The case of French v QBE Insurance (Australia) Limited QSC 105 involved a claim for damages arising from the tragic death of Stephen Crouch in 2003. Mr Crouch died after being struck by vehicles on a road, having earlier been left in an incapacitated state by a taxi driver. His de facto wife, Elizabeth French, … Read more
Two cases, Apelu v Lusty Tip Trailers Pty Ltd QSC 262 and Apelu v Lusty Tip Trailers Pty Ltd QCA 158, involve a worker seeking damages for injuries sustained in a workplace accident, including both physical and psychiatric injuries. The first case, QSC 262, is the initial decision made by the Supreme Court of Queensland. … Read more
General damages, also known as damages for pain and suffering, are an important component of personal injury compensation in Queensland. They aim to provide monetary compensation for the non-economic losses suffered by an injured person, such as physical pain, loss of amenities of life, and loss of enjoyment of life. The assessment of general damages … Read more
The Supreme Court of Queensland’s decision in Delaney v AAMI Insurance Ltd QSC 174 involving a severely brain-injured motorcycle passenger provides significant clarification on the interpretation and application of the Motor Accident Insurance Act 1994 (Qld) (MAI Act), particularly regarding the provision of rehabilitation services. Background On 16 June 2006, the applicant sustained severe brain … Read more
No matter how careful you are, there’s still a chance that you’ll find yourself in a motor vehicle accident, even if it’s not your fault. The physical and emotional trauma can be overwhelming. Perhaps adding insult to injury is having to go through the legal process to file for a personal injury compensation claim. However, … Read more
In Queensland, pain and suffering compensation is known in law as general damages. It is not worked out from your medical bills or your lost wages. Instead, your injury is given an Injury Scale Value, or ISV, which is a number from 0 to 100. That number is then converted into a dollar amount using … Read more
Have you found yourself unable to work due to an injury or illness? Are you struggling to make ends meet while dealing with the physical and emotional toll of your condition? If you have income protection or Total and Permanent Disability (TPD) insurance through your superannuation fund or insurer, you may be entitled to make … Read more
At ROC Legal, we have encountered many situations where individuals are unable to make a will due to a lack of testamentary capacity. This can be a challenging and emotional situation for families, as they grapple with the prospect of their loved one’s assets being distributed according to intestacy laws, which may not align with … Read more
At ROC Legal, we have helped numerous clients who have suffered injuries during their daily commute to or from work in Queensland. These types of claims, known as “journey claims,” can be complex and challenging to navigate without proper legal guidance. In this article, we will provide you with everything you need to know about … Read more
At ROC Legal, we have seen firsthand the confusion, stress, and potential for conflict that can arise when someone dies without leaving a valid Will. This situation, known as dying “intestate,” can have significant consequences for your loved ones and may result in your estate being distributed in a manner that does not align with … Read more
At ROC Legal we have extensive experience in handling workers’ compensation claims in Queensland, We have seen countless cases where injured workers face the daunting prospect of having their claims rejected or their payments unexpectedly ceased by WorkCover. This article aims to guide you through the next steps you can take if you find yourself … Read more
As ridesharing services like Uber have become increasingly popular in Queensland, it’s important for passengers to understand their rights when it comes to accidents and injuries. If you’ve been injured while riding in an Uber, you may be entitled to compensation for your medical expenses, lost wages, and other damages. In this article, we’ll explore … Read more
In a significant move to enhance workplace safety, the Queensland government has introduced new laws aimed at protecting workers who operate or ride as passengers on quad bikes. The Work Health and Safety (Quad Bikes) Amendment Regulation 2024 brings about crucial changes, including age restrictions, passenger limitations, and mandatory helmet use for quad bikes used … Read more
Slip and fall accidents are one of the most common types of personal injury incidents in Queensland shopping centres. These accidents can result in serious injuries, such as broken bones, spinal cord damage, or traumatic brain injuries, leading to significant medical expenses, lost wages, and pain and suffering. If you’ve been injured in a slip … Read more
Motorcycle accidents can result in severe injuries, extensive medical expenses, and significant financial losses. If you’ve been injured in a motorcycle accident in Queensland due to someone else’s negligence, you may be entitled to compensation for your damages. In this comprehensive guide, we’ll walk you through the process of claiming compensation for motorcycle accident injuries, … Read more
Carpal tunnel syndrome (CTS) is a common work-related injury that affects thousands of Queenslanders each year. This debilitating condition, caused by compression of the median nerve in the wrist, can result in pain, numbness, and weakness in the hand and fingers. If you’ve developed CTS as a result of your work duties, you may be … Read more
Workers’ compensation schemes around Australia, including in Queensland, operate as a vital safety net for employees who sustain injuries or illnesses in the workplace. But navigating the claims process can be complex, and many people who make a claim under the scheme can inadvertently fall into common pitfalls that can hinder their chances of receiving … Read more
Administering a deceased person’s estate as an executor can be a delicate process that can be complicated by potential challenges to the will and disputes with beneficiaries and others. The possibility of conflict arises because executors are entrusted with the pivotal responsibility of managing and distributing the deceased’s assets according to their wishes. An executor … Read more
Physical injuries such as cuts, bruises and breaks, while painful, are obvious and easy to treat. In contrast, psychological injury can be much harder to detect, often disguised or suppressed by the sufferer – and yet this sort of injury can be more debilitating and enduring than physical injuries. Until recent years the possibility of … Read more
It’s an unfortunate reality that some families end up in legal conflict after the death of a loved one when one or more people feel they have been inadequately provided for from the deceased’s Will. One beneficiary may feel another beneficiary has been favoured over them, or that the deceased ignored their needs despite their … Read more
