIVIL LIABILITY ACT 2002


Standard of contributory negligence 5S. Contributory negligence can defeat claim 5T. Contributory negligence-claims under the Compensation to Relatives Act ..


SOLICITORS' WILL-MAKING DUTIES


by R Mortensen - 2002 - ble corollary is that there has been a rise in the number of claims — merited or .. Martin Vranken, 'Negligent Solicitors and Compensation for Economic Loss: ..


Contemporary developments in the law relating to personal injury ..


by BD Bongiorno - 2001 - personal injury, negligence and compensation. Bernard .. the famous British lawyer, politician and wit, once said that ... can succeed in a claim in negligence.


EDUCATIONAL NEGLIGENCE: AN AUSTRALIAN PERSPECTIVE


student has that same option.95 Where a student wishes to claim compensation by relying on negligence law because, in the student's view, the education ..


UNSW Continuing Legal Education Workers Compensation


We will examine important cases and legislation dealing with compensation procedures and principles. .. Small Claims; and .. groups; Professional Negligence Plaintiff Lawyers; Union & Industrial Advocates; Workers Compensation Lawyers ..


Time to abolish lawyers' immunity from suit - [1999] AltLJ 32; (1999 ..


Why should a surgeon who loses a case because their lawyer has failed to read .. to be compensated as the lawyer when the surgeon leaves a swab inside him? .. Australian barristers and solicitors are immune from claims for negligence in ..


Australian Costs of Raising Children, by Dr Paul Henman - School of ..


Courts and lawyers have used costs of children research to identify the size of .. in medical negligence and motor vehicle accident compensation claims.


Trends in Personal Injury Litigation: The 1990s - [2003] VUWLRev ..


by ALS Abolished - Just as Accident Compensation did not exist in a political or social vacuum, it also did not .. Medical mishap was defined to occur where there had been no negligence in .. As claims for nervous shock started to be made, lawyers also added ..


WebLaw - Torts


Health and Other Services (Compensation) Act 1995 (C'th): An Act relating to the .. a person; to amend the Legal Profession Act 1987 in relation to costs in civil claims. .. of civil actions; to amend the common law doctrine of contributory negligence; .. Torts Law (Service/Regulatory Agency) Practice Group (Crown Solicitors ..


UNSW Continuing Legal Education Personal Injury


Claims against employers, landowners and Local government • Negligence Claims • Managing expert medical witnesses. 12.15pm -12.30pm Questions –Close ..


CIVIL LIABILITY ACT 2002 (NSW)


statutory schemes, CTP and workers compensation. .. All personal injury damages claims, including medical negligence, contract and tort liabilities, ... Courts may force lawyers to indemnify their clients who incur increased costs liability as a ..


QUT | LJJ | Queensland Government Actions to Compensate ..


by L Stallybrass - 2004 Third, those conducting or managing the process (judges, lawyers, ... He proposed to claim damages for negligence, breach of contract, ..


"Premiums should be based on claims experience so as to provide ..


by A Clayton - 2002 - impact upon workers' compensation claims. However, this is a .. 3. A recent example of such an argument is the Australian Plaintiff Lawyers Association. (APLA) submission, dated 2 August 2002, to the Law of Negligence Review Panel. 3 ..


Medical negligence, litigation and mediation


by L Emanuel - 2002 - people who seek compensation for injuries actually caused by .. a negligence claim take action? Informed .. for that matter, lawyers) is the cause of the current ..


1 Law Reform (Contributory Negligence) Amendment Bill 2001 LAW ..


The Bill will enable the apportionment of liability in a claim for damages where the claim is based on grounds other than negligence. .. of Australia · Queensland Workers' Compensation Self Insurers Association; and · Commerce .. Bill 2001 · Queensland Law Society · Australian Plaintiff Lawyers Association · Queensland ..


E Law: Constructing a Liability: Bryan v Maloney


The ordinary law of negligence does not permit a claim of damages arising from a .. This legal fiction embodies a policy not to compensate for mere quality defects. .. In Hill, this produced a comparison of the solicitor's liability to that found in ..


RISING LEGAL COSTS


by RE Marks - - that, whether lawyers or business economists, advisors of those who must make .. Florida, which applied the English rule to medical malpractice claims during .. For some kinds of accident compensation cases, a form of no-fault insurance ..


17 Workers Compensation:CLE


Small Claims; and. • Workplace Injury .. Workers Compensation Lawyers. Litigation Lawyers. In-house legal advisors. Professional Negligence Specialists ..


Personal Injury Lawyer / Jobs / Degrees to Careers / Students / The ..


Personal injury lawyers specialise in representing and advising clients .. liability, negligence, defamation, claims against government departments, .. whether or not they have a case and are likely to receive compensation.


