연말은 도로가 매우 바쁘고 사고가 잦게 발생하는 달입니다. 따라서 오늘은 연말연시 도로에서 안전하게 운전하는 방법에 대해 알아보도록 하겠습니다.
또한, 음주 운전이나 휴대전화 사용은 절대 금물입니다. 이러한 위험을 감수하지 말고 안전 운전에만 전념해 주세요.
안전한 연말연시 보내시고 새해에는 행복과 건강이 함께하길 바랍니다.
먼저, 의료기록은 의뢰인님의 부상 정도와 받은 치료 기록을 기록한 문서입니다.
이를 얻기 위해서는 치료를 받은 의료 기관에 문의하여 사본을 요청하시면 됩니다. 의뢰인님의 서명이 포함된 위임장이 있다면, 저희가 해당 서류를 대신 받을 수 있습니다.
두 번째로는 경찰 리포트입니다. 교통사고 등으로 상해를 입은 경우, 반드시 경찰에 신고해야 합니다. 이때 경찰 리포트를 받아야 하는데요,
사건 현장에 출동한 경찰서에 연락하여 요청서와 신분증을 제출하시거나 요청서를 제출하는 방법이 있습니다. 이런 일들 또한 저희가 대신할 수 있습니다.
세 번째로는 사진 및 동영상 기록입니다. 사고가 발생한 지역 근처의 보안 카메라나 교통 상황 CCTV, 혹은 사고 현장에서 목격자들이 찍은 비디오나 사진들이 상해 사건 진행에 매우 중요한 증거 자료가 될 수 있습니다.
또한, 상해를 입은 부위를 사진으로 기록하는 것도 잊지 마세요.
마지막으로는 목격자 진술서가 있습니다. 목격자에게 연락하여 서면이나 녹음된 진술서를 요청할 수 있습니다.
사고 상황을 명확하게 기억하고 진술할 수 있도록 목격자 진술서를 가능한 빨리 수집하는 것이 좋습니다.
이외에도 상해와 관련된 의료비용이나 소득 상실, 기타 손해에 대한 기록을 보관하는 것이 좋습니다.
호주에서 지내다보면 사고나 갑작스러운 질병으로 인해 응급실을 이용해야 할때가 있습니다.
메디케어나 사보험 카드도 함께 제출 합니다.
방문 이유를 설명하고 다음과 같은 사항을 알립니다:
1. GP선생님께서 응급실로 방문하라고 하셨을 경우
2. 알레르기 유무
3. 복용중인 약
4. 임신중이거나 수유중인 경우
5. 최근 해외여행 유무
필요에 따라 피검사나 엑스레이등 검사를 받게 됩니다.
응급 진료 후 결과에따라서 전문의를 보는경우 ,
병원에 입원하는 경우, 의료진이 한동안 더 상태를 관찰하는 경우,
깁스나 상처봉합 등의 치료를 받는경우
약을 처방 받는경우,
전문의 치료를 위하여 다른 병원으로 이송되는 경우 또는
그냥 귀가하게 되는 경우 들이 있습니다.
만약 치료를 받기 전에 상태가 호전 되거나 GP를 보기로 결정하여서 귀가하기로 결정하였다면,
언제든 응급실을 떠나실 수 있습니다. 다면 추 후 그에따른 문제가 생긴다면 병원은 책임을 지지 않습니다.
꼭 응급실 접수원이나 간호사에게 귀가 의사를 알리고 응급실을 떠나는것이 좋습니다.
어떤 치료를 받으셨는지, 어떤 사후 관리가 필요한지 충분히 이해하기
처방받은 약이 어떤 약인지 왜 복용하게 되는지 안내받기
언제 다음 진찰을 받아야하는지 어떤 의사선생님을 보는지 체크(GP, 전문의, 외래진료)
필요에 따라 GP선생님께 보내는 레터 또는 Work Cover 나 CTP Medical
Certificate와 같은 진단서받기 소지품 챙기기 등이 있습니다.
퀸즐랜드 퍼블릭 병원에서 응급실 비용은 메디케어 소지자에게는 무료이지만
메디케어가 없다면 비용을 지불하게 됩니다.
하지만 진행하시는 CTP클레임이나 WorkCover클레임이 있다면
무료로 서비스를 받으실 수 있습니다.
메디케어를 가지고 계신다고 해도 서비스 비용을 지불하게 됩니다.
Private Hospital이 커버가 되는 사보험이 있을시에는 퍼블릭 병원을 간다고 해도
사립병원으로 이송될 수 있기 때문에 바로 사립 병원을 가는것이 좋습니다.
Rin Kim Law offers its compensation law services on a No Win No Fee basis.
