Class Action Compensation Over A Sex Toy? We-Vibe Settles In Court

Believe it or not, your sex toy is now capable of connecting to the Internet. These sex toys are meant to be used by couples, wherein the other partner can be in total control of the vibrator by using Bluetooth or a smartphone application. However, security researchers found out that the company is using the smartphone app to collect data regarding how their customers use the sex toys. These include the vibrator’s setting, the e-mail address of the customer and how frequent the toy is being used. Because of this, the company faced a class action compensation lawsuit from its customers

Class Action Compensation Over A Sex Toy? We-Vibe Settles In Court

There are endless varieties of people who use sex toys. This is why adult products, such as sex toys, are very in demand right now. According to the Sydney Morning Herald, the maker of We-Vibe, the sex toy in question, collects the information for product improvement and diagnostic However, the lawsuit claims that the company intercepts and track the electronic communication between the app and the vibrator, and then transmit the gathered data to the company’s servers in Canada.

Just last month, Standard Innovation, We-Vibe’s manufacturer, agreed to settle for $3.75 million. According to the deal, the company will pay the Americans who purchased the sex toy before September 26, 2016. Product users will get up to $199 in settlement, while those who use the sex toy via the smartphone app are expected to receive as much as $10,000. That said, CTV News reported that these numbers may be lower than the actual settlement claim.

According to the plaintiff’s lawyer, around 300,000 purchased the Bluetooth capable sex toy, while at least 100,000 downloaded the mobile app. Based on the lawyer’s estimate, those who used the smartphone app will only get $500 each, while those who did not will only be awarded with $40. The settlement will also compel the company to cease monitoring and collecting the user’s information, and destroy the gathered data.

The class action compensation also sheds some light about the secret data collection practice of some companies. As per the claim, what Standard Innovation did was extremely offensive since the collected information about the product users’ sexual activity is confidential. This revelation caused anxiety and humiliation, the plaintiff’s lawyer added.


A Billionaire Sues a Brothel: Bizarre Compensation Story

Truth be told, legal actions in the adult services industry are fairly common. Tabloids, online news websites, and even respected newspapers are teeming with litigations involving customers and/or brothels. For instance, a sex worker in New Zealand sued a brothel owner for sexual harassment. She won the case and received $21,000 for indemnities. Proprietors of bordellos can also bring charges against their patrons and employees. For example, Daily Mail Online reported that a brothel manager filed charges against an escort for hitting him. As per the news report, the escort snapped when the manager declined to give her long hours on her shift. These stories are typical scenarios in the four corners of a bawdy house. However, it is rare to hear (or see) that a billionaire sues a brothel. A bizarre compensation story like this is far more interesting than a brothel suing Khloe Kardashian.

A Billionaire Sues a Brothel: Bizarre Compensation Story

Sydney has many upmarket brothels due to prostitution being legal. Because of this, locals and foreigners frequent exclusive bordellos in the city. The reputation of Sydney’s brothels even reached Asia and the Americas. With the promise of steamy and fulfilling sexual encounters, Yu “Martin” Xu, a Chinese billionaire, tried the sexual services of Royal Court, which is a Sydney-based escort agency.

Not finding what he was looking for in brothels closer to China, Xu sought the services of Royal Court. According to The Daily Telegraph, the escort agency promised Xu a tryst with the Transformers and Teenage Mutant Ninja Turtles star Megan Fox, Victoria’s Secret model Candice Swanepoel, and Chinese actress/model Yang Ying. However, after paying $3.7 million, these A-listers didn’t show up on the scheduled rendezvous.

As per their website, the Royal Court claims to offer sexual services from local and international celebrities anywhere you are in the world. On the part of Xu, he agreed to pay extra for the airfare and accommodation of these celebrities so that they could meet him in China. Moreover, he paid $27,000 for the joining fee, and made four bank transfers totaling to $3.7 million.

Although there is no concrete evidence that these celebrities are engaged in the sex trade, agents from the escort company approached Xu and promised a one-night stand with these women. Based on the documents filed in the NSW Supreme Court, Xu wants to recover the money he paid to the agency and is suing the company for “breach of contract, unjust enrichment, and misleading and deceptive conduct.”


The Hurt Locker: Where Rugby Injuries Can Ruin Lives

World Rugby, Union and League, demands the running and endurance of 11-a-side football combined with heavy contact and rough tackling. Where there is smoke, there is fire. With such a volatile match play event, there is always a potential for injury both mild and serious (such as traumatic injuries sustained during collisions with other players or the ground surface during scrumming, rucking & tackling etc)

Most Common Rugby Injuries

Medial collateral ligament (MCL) injury
What is it? The MCL is a ligament found in our knee, which works with other ligaments to give us stability during running and walking. Injury is caused by the fibres that make up the ligament being torn or completely ruptured.
Why does it occur? MCL injuries are more likely to occur in players who play in a back position, due to the increased likelihood of being tackled and the requirement for fast changes of directions. The force of a tackle can place excessive strain on the ligament causing the tear.
What can be done to prevent it? Conditioning training can be undertaken to improve the strength of the knee and speed work, which improves the resilience of the knee to the stresses and strains of sudden changes of direction.

Calf Muscle Injury
What is it? A calf strain is a tear to the either the Gastrocnemius or Soleus muscle, most commonly at the point where they join the Achilles tendon.
Why does it occur? Multiple factors such as, not warming up effectively, insufficient recovery time between matches, weak or tight calf muscles, poor running, speed work on very tired muscles, over stretching or incorrect stretching, structural problems e.g. over-pronation (rolling inwards) or over- supination (rolling outwards) of the foot.
What can be done to prevent it? Implementation of effective recovery techniques (e.g. ice baths), conditioning training and corrective rehabilitation to improve running technique can prevent injury.

Thigh Haematoma
What is it? Haematoma are caused by a direct blow to the affected area. They are basically a severe bruise as the trauma causes damage to the blood vessels leading to blood leaking around the tissue forming a large clot.
Why does it occur? From physical contact and impact. As rugby is a contact sport these injuries are bound to happen.
What can be done to prevent it? Not much! It is very difficult to prevent without changing what makes rugby such a great game. Early implementation of RICE (rest, ice, compression and elevation) principles can dramatically reduce recovery time and should be implemented as soon as possible post injury.