Vranken, Martin --- "The Relevance of Civil Law Doctrines in ..


by M VRANKEN - In the result, a disappointed legatee's claim to be compensated for the economic harm caused, negligently, by a solicitor's failure to act was upheld in Hill v Van ..


Dr John Bevacqua - Staff profile, La Trobe University


John practised as a tax and corporate lawyer for over 10 years before .. taxpayer rights to compensation for wrongs of the Commissioner of Taxation. .. J Bevacqua, 'A Detailed Assessment Of The Potential For A Successful Negligence Claim ..


" Who then in law is my neighbour?"-Reverting to First Principles in ..


by NA Katter - 2004 - adventurous lawyers and disgruntled clients with a new horizon of potential .. to be compensated for negligently generated economic loss can include: the public .. accommodate and balance these issues in the variety of negligence claims ..


Australian Lawyers and Social Change – 30 Years Later


The focus of the conference was the role of law and lawyers in society, .. abolished common law rights to claim compensation for personal injury ... negligence (that is, failure of a plaintiff to take reasonable care for his or her own safety) ..


Barker, Kit --- "Unfamiliar Waters: Negligent Advocates, Egregious ..


by U WATERS Abstract: The negligent misrepresentation of a client's case at criminal .. claims against negligent solicitors and others for lost civil litigation, or lost .. danger of allowing a criminal to claim compensation for the consequences ..


TORTS - Lecture 11


Microsoft Powerpoint - greg.young@lawyer.com .. Non-economic loss is traditionally claimed under three main heads of damage: .. There is no acceptable criteria for assessing what is fair compensation for a .. A court cannot award exemplary, punitive or aggravated damages in an action for personal injury resulting from negligence : s21 ..


MIXED MESSAGES ON SEXUAL ASSAULT AND THE STATUTE OF ..


Review of the Law of Negligence: Final Report ('Ipp Report')4 have largely ... liament in enacting a limitation statute, a species of so-called 'lawyers' law'.61 ... so as to enable them to make late claims for compensation: see, eg, Wright v ..


Legal eagles drink to a mouse, La Trobe University


The law of negligence has long been flavoured by unwelcome critters. .. about a mouse in a drink would have caused the eyes of many lawyers to mist over .. and in this case poor May Donoghue was able to be compensated by the manufacturer for .. This claim gives rise to all sorts of speculation about the effects of the ..


PERSONAL INJURIES COMPENSATION SINCE THE .. - Informit


by A Field - 2008 - - delivered at the Australian Insurance Law Association, Melbourne, 18 October .. the existing law, whether their claims were based on negligence or any other ..


The Australian Picture - [2004] VUWLRev 40; (2004) 35 VUWLR 879


by H Luntz - My paper, "Looking Back at Accident Compensation: An Australian Perspective" ... even if they were successful in obtaining judgment, and the lawyers involved did not .. The Panel is not aware of any significant volume of negligence claims ..


REGULATION OF THE ETHICS OF AUSTRALIAN LEGAL ..


by C PARKER - - 'gross negligence' could a lawyer be sanctioned for lack of care and .. frivolous or vexatious claims or claims for an ulterior purpose, or for excessive ... compensation or restitution was available to the client through the disciplinary process.


Alan Davidson - Law Firms


Solicitor

and Barrister of the Supreme Court of New South Wales and of the .. 35 Years concentrating in personal injury and medical malpractice claims. .. Compensation Act, injury benefit plans, workplace injury claim defense and ERISA.


harriton v stephens PDF summary


claim related to the failure of her mother's GP to accurately diagnose her mother's .. brought alleging liability in negligence and seeking compensatory damages. The appeal to the .. possible for a person to claim compensation for his or her existence, even where .. legislators and lawyers throughout the world." Crennan J ..


imageREAL Capture


'I say, doctor,' said a lawyer one day, 'why are you always running us .. is no doubt an unpopular principle in medical circles - that a negligence claim is not .. had arisen out of original proceedings to determine the compensation payable ..


LAW OF TORTS


Microsoft Powerpoint - greg.young@lawyer.com .. Motor Accidents Compensation Act 1999 except the provisions that subsection (2) .. The part applies to any claims in negligence regardless of whether the claim is brought in tort, contract, under statute or otherwise ..


NEGLIGENT INVESTIGATION BY POLICE: CAN A DUTY OF CARE ..


by J YULE - - receiving no compensation. The tort of .. and individual police officers, claiming malicious prosecution, negligence and breach of his rights under the ... Why should they not be liable, as other groups such as doctors, lawyers and engineers ..