This means that we are prepared to enter into a transparent costs agreement with clients that provides that Rin Kim Law is willing to defer payment of its legal fees and disbursements necessary to pursue your personal injury claim until Rin Kim Law has achieved a successful result. Our legal fees and disbursements are then deducted from the successful settlement in an amount that is transparently calculated by the methodology set out in our costs agreement.
This means that we can provide you with the necessary legal support to pursue your legal rights without any upfront financial burden.
If your claim is ultimately unsuccessful for any reason beyond our control (such as an adverse court finding), you will not be required to pay our incurred legal fees.
Rin Kim Law offers its compensation law services on a No Win No Fee basis.
This means that we are prepared to enter into a transparent costs agreement with clients that provides that Rin Kim Law is willing to defer payment of its legal fees and disbursements necessary to pursue your personal injury claim until Rin Kim Law has achieved a successful result. Our legal fees and disbursements are then deducted from the successful settlement in an amount that is transparently calculated by the methodology set out in our costs agreement.
This means that we can provide you with the necessary legal support to pursue your legal rights without any upfront financial burden.
If your claim is ultimately unsuccessful for any reason beyond our control (such as an adverse court finding), you will not be required to pay our incurred legal fees.
Capped Legal Fees: Our legal fees are capped in accordance with section 347 of the Legal Profession Act 2007 (Qld), and the methodology for assessing our legal costs and outlays are set out in our costs agreement.
Transparency: At Rin Kim Law we have a plain english costs agreement that transparently sets out how our costs and outlays are incurred and charged. We also allow for our costs and outlays to be independently assessed by a registered costs assessor from the Queensland Court Register of Costs Assessors should further independent transparency be required.
No Win, No Fee is a legal agreement that lets you get legal help without paying upfront costs. It’s also called a “Conditional Fee Agreement”. Under this agreement, you only pay us professional fees if we achieve a successful outcome on your behalf.
If your case does not achieve a successful outcome, you do not need to pay us any legal fees. This means if you need help with a contested compensation claim, you have some peace of mind that we have taken your contested matter on without financial cost to you.
At Rin Kim Law, our No Win No Fee policy is available in respect of the following services:
Navigating the intricacies of a compensation claim can be daunting, especially when financial concerns are at the forefront. At Rin Kim Law, we alleviate these worries with our client-focused approach:
No Win, No Fee Policy: Our commitment to justice is reflected in our “No Win, No Fee” policy. This means that if we are unable to win your case, you won’t have to pay our legal fees. We shoulder the risk so that you can pursue your claim with peace of mind.
Eligibility for Superannuation Claims: If an injury has left you unable to work, you may be eligible for superannuation claims and compensation. Our experienced team will guide you through the process to ensure you receive the benefits you are entitled to.
Focus on Your Recovery: With Rin Kim Law by your side, you can concentrate on your recovery while we handle the legal complexities. We are dedicated to ensuring that you receive the compensation you rightfully deserve.
Rin Kim Law offers its compensation law services on a No Win No Fee basis.
This means that we are prepared to enter into a transparent costs agreement with clients that provides that Rin Kim Law is willing to defer payment of its legal fees and disbursements necessary to pursue your personal injury claim until Rin Kim Law has achieved a successful result. Our legal fees and disbursements are then deducted from the successful settlement in an amount that is transparently calculated by the methodology set out in our costs agreement.
This means that we can provide you with the necessary legal support to pursue your legal rights without any upfront financial burden.
If your claim is ultimately unsuccessful for any reason beyond our control (such as an adverse court finding), you will not be required to pay our incurred legal fees.
A No Win, No Fee arrangement offers you a way to seek justice without any financial risk. There is no need to pay for legal fees or outlays upfront, which means you can seek legal assistance for a personal injury claim regardless of your financial situation.
Motivated Legal Representation: No Win, No Fee lawyers are highly motivated to secure positive outcomes for their clients as they will be paid only if they achieve a successful outcome.
Financial Security: Suffering from a personal injury often leads to significant financial strain. Medical bills, lost wages, and rehabilitation costs can quickly accumulate. With No Win, No Fee legal representation, you can focus on your recovery without the added worry of legal costs and outlays.
While No Win, No Fee arrangements are available for a wide variety of compensation cases, it is important to arrange an obligation-free initial consultation to determine whether your claim is eligible for this option.
Typically, at an obligation-free case appraisal, the lawyer will assess the strength of your case and inform you about the feasibility of pursuing a compensation claim under a No Win, No Fee agreement.
At Rin Kim Law, we believe in transparency, which is why we operate with clear, plainly worded and comprehensive cost agreements.
A cost agreement is a formal understanding between the lawyer and the client, that details the financial aspects of the legal services provided. It explains our “No Win, No Fee” policy and any additional costs, so you are not surprised by unexpected expenses.