Hamstring Injury
What is it? It is a tear of the muscle fibres that make up the hamstring (bicep femoris, semi-tendinosus and semi-membranosus).
Why does it occur? Multiple factors such as, not warming up effectively, insufficient recovery time between matches, weak or tight hamstring muscles, poor running, speed work on very tired muscles, over stretching or incorrect stretching and structural problems.
What can be done to prevent it? Implementation of effective recovery techniques (e.g. ice baths), conditioning training and corrective rehabilitation to improve running technique can help prevent injury.

Concussion
What is it? Concussions are traumatic head injuries that occur from both mild and very severe blows to the head.   Why does it occur? It is simply caused by the physical contact nature of rugby.                                                                    What can be done to prevent it? Not much! It is very difficult to prevent without changes what makes rugby such a great game. The RFU work hard to ensure they have a robust process in place to manage suspected head injuries effectively.

Overuse Injuries
Because rugby involves a great deal of running, tendinitis in the knee or ankle, medial tibial stress syndrome (shin splints) and bursitis are all overuse injuries commonly seen. Although these are usually not considered “serious” injuries, they can adversely affect performance and possibly lead to more complicated conditions if not properly addressed by a qualified sports medicine professional.

As it is a collision sport, traumatic injuries do occur in rugby. They can include fractured bones, dislocated fingers and elbows, cuts, sprained ligaments and strained tendons or muscles and deep muscle bruises. There has been an increase of facial fractures, especially of the nose because helmets are not worn.

Injury Treatment
When recovering from a rugby injury there are a few things to consider. As with most sports, regaining strength and flexibility after an injury are important to a successful rehabilitation. Neck, shoulder, hip and core strength, as well as flexibility of the hamstrings and hip flexors are important for overall conditioning and can minimize the chances of an athlete sustaining a secondary injury. Because rugby is a continuously moving sport, working to regain a high level of endurance also plays a large role in the effectiveness of a player returning from a rugby injury.

Injury Prevention

Practice a balanced and structured training regimen involving strength, flexibility and endurance.

Always use proper technique when tackling, rucking and scrumming.

Learn proper positioning during game play to minimize risky moves.

Use a quality, properly fitted mouth guard.

Participate at a level consistent with ability.

Adhering to the rules for the formation of the scrum.

Ask your athletic trainer or other sports medicine professional about any training or injury questions.

 

 


Medical malpractice negligence: Doctors and Hospitals Living in Fear

Medical malpractice happens. It is a fact of life for thousands of innocents both locally and internationally and in many cases, it can be a game changer. The temptation is to think, to hope, to hypothesize, that it will never happen to you? You will never be hit by lightning, never suffer a collision with a bus or indeed play the starring role in a medical malpractice case? The numbers don’t lie people, it could be you or I caught out, woefully unprepared and or poorly informed. How to deal with a negligence case, how to navigate through the red tape of  a malpractice  case, those are the big questions and the key answers open for intensive debate.

According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.A, that is, behind heart disease and cancer. In 2012, over $3 billion was spent in medical malpractice payouts, averaging one payout every 43 minutes. Medical malpractice occurs when a health-care provider deviates from the recognized “standard of care” in the treatment of a patient. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances. In essence, it boils down to whether the provider was negligent.

A malpractice claim exists if a provider’s negligence causes injury or damages to a patient. However, experiencing a bad outcome isn’t always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at complete honesty—will sometimes tell a patient that they, themselves, have made a mistake.

Insurance companies typically want to settle with an injured person directly if they can, and this allows them to do so before the full extent of injuries are known, as well as preventing the injured person from hiring an attorney who could increase the settlement value of the claim through their representation. Consequently, most experienced medical malpractice attorneys will not pursue a case unless the injuries and damages documented in the records—after they’ve been reviewed by an expert in the pertinent specialty—are substantial and justify it.

Being proactive about medical care is undoubtedly the best step. Patients should do research to understand their health condition, and document their symptoms. They should ask health-care providers a written list of questions that they feel are important, and expect—indeed, demand—full and complete answers. It’s also critical not to allow yourself to be intimidated by the medical system. Speak up and advocate for your own well-being. If patients sense that something is wrong, they should tell—or ask—their health-care providers. Although it’s important to trust your doctor or nurse, it’s also important to listen to your body … and use common sense. Also advisable: Have a family member or friend accompany you on important visits to health-care providers.

Patients choose not to pursue valid medical-malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.

Although the medical school adage of “treat the patient and not the test” has value, it’s also important for health-care providers to carefully assess the information provided by the tests that they order. I’ve witnessed many instances in which highly abnormal test results were either interpreted incorrectly or disregarded by physicians—sometimes with fatal consequences.

Hospital systems and health-insurance companies significantly impact the quality of medical care that patients receive. Your health is too important to place in the hands of a provider who hasn’t earned your confidence, isn’t answering questions or isn’t giving you—or your condition—adequate time and attention. Always be on guard or as a very wise medical patient once said “Always hope for the best but prepare for the worst”.


Standing Up for the Rights of Disabled Workers

It is still an unfortunate fact that some employers will take advantage of vulnerable workers in their employ. It may be business owners exploiting newly arrived migrants or refugees, by not informing these people of their rights under Australian Government laws. Even more despicable, are the employers who exploit disabled workers in their employ, with under paying of wages and not providing adequate support and workplace conditions. Some businesses think that just giving disabled workers a job is enough and that they do not consider them deserving of a proper wage.

Standing Up for the Rights of Disabled Workers

Businesses that work in the charity sector have, unfortunately, been the worst offenders in this regard and they employ more disabled workers than any other sector. Australian Disability Enterprises (ADE) pays some of their intellectually disabled workers less than $2 per hour to pack boxes in their sheltered workshops. They manage to get away with this appalling rate of pay by basing their remuneration on productivity via the Business Services Wage Assessment Tool (BSWAT). One wonder whether our legalised treatment of those with intellectual disabilities actually belongs back in the eighteenth century.

Probono legal service groups are beginning to challenge some of the worst economic mistreatment of disabled workers, but the Australian Government needs to close these loopholes. The dignity of work is one thing, but if you are being woefully exploited, so that in addition to full time work you require welfare payments just to survive, something is wrong. I remember delivering charity ribbons to letter boxes for an Anglican charity many years ago, when I was down on my luck. This kind of position is filled by many disabled people. I worked out that I was earning about $3 an hour.