LEC - Subjects - Torts - Links


Motor Accidents Compensation Act 1999 (NSW) .. Statutory Duties (Contributory Negligence) Act 1945 (NSW) (repealed legislation) ..


Corbett Final.fm


by A CORBETT - - This body of law gives a right to claim compensation to any person who has sustained harm .. system is not fair in the sense that the tort of negligence delivers compensation to a very small number of .. by tort lawyers.14. The obligation to pay ..


GOVERNMENT LIABILITY IN NEGLIGENCE


35 See, eg, Mark Aronson, 'A Public Lawyer's Responses to Privatisation and .. novel negligence claims by reference to its notions of what might be 'fair, just ... concerns as to whether the state should compensate certain classes of loss.122 ..


Sport in Schools: Some Legal Liability Issues


by P Williams - and pursues a claim for compensation, the student usually sues the education authority in negligence. .. New Zealand Education Law Association (Inc), ..


WORKERS' COMPENSATION AND REHABILITATION ACT 2003


Entitlement to compensation ends if damages claim is finalised Division .. Information to be given by party's lawyer before other type of settlement attempted 292. Parties to make .. Standard of care in relation to contributory negligence 305G.


TIME TO ABOLISH THE RULE IN SEARLE V WALLBANK FOR ..


by A Gray - 2008 - the doctrine in Searle v Wallbank (mostly in relation to negligence claims only),34 the .. compensation to a plaintiff injured by cattle that had strayed onto a highway .. injure your neighbour; and the lawyer's question, Who is my neighbour?


Contractual Liability


other party for workers' compensation, fire, motor vehicle and other claims which were .. contract endeavoured to limit claims for negligence to resupply of the .. were occupying, and the solicitor acting for the building owner refused to alter it.


Apportionment under the Civil Liability Act


by AP Stickley - 2008 - Queensland Lawyer 28(6):pp. 292-294. © Copyright .. The damages were to compensate the plaintiff for the cancellation of his winning Oz .. central element to both the breach of contract and the negligence claims (at [26]). At [30] his Honour ..

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Friday, 20 October 2017
Legal Advice News
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Have you been in a car accident?

If you have been involved in a car accident, then the chances are that you could be entitled to claim compensation. It is important you seek legal advice immediately following are car accident as there are stringent time limits that apply to the making of CTP claims.

If you have suffered a personal injury in a car accident, either as a:  driver, passenger, cyclist, motor cycle rider or pedestrian, you could be entitled to claim compensation, whether you have minor soft tissue injuries, whiplash, broken limbs, head injuries or far more serious injuries. It is important you obtain sound legal advice without any delay. Enquire today to find out what compensation you could be entitled to.

To find out what compensation entitlements you could receive for your injuries please complete our no obligation, FREE Online legal Enquiry Form

Car accidents happen every day. If you have been affected from a road related incident, the chances are you could be entitled to claim a compensation payout. You should seek legal advice immediately. even if you are the victim of a hit-and-run accident you could still be eligible to claim compensation. Please complete your free legal enquiry form to find out more.

There are time limits that apply to CTP claims and it is important to seek legal advice immediately to ensure that your rights entitlements are protected.

Have you been involved in an accident with uninsured vehicle?

If so then you could be Eligible to claim compensation against the nominal defendant.

It is important to seek legal advice immediately. - please complete your free legal enquiry form to be put in contact with a lawyer who can help you with your claim.

If you have been injured in a Road related accident either as a driver, passenger, pedestrian, motorcyclist or cyclist, you could be entitled to claim a significant compensation payout. You should seek legal advice immediately to find out what you could be entitled to claim.

Legal advice for family law matters

Do you need legal advice regarding family law? If so, please complete your free legal enquiry form. Going through a separation and divorce can be a difficult time for those involved and that's why the process needs to run as smoothly as possible. It is therefore important that proper legal advice be obtained from a qualified legal practitioner practising family law who can help you and give you the legal advice you need to guide you through your difficult situation and ensure that the matter is dealt with as fairly as possible. Please complete your free legal enquiry form to find out more.

Car Accident Compensation

Have you been in a car accident? where you a driver, rider, passenger or pedestrian? If you answered "yes" to any of those questions, then you could be entitled to claim a significant compensation payout. To find out more please complete your free legal enquiry form.

 

Cyclist Accidents and Injuries

Quite often cyclists are not given proper care and attention by other road users. This can result in accidents occurring between car, trucks and other motor vehicles with bicycle riders. Motorists often fail to give way to cyclists therby causing an accident with the cyclist.

If you are a cyclist who has been involved in an accident, then the chances are you could be entitled to receive a significant compensation payout from the CTP insurer of the driver that caused the accident.

To find out more, please complete your free legal enquiry form.

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