Before we embark on any legal journey together, we ensure that you fully understand the terms of our agreement. This includes a breakdown of potential legal fees, disbursement costs, and any other expenses that might arise during the case.
Accidents happen. But when someone else’s negligence causes your injury, understanding “duty of care” is critical to seeking compensation. This legal principle establishes the foundation for most compensation claims.
So, what does duty of care entail? How is it established in compensation claims? And whats the vital role played by lawyers in ensuring justice for injured victims?
Duty of care plays an important role in determining liability and compensation in various situations, such as slip and fall accidents, car accidents, workplace injuries, and other compensation injury claims.
Basic Examples of Duties of Care:
Drivers must obey traffic laws and drive cautiously to avoid accidents.
Property owners must maintain a safe environment for visitors.
Doctors have a duty to provide proper medical care to their patients.
When you suffer an injury, navigating the legal process can be overwhelming, with duty of care being a fundamental pillar in every case.
As the injured party seeks compensation, understanding the concept of duty of care becomes crucial in determining liability.
The onus of establishing the following matters is on you, the claimant, to the civil standard of proof – on the balance of probabilities.
To win a compensation claim, you (the claimant) must prove the respondent (the at-fault party) breached their duty of care. This typically involves four elements:
You must prove the respondent had a legal obligation to act carefully and avoid causing harm. This duty arises from the relationship between the parties. For instance, a doctor has a duty to provide reasonable medical care to their patients, and a property owner has a duty to maintain a safe environment for tenants and visitors.
You need to demonstrate that the respondent’s actions or inaction fell short of their duty of care. This means the respondent behaved negligently, significantly deviating from what a reasonable person in the respondent’s position would have done in the same situation.
A direct link between the respondent’s breach and your injuries is essential. You must show your injuries wouldn’t have occurred if the respondent had fulfilled their duty of care.
Finally, you must prove the financial and non-financial losses you suffered due to the respondent’s breach. This typically includes medical expenses, lost wages, pain and suffering, and the cost of caregiving.
Duty of care refers to the moral or legal obligation one has to ensure the safety or well-being of others. It denotes the responsibility to avoid acts or omissions that could harm others.
In Australia, duty of care is a legal obligation that requires a person or entity to take reasonable care to avoid harm being caused to another.
Duty of care can be seen in a teacher’s responsibility to provide a safe learning environment for students, a doctor’s obligation to provide their patients with proper medical treatment and disclosure of potential adverse side-effects and treatment risks, or a driver’s obligation to adhere to traffic rules and drive with due care and attention.
Actual duty of care (as opposed to a general duty of care) is a more specifically identifiable and defined legal obligation one person has to another, where harm can be reasonably anticipated if that obligation is not met.
For example, a general duty of care in a factory would be to implement and enforce a safe system of work for staff; while an actual or specific duty of care would be to ensure that a particular machine was properly serviced or had suitable safety guards fitted.
Duty of care in the workplace refers to an employer’s obligation to protect their employees’ health, safety and welfare, which includes ensuring a safe environment, proper training, and prevention of bullying or harassment.
Every adult and every worker and all businesses owe their own individual duties of care depending on the situation and the activity they are engaged in at the time. Where any of those dutyholders breach their duty of care and it causes a person an injury in circumstances where such an injury is foreseeable and a clear consequence of the breach, there will generally be a right for the injured person to make a claim for compensation.
If you’ve suffered an injury because someone failed to meet their duty of care, you may be entitled to compensation. Our team at Rin Kim Law will assess your situation, explain the applicable duties, and guide you through your options — so you’re not navigating alone.
Contact us to arrange a confidential, no-obligation consultation.
If you sustain an injury at work, whether it is a physical injury due to poor work practices or from faulty machinery or a psychological injury due to bullying, it’s important to know that you will generally be entitled to lodge a workers compensation claim.
In Queensland, if you have been injured at work most employers are insured with Workcover Queensland, who will handle those claims largely independent of the employer.
However, if you work for a larger company (such as Coles or Woolworths) they may be self-insured and handle their own workers’ compensation claims through their insurance division and delegated representatives.
Either way, there are a few essential steps you must take to ensure your workers compensation claim is lodged correctly.
Report the Incident: As soon as the work-related injury occurs, make sure to report it to your employer or supervisor. Timely reporting is vital to initiate the workers compensation process.
Seek Medical Attention: Your health and well-being should be your top priority. It’s crucial to seek immediate medical attention for your injuries. Not only this is important for your recovery, but it also establishes a medical record that supports your workers compensation claim. We can provide recommendations for trusted healthcare providers who specialize in workplace injuries.
Document Everything: Keep a detailed record of all relevant information related to your injury and subsequent medical treatment. This includes gathering witness statements, taking photographs of the accident scene if possible, and maintaining copies of medical reports and bills. These documents will be valuable evidence to support your claim.