Reasonable rates of pay must be afforded to disabled workers. When a disabled person purchases a product or buys a cup of coffee, they do not get a reduced price. So, why should they be made to suffer at the production end of the equation? Compassion does not mean it is OK to pay peanuts to vulnerable people. Compassion is of a higher order altogether. With technology achieving so many things in workplaces, it surely must be possible to invest some friendly computerised technology into these charitable industries, which employ so many people with disabilities. Let’s get out of the dark ages and smarten up, compassionately. There are wonderful organisations who support disabled people and their families in Sydney and throughout Australia.  The disability service provider in South West Sydney is helping many vulnerable people meet and overcome some of the pressing challenges in their lives. We need more organisations like this and greater government funding in this sector, not less. Did you hear that Malcolm Turnbull?

 


Slip and Fall Compensation Lawyers Win Cole’s Case

Slip and Fall Compensation Lawyers Win Cole’s Case

Coles has fallen foul of the new legal trend in Australia, which sees successful compensation complaints by plaintiffs being awarded substantial amounts of money. In this particular case, a woman wearing thongs whilst shopping in a Cole’s supermarket slipped and injured herself. But the term ‘injured herself’ is not correct, as the court found that the lady concerned slipped because of Cole’s negligence. She was walking in front of a refrigerated cabinet containing fruit and vegetables; and was accompanied by her eight-year-old son. Apparently, the woman did the splits and then, was flung of her feet to hit the ground painfully.

Ms Hill, the woman who suffered the fall and consequent injuries, was awarded $292 335 in the NSW District Court. Her injuries to her left ankle required surgery, crutches for several weeks, and she now walks with a permanent limp. Judge Phillip Mahoney described her injury as severe and that this has affected her mobility and her ability to carry out the normal tasks of life. The amount of compensation awarded was influenced by the fact that Ms Hill had a disabled husband and the injury had made domestic life extremely challenging for the plaintiff.

Coles had argued that Ms Hill had injured herself through failing to be observant as to nearby hazards; and that it was her negligence which had caused the fall and the resultant injury. An employee of the Coles company gave evidence that he did not see anything on the ground immediately after Ms Hill’s fall. The court viewed CCTV footage from the supermarket, but critically there were 27 seconds of the film missing which would have shown the fall. Counsel for the plaintiff submitted that one could infer that the CCTV footage had been tampered with, but this was denied by the Cole’s store manager who had provided the CCTV footage. In the end, Judge Mahoney disagreed with Coles and found that Coles had a responsibility to ensure that its supermarket was safe for customers; and that there should have been a mat in front of the refrigerated cabinet. The mat, which was usually in place, had not been replaced by cleaners after cleaning the supermarket floor in this part of the store.

Slip and fall compensation lawyers win Cole’s case and pave the way for more successful compensatory cases like this in the future. Responsibility lies not with the individual anymore but with those who entice him or her into their store.

 


Sexual Assault and Rape Compensation Lawyers

Sexual Assault and Rape Compensation Lawyers

We live in a new world where sexual assault is no longer, merely, suffered in silence, but has become a deafening roar. Women, and some men, who claim to be sexually assaulted are reporting these crimes in ever increasing numbers, right around the western world. In the United States, especially at its many colleges and universities, sexual assault and the judicial system are coming under attack from both sides. One in five women and one in twenty men have been victims of sexual abuse through non-consensual sex, according to research conducted by the Association of American Universities. In Australia, serious numbers of sexual abuse claims are also occurring at our universities.

In the US women are claiming to have been sexually assaulted in substantial numbers and the universities’ responses are being challenged by male students, who have been punished by the institutions but are claiming their innocence. Former students who were expelled after being found guilty of sexual abuse by the university are now suing these institutions for wrongful disciplinary findings and damages to reputation and future earnings. In the US, which is the home of the compensation industry at large, lawyers are hard at work making the lives of university vice-chancellors a misery. Colleges are being accused of being too quick to condemn accused students so that they appear to be tough on sexual abuse on campus. Investigations have been found to be cursory rather than exhaustive, which can lead to these expensive compensatory consequences later on. Sexual assault and rape compensation lawyers are spoiling the politically correct party for these American colleges and universities.

Looking at this from a sociological perspective, you have large numbers of young and sexually active people all in close proximity to each other. You most likely also have alcohol and drug use contributing to a fuelled atmosphere. In addition, you have a climate of complaint and legal redress in the United States unparalleled at any other time in history. Together this is a recipe for a social bomb ready to go off at campuses around America and probably right around the western world. There is no denying that there are victims of sexual abuse and the abusers should by rights be punished, but the seriousness of the charge of rape deserves lengthy investigation, which universities are not really set up to perform. The justice department may need to create a preliminary investigative body to properly examine these charges before they go to full trial. Students would be suspended from studies pending the outcome of these investigations by a proper judicial authority.

 

 


VW Class Action Australia: Audi Legal Action

VW class action gathers momentum in Australia, with a personal injury law firm lodging first round documents in the Federal Court; which could result in refunds up to $5 billion dollars if successful. Ninety one thousand Australian owners of Volkswagen diesel cars have vehicles fitted with the pollution test cheating devices. The huge German motor car company is facing massive financial reprisals internationally, in both class actions. and loss of sales due to consumer backlashes.

Bannister Law, filed two class actions: one against Volkswagen Australia and another against Audi Australia, as they are separate legal entities. The basis of the class actions is that both VW and Audi guaranteed, under consumer laws, that the automobiles were fit for their purpose and defect free. Maurice Blackburn later announced that seven thousand consumers had registered for its class action to be filed shortly. Nearly, fifty legal firms, globally, have filed class actions against Volkswagen.

VW Australia. assures its customers that the cars are technically safe to drive; but lawyers stress the point is that these vehicles are emitting far in excess of the permitted nitrogen oxide emissions in this country, and that they would not have passed the Australian design standards. Basically, they would not have been allowed to be sold in this country if they were not fitted with the pollution cheating devices. This occurrence has been blamed on a single automotive engineer who worked for Volkswagen, but many industry watchers have scoffed at this as an unrealistic lame excuse. The question being asked is, how could this affect so many vehicles worldwide without VW management’s knowledge?

