Author Archives: Robert Hamilton

vw class action australia bannister law

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. Another very large Australian legal firm based in Melbourne 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?

This has truly had compensation lawyers in Australia as well as around the world licking their lips in excitement as it not just offers them a massive payday as massive publicity for their legal firms. Ambitious compensation lawyers are seeing this as their ticket to fame and glory, it might also be said that the lawyers pushing this the hardest are probably the lawyers with the greatest self-interest in mind.

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 in Australia, as well as Audi legal action, 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.

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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.

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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.

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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.

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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.

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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.

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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.

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