Notify Workcover QLD (or Employer): Depending on your employer’s insurance coverage, you may need to notify Workcover QLD or your employer directly about the incident and your intention to lodge a workers compensation claim. If you are lodging your workers compensation claim more than three months after your accident/ injury, it is recommended that you speak to a workers compensation lawyer, as there are a number of complications and pitfalls resulting from lodgment after three months.
Consult with a Workers Compensation Lawyer: While injured workers can lodge and manage their workers compensation statutory claims themselves, there are a number of events during the course of the statutory claim which become especially important if you are likely to not fully recover and be left with a residual disability and impairment. Seeking legal advice from a workers compensation lawyer is crucial to protect your rights and navigate the claims process, especially if you need to pursue a common law process in order to secure full and appropriate compensation.
There are different types of workers compensation claims to consider, depending on your situation:
Specific incident workplace injuries: This is where a worker suffers an injury or illness due to a specific workplace accident. To claim, the workers compensation insurer will require evidence establishing that the injury was sustained at the time, date, place and in the manner alleged.
Over Period of Time (OPT) Injuries: These are physical or psychological injuries sustained due to work causes over time. This could be a deteriorating back condition due to performing unsafe heavy lifting at work over time or a psychiatric injury caused by sustained bullying and harassment. To claim, the workers compensation insurer will need evidence of the ongoing exposure to the unsafe tasks or bullying interactions and possibly seek evidence proving that the injury was not caused by other events away from work.
Statutory Compensation Claims: Whether you have a specific injury claim or an OPT claim, once accepted you will generally be entitled to some form of statutory benefits (depending on how long after injury you lodged your claim) on a no-fault basis.
If you have been in involved in a workplace or car accident and sustained an injury, it is important that you consider the following recommended steps to ensure that you fully or recover to an optimal degree, that it is acknowledged that your injury is related to the relevant incident and that any claim that you choose to pursue for compensation is not diminished or declined by the relevant insurer/s.
Watch this video and learn the basics of what to expect from the emergency room doctor, nurses and staff.
Being injured in an accident is stressful and confusing. Add navigating the emergency room (ER) or medical centre waiting room seeking urgent treatment on top of that, and the situation can feel overwhelming. Here are 9 tips to help you after an accident to protect your rights should you wish to make a claim:
1. Be Prepared: Before you even arrive, pack your Medicare card, a list of your medications, and any medical history documents like x-rays or doctor’s notes. Have your emergency contact information readily available.
2. Be Honest and Accurate: Provide accurate information about your accident, symptoms, and medical history to the nurses and doctors. This helps them diagnose and treat you effectively.
3. Focus on Treatment, Not Fault: Avoid discussing fault or liability in the ER. Save that for your lawyer. Focus on getting the medical attention you need.
4. Get Copies of Everything: Request and keep copies of all your medical records, bills, and discharge instructions. These will be crucial for insurance claims and potential legal action.
5. Inform Your Employer (Work Accident): If it’s a work injury, notify your employer immediately and file a report within the required timeframe.
6. Contact Your Lawyer: Don’t wait! Get in touch with your personal injury lawyer as soon as possible. They can advise you on your rights and protect your interests.
7. Don’t Talk to Adjusters: Insurance adjusters may contact you. Do not provide any statements or sign documents without your lawyer’s guidance.
8. Document Everything: Take photos of your injuries, the accident scene, and any damage. Keep a detailed journal of events, symptoms, and medical interactions.
9. Prioritise Healing: The ER visit is just the beginning. Focus on resting, recovering, and following your doctor’s instructions. Your lawyer will handle the legal aspects while you heal.
Bonus Tip: Keep track of all accident-related expenses, including ambulance fees, hospital stays, and medications. This information will be valuable for later claims.
For specific legal advice based on your situation, always consult with a qualified personal injury lawyer.
Exchange names, contact information, driver’s licence, insurance details, and vehicle registration numbers. Do not admit fault or discuss the accident beyond basic facts.
It’s best to contact a personal injury lawyer as soon as possible after the accident. They can guide you through the legal process, protect your rights, and maximise your potential compensation.
Don’t speculate on fault. Your lawyer will investigate the accident and determine liability based on evidence and applicable laws.
You may be eligible for compensation depending on the severity of your injuries, fault, and insurance coverage. Consult a lawyer to assess your individual case.
Seek immediate medical attention and report the accident to your supervisor immediately. Follow all employer protocols for reporting work injuries.
Additional information on required actions are to be found on our more comprehensive news page here.
Workers compensation schemes cover medical expenses and lost wages for work-related injuries. Your lawyer can explain the specific processes and benefits.