The German car company has registered its first loss, during a financial quarter, for the last fifteen years. VW has put aside $6.7 billion Euros in preparation for the cost of recalling and repairing some nine million vehicles globally. The embarrassment at being caught out in this anti-environmental practice is only the first stage of what could be a business threatening blunder. Legal action costs will mount and go on for many years, and the loss of consumer confidence in the brands could damage profits at the same time.

VW class action Australia: Audi legal action, as well, will put the car manufacturer under economic stress in this country; especially for future sales. The global blunder could see the car company go down under the weight of class actions and consumer backlashes.

 


Slip and Fall Compensation Lawyers Win Sydney Shopping Injury

A Sydney mum has won $285,000 in damages after a Sydney shopping injury. The mother of three has suffered soft tissue injuries when a shopping trolley carrying her toddler and groceries hit a pothole and fell on top of her.

A report from the Sydney Morning Herald said that the mum, also a high school teacher was injured while walking back to her car at the Northbridge Plaza on Sydney’s north shore in June 2011. She suffered enduring pain in her neck, back, left shoulder, left hip, leg and knee when the trolley suddenly jerked when it hit a pothole and fell on top of her as she tried to shield her young daughter and her three-year-old son who were both walking beside her.

Although the x-rays only showed damage to her knee, an ortheopaedic surgeon diagnosed her with soft tissue injuries, a term which refers to the damage of muscles, ligaments, tendons, fascia, nerves and other connective structures throughout the body which results in pain, swelling and bruising of the affected area. A soft tissue injury may sideline an individual from their normal life for a few days or even months at a time.

Because of her injuries, she was unable to work and continue with the house chores which she loved doing before the accident. She tended to be less social and less enthusiastic which was very different from what her personality used to be. Even her relationship with her husband has become strained. In addition, she became short-tempered with her children and has been very upset that she was unable to hold her daughter.

Since the car park was a public road, the judge found the city council to be responsible for the accident as it’s their duty to ensure that the public roads are safe for the people.

The judge ruled in favour of the victim and with the help and guidance of a slip and fall compensation lawyer, was awarded a total of $285,915 in damages after a long legal battle with the City Council who was found to be accountable for negligence.

The court also ordered the council to pay the mother of three the legal costs for the trial and the appeal.


Cricket Injury Compensation Claims To Rise

Sitting in the crowd watching a Sydney Sixers game this past summer, it was easy to marvel at the sublime hitting skills of Jordan Silk as he smashed six after six into the crowd.

But as a parent, I found myself being watchful like never before at the cricket.

What if we were distracted by an iPad, or iPhone, and one of those ever-more-frequently-hit sixes was heading straight for us?

In the past, sixes were rare. Now in 20/20 games both domestically and internationally, balls are flying into the crowd at dangerous speeds. Crowds where children and parents often lose focus on the game.

Some recent news items show this worrying trend for players and the public alike:

– a British club cricketer died after being hit in the chest by a cricket ball

– an Indian policeman was blinded after being hit by a David Miller six in the IPL

– an Israeli cricket umpire died after being struck by a ball

– and of course who can ever forget the heart-wrenching reality of much-loved Aussie & NSW cricketer Phil Hughes passing away after being hit by a bouncer?

It’s thus inevitable that we’ll be hearing lot more in the coming years about cricket injury compensation lawyers in Australia where cricket is its most macho, but also in other countries where cricket is massively popular such as South Africa, India, England, Sri Lanka, Bangladesh and New Zealand.

In the past it was expected that when it came to sporting injuries to players, it was a case of “suck it up princess” but this viewpoint is certainly coming to an end. Life is precious and sacred and people don’t like being permanently injured or having a family member or friend killed in sport any more. We’re seeing deaths in rugby, server injuries in ever-more-frenzied AFL games and certainly in amateur sports, they’re often swept under the carpet. But this is changing.

If you’ve been severely injured by a cricket ball, you’d be aware of the risk. If you have a story of a cricketing injury you want to discuss with us, or add to this story, feel free to contact us with more details.


3 Tips for Avoiding Personal Injury Compensation Claims from Slips and Falls

Slips, trips and falls are one of the most prevalent reasons behind workplace injuries. The Health and Safety Executive reports that it is responsible for 40 percent of all major workplace injuries that have been reported. Not only are these injuries common in the workplace but also at public places, such as, supermarkets or commercial properties. As an employer, this statistics should be quite sobering because it means that you are not immune from slip and fall claims, which often come after someone has incurred a slip and fall injury in your premises.

We are slip & fall compensation lawyers in Sydney, providing legal help in NSW with slips trips and falls injury compensation lawyer advice. Slip and fall in supermarkets, shopping centres, and in the workplace. To make an enquiry please click our contact us form.

To avoid the headaches associated with huge slip and fall compensation amounts, it is important to take precautions to avoid the occurrence of slip, trips and falls. Here are measures you can take in this regard:

• Proper housekeeping to reduce slip and fall cases

Whether a shopping mall, school or office, you should institute good housekeeping practices to ensure that there exists no conditions that increase the risk of slip and fall cases occurring. Any liquid spills should be cleaned instantly as well as removal of debris lying on the floor. Avoiding an encounter with a slip and fall lawyer also comes down to improving the ventilation of walkways as well as working areas. This would entail repairing faulty switches as well as replacing used bulbs. Any obstacles in the walkway, such as, loose cables or rugs that are sticking out should be removed or repaired to prevent people from tripping.

• Modify your flooring

Preventing slip and trip claims from employees or clients may also involve improving your walking surfaces to make it easier for people to walk on them without slipping or falling. You could recoat or replace the floor as well as install new mats. Equally effective are paint-on coating, metallic synthetic decking or abrasive strips that are proven to reduce slip and fall cases. You could also invest in non-slippery flooring elements, which avoid foot fatigues and help prevent slips.

• Wear correct footwear to avoid slip and fall cases

Encourage your employees to wear anti-slip footwear that keep their feet comfortable and grips sufficiently on the floor to prevent slip and fall cases. You can liaise with a footwear manufacturer who will be able to offer advice on the kinds of shoes that can reduce people’s susceptibility to slips, trips and falls.


