Most of the time when we talk about making a compensation claim for a motor vehicle accident or an injury sustained in a public place, the information is clearly directed at adults. But children can also make compensation claims if they are injured in these accidents. Under the terms of NSW legislation such as the Civil Liability Act (‘CLA’) and Motor Accident Injuries Act (‘MAIA’), a person is not required to be 18 to make a compensation claim. To be more specific, while a person under 18 does not possess the legal capacity to bring a claim for compensation, an adult ‘tutor’ – usually a paren ..read more

A High Court of Australia decision in 2023 represents a significant statement by the nation’s ultimate legal arbiter on claims by victims of institutional abuse. The case – GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 – saw the plaintiff ‘GLJ’, a survivor of abuse at the hands of Catholic priest Father Clarence Anderson, win her appeal against a decision by the NSW Court of Appeal to order a permanent stay in proceedings. The NWSCA decided that the 52 years that had elapsed between the time of the offending and the proceedings being initiated put the ..read more

The integration of artificial intelligence (AI) into medical practice and surgical procedures has brought about groundbreaking advancements in medical technology, enhancing precision and efficiency. However, as AI assumes a more prominent role in the operating room – as it does in many other areas of society – questions surrounding legal liability in the event of errors in its content or use. AI is another example of technology that has evolved and developed so rapidly, it is largely ahead of our legal system, including in the health industry. This article explores some of the legal implicatio ..read more

Australia’s natural attractions and relative wealth make it a popular destination for foreigners to come to work, study, and to visit. But when an accident befalls a visitor while in Australia, their rights and the legal implications of seeking compensation are not well known. Motor accidents are the most common incident involving people with foreign citizenship so in this article, we’ll explore the rights and options available to them – which changed slightly when the Motor Accidents Injuries Act (MAIA) legislation was introduced in NSW on December 1, 2017, including what happens if they leav ..read more

In this podcast, Accredited Personal Injury Law expert and BPC Lawyers Partner, Kate Henderson, discusses three things that are crucial to your success when you’re trying to secure the most amount of compensation possible.   Transcript Dan: One of the most common questions people ask when seeking compensation for a personal injury is, what do I need to do to give myself the best chance of securing the most compensation possible? Well, in today’s podcast, we’re going to cover three things that are crucial to the success of your claim, and to do so, I’m with accredited personal injury law ..read more

Recent changes to the motor accident injury scheme that was introduced in NSW in 2017 impact the benefits injured people are entitled to and some key deadlines for making a claim. The amendments in the Motor Accident Injuries Amendment Bill 2022, which commenced in November 2002, are aimed at reducing disputations and improving the efficiency of the scheme providing for those injured in motor vehicle accidents. We’ll look at these changes in more detail in this article, which apply to existing and future compulsory third party (CTP) claims. The key changes The first changes under the amendment ..read more

Life can be difficult after you’re injured at work. From driving to dropping the kids at school, basic daily tasks can become a lot more challenging when you’re trying to recover from an injury. One of the trickiest things to stay on top of are essential domestic tasks like cleaning, washing and maintaining the home and garden. Under section 60AA of the Workers Compensation Act 1987 (‘the Act’), an injured worker is able to claim domestic assistance that is ‘reasonably necessary’ through their employer’s insurer, even if it’s provided ‘gratuitously’ – that is, provided free of charge by friend ..read more

In this podcast, Accredited Personal Injury Law Specialist and BPC Lawyers Partner, Kate Henderson, discusses three things that are crucial to your success when you’re trying to secure the most amount of compensation possible.   The post Things You Can Do to Claim More Compensation appeared first on BPC Lawyers ..read more

While accidents involving motor vehicles are a frequent occurrence in Australia, one of the common misconceptions is that another driver needs to be at fault in order for you to claim compensation for any injury that you might suffer. Entitlement to Statutory Benefits In respect of the first 12 months after a motor vehicle accident, you are entitled to claim statutory benefits from the insurer even if you were at fault. The third party insurer is responsible to pay reasonably necessary medical expenses and most of your lost wages for that period.  An application for statutory benefits mus ..read more

In this podcast, Accredited Personal Injury Law Specialist and BPC Lawyers Partner, Courtenay Poulden discusses the legal ramifications of delayed cancer diagnosis. The post Delayed Cancer Diagnosis & Compensation appeared first on BPC Lawyers ..read more