Your employer has an entitlement to dispute whether you were injured at work and the nature of the injuries you allege you sustained. Sometimes the workers’ compensation insurer may side with the employer and reject your claim. In that case, you have the right to appeal the decision. This is a review application to the Workers’ Compensation Regulator and must be lodged in the prescribed form within three months of the decision requiring review. A workers compensation lawyer can guide you through the appeals process, which does have some technicalities – simply saying that you disagree and are unhappy with the initial adverse decision is (unfortunately) not an adequate basis for any appeal!
Yes. If you have complied with the preliminary requirements to bring a common law damages claim for employer negligence causing personal injury and you are in a position to bring a claim within the limitation period. It is recommended that injured workers consult with a workers compensation lawyer to ensure that any rights to compensation are properly protected and actioned.
While prompt reporting is crucial, late reporting does not necessarily bar your claim. Seek legal advice as soon as possible to understand your options.
Brisbane roads are tough, and 2023 statistics show it: 279 fatalities as a result of crashes, which is 21 fatalities (or 7.1%) fewer than the previous year and 13 fatalities (or 4.9%) greater than the previous five year average. No matter the cause — speeding, drunk driving, or just bad luck — every car accident is unique, and so are the injuries.
Before diving into the most common car accident injuries, remember that immediate medical attention is crucial. Hidden injuries like whiplash or internal bleeding might not show symptoms right away. Understanding these injuries can help you recognise when to seek a doctor’s evaluation, even if you initially feel fine.
Whiplash is one of the most common car accident injuries, occurring in about 75% of survivable car accidents.
Whiplash typically results from a sudden, forceful movement of the head and neck, often during a rapid acceleration or deceleration accident events.
Neck pain, stiffness, headaches, and dizziness
Early medical intervention is key. A doctor can diagnose whiplash quickly, reducing the risk of long-term complications.
Concussions and TBIs are serious injuries with lasting effects.
These injuries result from a sudden impact causing the brain to move rapidly within the skull, which is common in car accidents. Severe impacts may cause the brain to swell, which can result in widespread brain damage if the swell pressure is unable to be released or reduced within time. Finally, a penetrative brain injury can cause a range of permanent functional deficits, depending on the area or brain affected.
A wide variety of symptoms from headaches, confusion, dizziness, nausea, and loss of consciousness through to loss of function (sight, speech, mobility etc).
Don’t gamble with your brain health. Immediate medical attention improves outcomes and speeds up recovery.
Bone fractures are common in car accidents due to the force of the collision.
When the force of the impact exceeds the strength and resilience of a bone. This may involve a direct blow causing a single or comminuted (fragmented) fracture or an avulsion fracture where a portion of bone is pulled away from the main bone. The fracture might also be classified as an “open” fracture (where bone fragments penetrate and are visible through the skin) or “closed” (where the fractured bones do not penetrate the skin to become visible).Bone fractures are common in car accidents due to the force of the collision.
Intense pain, swelling, bruising, immobility (or hypermobility), visible deformity or loss of symmetry, visible wound (where an open fracture).
Early diagnosis and treatment are essential. A doctor can set the break, whether with a cast or surgery, and get you started on rehab.
Soft tissue injuries, like sprains and strains, are incredibly common and can cause serious short- or long-term pain and resulting impairment.
Soft tissue injuries can result from a direct blow (such as bruising and muscular damage) or due to forced extension or hyperextension of the soft tissues due to rapid acceleration or deceleration.
Pain, swelling, bruising, and restricted movement
Early medical evaluation is crucial to prevent chronic pain and long-term issues. A doctor can create a personalised treatment plan, which may involve the RICE protocol (Rest, Ice, Compression, Elevation) and physical therapy to prevent chronic pain and long-term issues.
Spinal cord injuries are the nightmare scenario of car accidents. The force of a collision can damage your vertebrae, ligaments, or the spinal cord itself, with devastating consequences.
The violence of a motor vehicle accident can fracture spinal vertebrae, compromising the spinal cord and canal, or a severe acceleration or deceleration can lead to hyperextension or compression of the neck or spine, causing damage to the spinal cord.
Paralysis, numbness, loss of control over bodily functions
Extensive rehabilitation is often necessary. Some may regain significant function, while others may face permanent disabilities.
Internal injuries, like organ damage and bleeding, are hidden dangers that require urgent medical attention.
Blunt force trauma from a collision can bruise or tear internal organs, leading to internal bleeding.
Abdominal pain, dizziness, fainting, and shock
If you’ve been in a car accident and suspect internal injuries, get to the hospital immediately. The sooner you get help, the better your chances of a full recovery and avoiding life-threatening complications.
Broken glass, flying metal, and sharp objects inside the car can all turn into painful injuries.
Shards of glass, twisted metal, or even your seatbelt in a bad crash can all leave cuts, ranging from minor scrapes to deep gashes.
Clean and dress minor cuts immediately to prevent infection.