Demystifying Public Liability Claims

The Personal Injuries Proceedings Act of 2002 defines accidents, such as, slip and fall, poisoning, plane and boat accidents, faulty products, sporting incidents as well as private property accidents as worthy of public liability claims. The assistance of a compensation personal injury lawyer is essentially vital in case the injuries incurred from these accidents are permanent or on-going.
We define ourselves as no win no fee lawyers who value their clients so much that we would be willing to reduce our legal fees in case they are not satisfied. Our approach to your case would be to evaluate the claim first to project its outcome. We will then inform you whether your mooted public liability claim stands a chance or not after which you choose which path to follow – legally. Throughout your efforts to get injury compensation, our injury claim solicitors will remain objective by updating you on any pros and cons of each legal choice you make.

Factors affecting public liability claims

Our personal injury claim lawyers look at a variety of factors involved in your accident to determine whether it would be more convenient if you pursued the claim by yourself – without the legal backing of a personal injury claims lawyer. One of the issues looked at is whether the injury is on-going or permanent. If the situation is on the contrary, it would be best if you just liaise with your accident insurance company, which should be able to reimburse you the compensation claim for the injury.
Our evaluation also looks at the economic costs of your incapacitation as well as any out-of-pocket expenses incurred as a result of the injury. If the injury is ongoing, our public liability claims lawyers will inquire whether you will incur extra costs in undergoing treatment. Of equal importance is the effect of the injury on the rest of your working life and whether you will be able to continue in the same occupation.
Although often overlooked, it is important to make an audio or visual recording of an accident encountered at a public place. You can also snap close-up pictures and write down the sequence of events while still fresh in your memory. The next step is to see a doctor to investigate, diagnose and record the injury. His input will be vital when pushing the case for a public liability claim.


Domestic Violence Compensation

Domestic violence refers to abuse made with someone you share a house with. It can happen in heterosexual, homosexual, bisexual or transgender relationship. Domestic violence occurs when a person uses violence or abuse to cause fear and physically or psychologically dominate the other. Women and children are the most common victims of domestic violence.

The different forms of domestic violence are:
Physical – direct assault such as slapping, hitting, shaking, biting, pushing, punching, choking, kicking; use of objects or weapons to hurt; withholding food, medication or medical care; sleep deprivation; forcing the victim to take drugs.
Psychological – making threats regarding child custody; destruction of property; abuse of pets in front of family members; driving dangerously.
Sexual – unwanted sex or sexual activity without consent; inflicting pain during sex; genital assault.
Social – isolation from family members and friends; instigating to move to a location where there was no established social circle; restricting the use of phone or car; locks the victim inside the house; preventing the victim to go out and meet people.
Emotional – blaming the victim for all relationship problems; name calling; undermining self-worth or self-esteem; silent treatment; emotional blackmail; humiliation; suicide threats; death threat.
Financial – forbidding access to bank accounts; controlling the victim’s money; providing inadequate allowance; not allowing the victim to seek employment; refusing to give money; coercing to sign documents; using all of the victim’s wages for household expenses.
Stalking – following and watching; tracking with GPS; telephone and online harassment; intimidation.

The law offers protection to victims of domestic violence. A victim can make a police complaint who will lay criminal charges against the alleged offender. Victims of domestic violence are eligible for counseling and compensation. Victims must make an application within 2 years from the time the violence happened. But an application may be accepted after 2 years if there is a good reason why it hasn’t made in time like sexual assault made to minors. It is important for the victim to keep a record of all incidents of violence to form the basis of a complaint.

Who can apply for Domestic Violence Compensation?
• A victim who is injured as direct result of violence, even if they don’t suffer any additional injury
• A person injured as a direct result of preventing someone from committing an act of violence.
• A person who sustains an injury as a result of witnessing an act of violence.
• A family member of deceased victim.
• If a person incurred financial loss.

Compensation programs for victims of domestic violence are state- or territory based in Australia. Each state and territory administers its own compensation program according to its own laws. Compensations are provided according to a schedule of injuries. The maximum amount that can be awarded by the Victim’s Compensation Tribunal is $50,000.00 Compensation for financial loss as a result of domestic violence is $10,000.00 Loss of personal effects maximum compensation is $1,000.00 these amounts are part of the overall maximum compensation amount of $50,000.00

Compensable costs include:
• Medical and hospital expenses
• Loss of income
• Mental health counseling
• Loss of enjoyment of life
• Incidental costs
• Treatment expense such as dental, chiropractic and physiotherapy
• Travel expenses
• Funeral expenses

Give us a call if you are a victim of domestic violence and we will give you advice on your rights, compensation and eligibility.


AFL on Collision Course with Players over Long Term Injury Claims

Jake King, the former Richmond player, is the latest ex-player to be involved in a legal stoush with the AFL for compensation. King is seeking compensation for a career-ending toe injury, which forced his early retirement in 2014. The legal action is being handled by the AFL Players’ Association on behalf of King. A six figure sum is being sought in compensation and if successful the money would come from an AFL Insurance policy. If King wins his compensation case it could be the forerunner to a host of compensation claims by former AFL players.

The game of AFL at the top level is becoming ever-more faster and ferocious, as players are expected to put their bodies on the line at every contest. Coaches and commentators are constantly reminding us, and the players, that this is the non-negotiable of football. Some would say it has always been so, but the size and the speed of current AFL players has never been greater; making collisions far more likely to result in serious injury. Which we have witnessed already at the outset of the 2015 AFL season, with Western Bulldog’s club champion Tom Liberatore suffering a season ending knee injury; as did Eric Mackenzie and Mitch Brown of the West Coast Eagles; Melbourne’s Christian Petracca; Richmond’s Nathan Drummond; and North Melbourne’s Daniel Neilson. Some players are prone to repeating knee injuries and never regain their AFL playing careers; will this too see increasing claims for compensation? AFL medical experts have previously expressed their concerns via the 2013 injury report, written by Associate Professor John Orchard of the University of Sydney and Dr Hugh Seward of the AFL Doctor’s Association. This report found a 30% rise in knee construction from the previous year, and that over a third of these were actually second knee constructions due to the failure of the initial tendon graft in the preceding year.