Deep cuts pose a higher risk of infection and scarring. Seeking professional treatment right away gives you the best chance of a clean recovery and minimal lasting marks.
Burns are a serious risk, not just from fires, but also from hot engine parts, spilled chemicals, or even heated surfaces inside the car. Explosions can also inflict devastating burns.
Vehicle fires, scalding fluids, and hot car parts can all inflict burns ranging from mild to life-threatening.
Burns require specialised treatment to manage pain, clean wounds, and potentially use skin grafts. Severe burns can lead to long-term issues and require extensive care. In some cases, burn victims need treatment in special burn units.
Chest injuries are a common consequence of car accidents, especially for those in the front seats. The impact on the steering wheel, dashboard, or even your seatbelt can cause serious damage.
The force of the crash can crack ribs, collapse your lungs, or even injure vital organs like your heart and lungs.
Severe chest pain, difficulty breathing, and bruising
Depending on the severity, treatment could involve pain management, rest, or even surgery to ensure your vital organs heal properly. Your chest houses some of your most important organs. Early intervention can make a big difference in your recovery.
Car accidents leave their mark, but some wounds run deeper than others. Psychological trauma, though unseen, can be just as debilitating as physical injuries. Up to 29% of Australians who survive a car crash develop Post-Traumatic Stress Disorder (PTSD), anxiety, or depression.
The sudden violence of a car accident can trigger intense fear and helplessness. These overwhelming emotions can snowball into lasting mental health issues.
Flashbacks, nightmares, crippling anxiety, and intrusive thoughts
Therapy and counselling can equip you with the tools to heal. Seeking help from a mental health professional is crucial to prevent long-term psychological damage.
If you’ve been injured in a car accident, you don’t have to face the recovery and legal process alone. Our team at Rin Kim Law can help you understand your rights, deal with insurers, and secure the compensation you’re entitled to.
We’ll listen to your story, explain your options clearly, and guide you every step of the way so you can focus on healing while we handle the rest.
Contact us today to arrange a confidential consultation.
Ensure your safety, call emergency services, and seek medical attention. Document the scene and exchange information with the other party involved.
See a doctor as soon as possible, even if you feel fine. Some injuries may not show symptoms immediately.
Yes, you may still be eligible for compensation. Consult with a lawyer to understand how partial fault affects your motor vehicle accident claim.
In Queensland, the time limit to protect your rights by commencing legal proceedings in a Queensland court is three years from the date of accident/ injury or three years from your 18th birthday, whichever is the later date. However, the Motor Accident Insurance Act 1994 (Qld) imposes additional pre-litigation requirements and timelines – such that you should lodge a Notice of Accident Claim in the prescribed form within one month of consulting a lawyer or within nine months of the accident (whichever comes first) unless you can provide a reasonable excuse for your delay.
You can receive compensation for medical expenses, lost wages, pain and suffering, and other related costs. Please see our motor vehicle accident news page for further details.
Your entitlement to compensation from a motor vehicle accident will depend on a wide range of factors including the extent to which you were at fault for the accident, the severity of your injuries and the effect those injuries have had on your current and future employment/ employability, and the extent and cost of the medical treatment and rehabilitation for your injuries.
Rin Kim Law offers an obligation-free consultation to consider your individual circumstances and provide you with guidance as to the potential value of your compensation claim and the recommended process for pursuing your compensation entitlements.
Being involved in a motor vehicle is traumatic – especially if you are injured! It is an unexpected and confronting scenario that many people thankfully never experience. But if you are involved in an accident, it is important to understand that there is a legal framework that applies to determine who is responsible for the motor vehicle accident and the consequences of that.
While you may have your own view of who is to blame for your motor vehicle accident, there are only two legitimate arbiters of fault – the police and the courts. If you believe that you were not at fault (or that the other driver was predominantly at fault), it is important that you ensure that the police are notified at the earliest opportunity – preferably at the scene of the motor vehicle accident – so that your version of relevant events and opinions can be officially recorded, while details are fresh from the time of the accident. If a personal injury or property damage claim results from a motor vehicle accident, the responding insurer will generally rely heavily on the recorded findings of the police with respect to the accident.
If you are involved in a car accident, it is important to call the police immediately, especially if there are injuries or significant property damage, or if vehicles are blocking the road. The police report will document the location of the accident, details of the drivers involved, and other pertinent information, including the time of the accident. This report is often essential when submitting an accident claim form to your insurer.
If the other driver ran a red light, they’re likely at fault. However, proof of this will often come down to CCTV, witness evidence and traffic signal data. So, it is best to ensure the matter is reported to police, as they are best placed to secure all of this evidence.
It is normal for people to feel some level of guilt in relation to a motor vehicle accident. People naturally feel “perhaps the accident would not have occurred if I had done this or that….”