In the US, the NFL reached an agreement with ex-players to compensate them with a $765 million settlement for concussion related brain injuries received whilst playing. From some 18 000 former players 4 500 are claiming to be suffering from some sort of dementia, depression or Alzheimer’s disease. The AFL and the AFL Players’ Association are concerned about the possibility of a similar outcome with the game here in Australia; and have enacted rule changes to protect players from head injuries. The question is will these rule changes go far enough to prevent ongoing increases in serious player injury and the resulting claims for compensation?

Looking to talk to someone about whether your sports injury can qualify for compensation lawyers representation? If in Sydney or NSW contact us, if in Melbourne, Brisbane or beyond we can refer you.

The AFL is now a game played by extremely fit large men, with the size of modern players dramatically increasing over recent decades. For example, one of Carlton’s greatest sons, Big John Nicholls, a premier ruckman of the nineteen sixties and seventies was 189 centimetres tall. It is no overstatement to say that BIG John straddled the then VFL competition like a behemoth, punching balls twenty metres down the ground and rag dolling lesser men. The Sydney Swans’ Josh Kennedy, a midfielder, stands today at 188cm. In today’s AFL game midfielders are the size of yester year’s ruckmen and power forwards; no wonder the wrenching turns and crunching collisions are sending those who come off second best to the compensation courts.

Country football and the lesser AFL leagues are also seeing harder, faster football being played and the incidents of serious injury are likewise increasing. In south-west Victoria, Otway Districts club champion Aaron Mahoney tragically died on the weekend, after being tackled. The 24 year old father of two was initially thought to have been winded in the tackle, but support staff, and later paramedics, were unable to revive him and he died at the scene. It is difficult to even consider the issue of compensation in these circumstances, but we must, a young footballer’s family now depend upon it.


20 Compensation Lawyers in Adelaide

C + F Lawyers

Adelaide-based C+F Lawyers is the creation of Managing Partner Roberto Clemente. Prior to establishing the firm Roberto was a Partner at Paul Alvaro & Co Lawyers. C+F Lawyers is a growing firm specialising in Personal Law, devoted to providing their clients with the best possible result at the earliest opportunity.

Their experienced and approachable team are dedicated to assisting individuals in achieving rightful outcomes. Whether you have suffered an injustice, they will fight relentlessly to make things right.

They firmly believe that their sophisticated and efficient systems will facilitate a timely resolution of your matter.

2A Portrush Road, Payneham
South Australia 5070
Email: info@candflawyers.com.au
Phone: +61 (08) 8368 7000
http://candflawyers.com.au

The advent of the internet has been a boon in the fight for compensatory justice for those who have been injured or adversely affected by accidents at work or play, unfairly harassed or treated, injured on the roads, or in public places, and the myriad of other incidents which contribute to physical and mental disadvantage. In the past sufferers of these, often complex situations, were as likely, not to seek compensation for their misfortunes, thus placing the burden of their suffering on family and friends. The growing proliferation of online compensation lawyers, and their services, has created easy accessibility for those who have been struck by misfortune in all its guises.

“No win no fee” has levelled the playing field for individuals and disadvantaged groups when seeking compensatory justice from larger, wealthier corporations and companies. Online compensation lawyers, here in Adelaide, and throughout the country, have taken the battle to governments, businesses and the like. Health and safety standards in workplaces, and generally, have improved as a result of successful compensation claims. Criticisms of the increased expenses in business, and through rising insurance premiums, miss the point, conveniently forgetting the numbers of workplace accidents and deaths, which have now been dramatically reduced.

In real terms compensation lawyers are putting a price on lives and happiness. Communities are entitled to safe and well maintained public amenities. Employees are justified in seeking compensation in the case of personal injury through workplace accidents. South Australians, indeed all Australians, demand fair and just recompense when they are unfairly disadvantaged. The Internet provides the portal to a swathe of compensation specialist lawyers, here in Adelaide, who are then able to provide their sorely needed services.

The legal profession is one still bound by onerous traditions, some of them good in policing an industry with so many opportunities for unwanted expediencies, but also it has delayed the full uptake of the digital age. The online marketing of compensation lawyers is still in its infancy and the digital spectrum has much more to offer many in the legal profession. Getting out from behind the desk, and the barrister’s wig and robes, is still a challenge for many. Meeting their market through an online presence is an exciting and exponentially growing opportunity.

So if you’re looking for compensation lawyers Adelaide folks, here are 20 top legal firms to choose from …

Tindall Gaskel Bentley Lawyers
08 8212 1077
www.tgb.com.au
With a culture of service, and a determination to get it right for our clients, Tindall Gask Bentley has earned a place of respect in the Australian legal community.

For more than four decades we’ve been finding practical cost-effective solutions to the wide-ranging legal problems upon which we’re asked to assist. Our ethos of empathy for the people who come to us for advice has been nurtured since the firm’s beginnings. It flows naturally from our team-oriented approach.

Together with our diverse span of expertise, it has allowed us to grow into a firm of renowned litigation and advisory specialists who also understand that your best solution can come from avoiding the need to go to court.

PGC Legal
08 8221 6162
www.pgclegal.com.au
Sustained an injury or accident? Want to know if you’re entitled to compensation? Need someone experienced to represent you in your claim for compensation? Contact PGC Legal for a free initial consultation with one of our personal injury lawyers. We apply our years of experience in litigation and dispute resolution matters to provide you with up to date legal advice and strong representation. We help you obtain the best possible outcome.

Websters Lawyers
08 8231 1363
www.websterslawyers.com.au
When you have been injured at work and you’re losing income you need an experienced Workers Compensation & Employment Lawyer on your side to ensure that you receive compensation as quickly as possible for time off work, medical expenses and other costs. Websters Lawyers assist you if you have been involved in a work-related accident.

Adelaide Workers Compensation Solicitors
1800 221 167
www.workerscompensationsolicitoradelaide.com
Our Adelaide workcover lawyers can provide advice and representation on all serious injury, illness, disease, partial disability, total disability and death claims suffered on the job or as a result of your job. Legal representation is available on a No Win No Fee basis. Send an email, or submit a contact form to receive obligation-free legal advice. Our service provides legal advice and representation for workers injured anywhere in South Australia.

PMN Lawyers
08 8212 3566
www.pmnlawyers.com.au
If you’ve been injured at work, in a car accident or through a medical procedure that went wrong, your world gets turned upside down. If your injury has affected your ability to work, you’ll have so many questions. What will I live on? How long before I can get back to work? If I make a claim, how much will it cost me? How long will a WorkCover compensation or personal injury damages case take? PMN Lawyers can answer these and many other questions and help you protect your right to compensation.

Donaldson Walsh Lawyers
08 8124 1811
www.donaldsonwalsh.com.au
There are significant financial and risk management benefits associated with self insurance registration. However self insured employers registered under the state-scheme are under constant scrutiny by WorkCover Corporation. By working closely with self insurers, we help them manage claims appropriately and comply with the relevant legislation and the Code of Conduct. This reduces the risk of loss of licence and of shortened licence renewals. Our Self Insurance & Workers Compensation legal team, which is supported by the DW Workplace Solutions Consultancy  team, is experienced in advising on these complex self insurance issues.

Andersons Solicitors
08 8238 6666
www.andersons.com.au
Unfortunately many Australians are injured every day as a result of accidents that may entitle them to personal injury compensation; workplace injuries including WorkCover, Comcare and Military Compensation claims, motor vehicle accidents, motorbike accidents, bicycle accidents, public liability including slips and falls in public places, medical negligence and faulty products are sadly, common occurrence. If you have suffered an injury that you think may entitle you to compensation, you should contact Andersons Solicitors for a free initial consultation to determine your rights and entitlements. At Andersons, we understand all the processes and procedures required to successfully pursue any claim that may result in compensation for personal injury or death.

Fair Work Lawyers
08 8113 5347
www.fairworklawyers.com.au
Safety and workers compensation is a vital part of any employment or construction related activity. Fair Work Lawyers offers a wide variety of services.

Gallagher Bassett Services Workers Compensation SA
08 8177 8450
www.gallagherbassett.com.au
70% of claims managed worldwide by Gallagher Bassett are workers’ compensation claims. Our track record in this sensitive and highly complex area is extensive and includes major contracts with WorkSafe Victoria and WorkCover NSW. Gallagher Bassett’s workers’ compensation experts help clients assess risk, manage claims, get employees back to work and ensure the outcome is fair and equitable for all concerned. We also work with clients to reduce premiums and minimise risk through detailed reporting and training.  In addition to our contracts with statutory schemes, we act for large self insurers and assist large employers across all jurisdictions, to manage their claims.

Duncan Basheer Hannon
1800 324 324
www.dbh.com.au
Injuries can happen anywhere, anytime and in any circumstances. Duncan Basheer Hannon offers you a clear understanding of your legal rights in any personal injury claim, including the likely level of compensation you may be awarded. Duncan Basheer Hannon is one of the leading personal injury law firms in South Australia. We are committed to not only providing helpful advice but also, to achieving the maximum settlement for your claim so that you are properly compensated for your injuries and have access to the most effective rehabilitation treatment available.

Nick Xenophon & Co. Lawyers
08 8336 8888
www.xenlaw.com.au
Have you been injured at work? Have you suffered an injury because of work? Have you contracted an illness caused by your work? If you have said yes to any of these questions, it is more than likely you can be compensated under the Workers Rehabilitation and Compensation Act 1986 (SA).

Adelaide Medical Negligence Solicitor
08 7201 2069
www.adelaidemedicalnegligencesolicitor.com
Have you been injured due to a medical error or medical negligence? Our Adelaide medical negligence solicitors deal with compensation claims for personal injuries arising out of medical and hospital negligence. Injuries suffered as a result of medical negligence can be severe and life altering.

McKinley Law
08 8267 1555
www.mckinleylaw.com.au
Are you curious about your rights, or seeking assistance in relation to a claim? Complete one of their simple on-line claim forms for informed and sensible advice.

Woodburn & Co. Solicitors
08 8410 5656
www.woodburnsolicitors.com
As a smaller firm, we pride ourselves on being able to offer you personal attention and assistance with every aspect, and at every stage, of your claim.
If you have suffered injuries on the road, at work, or as the result of other mishap, Woodburn & Co Solicitors can help you claim compensation by assisting with lodging claims, representing you in court and at tribunals, organising medical appointments and the payment of medical expenses, and arranging all other compensation payments.

LawAdel Adelaide Lawyers
www.lawadel.com
Accidents, mishaps, and deaths take place at unanticipated times. Are you prepared? Maybe you wish to conserve cash and function as your very own supporter. Lawyers merely play a win-lose sales video game? You viewed the web and believe your technique will certainly prevail in court. Or will it?

Hicks & Co. Barristers & Solicitors
08 8211 9313
www.hicksco.com.au
Established 22 years our Adelaide based lawyers are experts in Family law and Criminal law, including divorce, defacto, property, children, all criminal and traffic charges and licence matters. Our lawyers are skilled in Court and negotiations. Our clients can expect informed, clear and sensible advice based on the law. Our lawyers treat our clients with respect and confidentiality and give prompt, professional attention.
Evans Testa Barrister & Solicitors
08 8263 2400
www.etlaw.com.au
In cases involving work injuries, it is important to obtain early legal advice regarding your potential entitlements. Claims are handled by WorkCover and their claims agents.  Some claims are handled directly by employers and are known as “exempt employers”. There are various entitlements available to injured workers possibly including income maintenance, treatment expenses and rehabilitation assistance. Lump sum entitlements are also payable to workers suffering permanent impairment due to injury.  The guidelines governing these payments are complicated. Evans Testa have vast experience in securing clients payments of compensation and/or damages for injuries sustained in the workplace.

Nowicki Carbone Personal Injury Lawyers
08 8212 4567
www.nowickicarbone.com.au
Our office is staffed by a team of expert compensation lawyers that act on behalf of our clients on a no win, no charge basis. We are passionate about fighting for justice and ensuring our clients are compensated accordingly and are here to help you today.

Maurice Blackburn
08 7109 2700
www.mauriceblackburn.com.au
Our belief that the law should serve everyone, not just those who can afford it, is at the heart of who we are and what we do. Maurice Blackburn employees fight for outcomes that make a genuine difference to peoples’ lives, and embody the firm’s philosophy. That philosophy applies to everything we do: the cases that we take on, our fee structure and the type of people who work at Maurice Blackburn.