However, section 43 of the Motor Accident Insurance Act 1994 (Qld) provides that an insured person (which is you, if you are driving a registered motor vehicle), must not make an admission of liability on a claim without their (compulsory third party -CTP) insurer’s written agreement. The exception to this requirement is that you can provide a police officer with information reasonably required in order for them to prepare their motor vehicle accident report.
So, despite any nagging feelings of regret or cuplability, you should avoid saying anything to anyone which could be interpreted as you accepting any responsibility or liability for the motor vehicle accident.
If you’re not at fault, you have options for bringing claims for compensation if you have suffered injury and/ or property damage to your motor vehicle and personal effects in the vehicle.
For property damage, you can file a claim with your comprehensive insurer (if you have one) or the at-fault driver’s comprehensive insurer (if they have one). If you have comprehensive insurance, often your insurance company will handle the claim and seek reimbursement from the other driver’s comprehensive insurer or the other owner/ driver personally, simplifying the process for you.
For personal injury, your claim will be against the CTP (Compulsory Third Party) insurer of the at-fault vehicle. To initiate a CTP insurance claim, you will need to complete and submit the appropriate accident claim form, which includes details such as the registration number of the at-fault vehicle and the location of the accident.
Navigating the claims process can be complex, and it’s advisable to seek legal advice to ensure your rights are protected and to assist with the necessary documentation and procedures. Legal professionals can provide guidance on the steps to take, help gather evidence, and liaise with insurers on your behalf.
Regardless of your own opinion, the opinions that matter are those of the police and the courts (in the event that a claim proceeds that far). Even if you have concerns that you might have been more than a little to blame for the motor vehicle accident, you should speak with a motor accident claim lawyer who can obtain access to the police accident report (or trigger one to be prepared) and review independently who is likely to be determined to be at fault and whether you have a viable claim for compensation.
Collect the following details:
Vehicle Details: Make, model, colour, and registration details of the vehicles involved.
Personal Details: Full names and addresses of the owners and drivers of each vehicle.
Witness Information: Contact information for any witnesses.
Documentation: Photos of the accident scene and vehicle damage, including any skidmarks or other relevant road or area features, such as nearby road works or obstructions to view or vehicle path.
Traffic Accident Report: Obtain a copy if the police investigated the accident. To get this, fill out an application and pay a fee by contacting CITEC Confirm at 1800 773 773 (toll-free) or visiting their Queensland Police reports page. With a signed authority, a motor accident compensation lawyer can obtain this report quickly.
Identify the responsible party. Guidance for this can initially be obtained from the police report – the police will list the at-fault driver/ motor vehicle as “Unit 1”; will include the available witness statements about what they saw and the cause of the accident and indicate whether and what traffic offences should be issued and to whom. An experienced motor accident compensation lawyer will also be able to assist in identifying the at-fault driver or indicate what the likely liability apportionment between drivers might be (if a claim was to proceed).
If the other driver caused the accident, here are your options:
Claim on Your Insurance: If you have comprehensive insurance, make a claim to cover the property damage. Your insurer will handle negotiations with the other owner/ driver or their comprehensive insurer.
Claim Against the Other Driver: If you have suffered personal injuries in the motor vehicle accident, you can make a claim for damages against the at-fault driver, which will be responded to by their Compulsory Third Party (CTP) insurer.
If you do not have comprehensive insurance and suffered property damage to your motor vehicle and personal effects in the motor vehicle accident, you can make a claim against the other at-fault driver. If the at-fault driver has comprehensive insurance, then their insurer will respond to your claim. If the at-fault driver does not have comprehensive insurance, they will have to meet your property damage costs personally.
A motor accident compensation and property damage lawyer can assist you with a personal injury and property damage claim, regardless of whether the claim is against an insurer or the at-fault driver/ owner personally.
If you do not have comprehensive insurance (and have no insurer acting on your behalf), you should send a letter to the other at-fault driver indicating your intention to claim damages for property damage. This is important, especially if obtaining repair quotes for your property damage will take time. The other driver at-fault driver should forward this letter to their insurer if they have one or otherwise respond themselves.
Get a repair or replacement quote for your vehicle and any other damaged or destroyed personal effects you are claiming for. One quote is typically sufficient unless disputed. Your total claim should cover:
Repair costs to restore your vehicle to its pre-accident condition.
Any towing fees incurred.
If your vehicle is written off, claim the vehicle’s wholesale value plus towing fees.
Send a letter of demand to the at-fault driver or their comprehensive insurer (if they have one), including copies of quotes and receipts. Keep copies of all correspondence. A motor vehicle property damage lawyer can assist in drafting and sending these documents to ensure they are legally sound and that recoverable items are not missed.