Trauma leaves you Vulnerable, Comcare Claims

It is difficult when you have sustained an injury from your work, be it physical or psychological, to have the strength and motivation to fight for what you believe is your right to legal compensation.

Time and time again I have heard of friends who have been so traumatised by their employment, bullying by their colleagues or the oppressive behaviour of their management, that the only remedy they have sought is to remove themselves from the employment. In short to walk away and not even contemplate embarking upon a process of seeking comcare claims, or securing the services of a compensation lawyer.

What is important to remember, is that you do have some time to lodge your comcare claim. For this reason, we advise that you seek out the services of compensation lawyers who understand comcare claims and are able to provide you with independent advice on the law and determine whether or not you have a case for workplace compensation.

Legal Aid Western Australia provides some very sound advice and guidance, and while noting that generally you have 12 months from the time you notice your injury or illness that:

“Different time limits will apply depending when your cause of action arose. It is vital if you believe that your disability was the result of your employer’s negligence that you get legal advice at the earliest opportunity.”

Source:
Legal Aid WA

If you are a member of union, you may be able to get support and guidance in securing a workers compensation lawyer. The Public Service Association for example has a number of resources which include horror stories of injuries sustained by their members at work. Sometimes even reading the journeys that others have gone through in securing a comcare claim, finding a compensation lawyer or personal injury lawyer or securing compensation can assist you in deciding on the approach you are going to take to get justice under the law.

If you are fortunate and you have a friend of the family who is a claims lawyer or compensation lawyer, we also advise speaking with them so that if you choose to use our services you feel entirely comfortable, knowing that what happened to you at work needs to be addressed and that our compensation lawyers are the appropriate professionals to assist you through this difficult process.


Mesothelioma Compensation Lawyers for Asbestosis Victims

Asbestos back then was made popular and was used on a regular basis because of its underlying features. Asbestos is highly resistant to heat, fire, electrical and chemical damage making it a perfect component for every home. This is the reason why asbestos was commonly used by a lot of home builders and owners in the past. Things however changed when people found out that asbestos was highly toxic and dangerous for human health. Prolong exposure and inhalation to asbestos can result to serious and fatal illnesses including malignant lung cancer, mesothelioma, and asbestosis. For that matter, the use of asbestos was strictly banned, phased out, or heavily restricted in an increasing number of countries. Mesothelioma became an issue to those who were unknowingly exposed to asbestos and it is good to hear that compensation lawyers are working hand in hand with the victims to help them with their claim settlements.

Individuals who are working in the mining operation have a risk of getting exposed with asbestos. Furthermore, those who were exposed to asbestos during a renovation project may also develop mesothelioma without them even knowing it. There is a specific injury claim for mesothelioma and asbestosis victims and the affected and exposed individual should know their right and effectively fight for it. Fortunately, there are several mesothelioma compensation lawyers that exist today that specifically render their services for asbestosis victims and other related causes making a lot of people feel a huge amount of relief since they are indeed backed by professionals.

Asbestosis is known to be a silent killer. Those who are affected may not even now that they already have this condition. For this reason alone, it is important to always have your health checked on a regular basis to learn about any developments of asbestosis especially if you were exposed to such material. This is to help prepare you for your mesothelioma claims. With the help of a professional compensation lawyer, individuals who are exposed to asbestos can be compensated financially as well as receive aid for medical bills and loss of income. Furthermore, companies are also held accountable for such actions offering swift justice to the victims.

There have been many cases where arrangements were made between victims and companies with regards to mesothelioma settlements. Victims were compensated well and all of this is made possible with the help of a qualified mesothelioma compensation lawyer. Even after an untimely death of a mesothelioma victim, its relatives and family can continue to pursue the compensation claim process turning it into a much serious case.

Since the affected companies will also be fighting for their right, it is ideal to look for and acquire the services of a qualified mesothelioma compensation lawyer. This is to help even out the odds especially since these companies will have their very own lawyers as well. Find out more about mesothelioma compensation lawyers for asbestosis victims and how they can help you with your case.


What Do Medical Compensation Lawyers Do?

People visit the hospital on a regular basis in an effort to keep their health in overall good condition. With that said, problems are just around the corner making it an overall struggle in finding good health care today. There are cases reported where medical malpractice occurred making would be patients fear for their overall health. In such cases however, a medical compensation lawyer and the services that they provided to their clients a very rewarding investment that is able to make them feel assured about their safety. What do medical compensation lawyers do?

Medical Malpractice or Personal Injury?
Before we answer that question, let us discuss first what medical negligence or malpractice is to make sure that your case is indeed under the services medical compensation lawyers provide. The line between medical negligence or malpractice and personal injury claims can be somewhat a little bit too obscured. With that said, these two factors are totally different. Personal injury claims puts the blame solely on you in the predicament that you are in and in such cases, one can’t make good use of the services which several compensation lawyers provide to them. Medical negligence or malpractice however, is the name implies is due to the errors of the professionals handling the case.

Breach of Duty
Medical malpractice becomes quite apparent if a provider’s negligence causes injury or damages to a patient. With the help of a medical compensation lawyer, they are able to provide the much needed aid and assistance to their clients to keep them well informed about the situation and their case. Terms such as “breach of duty” is often discussed with them as they for ways on how your care fell below the standard expected of a reasonably competent and professional specialist. This sounds easy on paper but preparing all of these documents and files during your legal actions can be somewhat a bit tedious and time consuming. Fortunately, you can leave such job to the professionals with the help of a compensation lawyer found today.

Having a Reliable Partner
Medical practitioners are able to take you seriously with your case when you have the services of a competent and professional medical compensation lawyer with you. This makes it easy to file a case and take it to the court when the need arises for it. These lawyers are also able to resolve such issues helping both parties come into an agreement without the need for further hassle as well as disputes. After all, all we need is to find a peaceable and agreeable solution as we carry on with our respective lives.
Find what you need with regards to medical compensation by looking for and acquiring your very own lawyer for today. Having their numbers nearby also adds to that extra layer of assurance, knowing that you have that reliable partner that is willing to help on at any given time. You can learn more about such services by looking them up over the internet today.