We have already warned above about the issue of making unauthorised admission of fault/ liability in relation to your motor vehicle accident. Accordingly, if you are intending to make both a personal injury and property damage claim, it is prudent for you to have a motor accident compensation and property damage lawyer assist you with property damage negotiations to ensure that any discussions and settlement are appropriately conducted and documented.
Even if you only intend to make a property damage claim and not a personal injury claim, you still need to take care not to make any admissions – the other driver may intend to make a personal injuries claim against you, and your CTP insurer will not be happy if you have made any unwise concessions of fault simply because you do not think it will affect you personally.
If your property damage negotiations stall, it might be quicker and easier to involve a property damage lawyer to represent your interests and negotiate more effectively on your behalf – and if all else fails, they can guide you through the process of litigating to recover your property damage.
Document everything meticulously. Whether you are intent on self-representing or ultimately engage a property damage lawyer, the documentation you rely on and any exchange of information, representations and negotiations need to documented and available for any litigated hearing. Consulting with a property damage lawyer is worthwhile to determine whether your claims are legally and commercially viable and the best legal way forward to resolve your claim.
Prepare a detailed written statement of the accident and gather witness statements. Include:
Witness’s name, age, address, and occupation.
A detailed account of the accident.
Date, time, and location.
Road and weather conditions.
Vehicle speed and any observed skid marks.
Damage to the vehicles.
After a car accident, understanding your legal options regarding property damage is crucial. Whether your claim falls under the Queensland Civil and Administrative Tribunal (QCAT) or the Magistrates Court, taking the correct steps can significantly impact the legal and commercial viability of your case.
For claims up to $25,000, QCAT offers a low-cost way to settle smaller property damage claims without lawyers (though they’re allowed in some cases). But doing it alone can be risky. The absence of a lawyer could lead to:
Weak Case Presentation: Legal jargon is a minefield. You might miss crucial details that impact your claim.
Missed Deadlines & Errors: Legal procedures are unforgiving. Mistakes can lead to dismissals or unfavourable rulings.
Negotiation Nightmare: Lawyers have the expertise to negotiate effectively, potentially leading to better settlements.
For property damage claims up to $150,000, the Magistrates Court provides a more formal process, allowing for legal representation. Here’s a brief overview of the steps involved:
Prepare Claim Documents: Fill out the required court forms detailing the accident and your property damage losses.
Lodge Your Claim: Submit the originals and copies with a fee to the QCAT registry.
Notify the Other Party: Serve them with a copy of your claim forms.
Attend Mediation: Bring all your evidence to support your case.
While this process is structured, the complexities involved make it highly beneficial to have a lawyer on your side. Legal representation ensures that:
Your Case is Thoroughly Prepared and Presented: Lawyers ensure all necessary details and evidence are included.
Procedural Compliance is Maintained: Avoid costly mistakes that could jeopardise your case.
Professional Negotiation: Lawyers can often secure more favourable settlements due to their expertise.
No. When you hire a lawyer after a not-at-fault accident, they’ll handle most of the legwork, including negotiating with insurance, gathering evidence (though you can help collect details), and completing paperwork. Your lawyer will guide you through what information they need from you, but they’ll take care of the complexities of the case.
Generally, if you are not at fault, you should not have to pay an excess. Your insurer may recover this cost from the at-fault driver’s insurer.
If the at-fault driver is uninsured, you may need to rely on your own insurance policy or take legal action to recover costs.
Yes. You will have CTP insurance on your motor vehicle if it is properly registered. CTP insurance, however, only covers for personal injury of people injured by your motor vehicle or in your motor vehicle if the driver (of your vehicle) is at fault.
You can also take out varying levels of comprehensive insurance from basic fire and theft cover to full comprehensive cover where you can claim for property damage caused to or by your motor vehicle even if you/ the driver is at fault.
You are going to have to repair or write off your damaged motor vehicle either way. However, how you approach repair of your motor vehicle, hire of a replacement vehicle, and repair or replacement of personal property and effects from the accident will likely depend on whether the at-fault driver has insurance, the financial resources to pay your property damages, and whether they are prepared to pay you without litigation.
In any event, you should document everything – take detailed photos of all the accident damage from as many angles as possible, keep all repair quotes, invoices and receipts, and locate original purchase receipts (or recent insurance valuations) for personal effects needing repair or replacement.
When a sudden incident leaves you injured, with mounting bills and an inability to work, the physical, financial and emotional toll can be overwhelming. However, if the incident is due to the fault of another, a compensation claim may be available to compensate you for your losses and get you back on your feet. This may include reimbursement for out-of-pocket expenses, lost income, and in some cases, lump sum payments for long-term impacts.
A compensation claim is a legal process taken to seek compensation for physical or psychological injury caused by someone else’s fault. Common types of compensation claims include:
Understanding the legal basis of your claim strengthens your position. Here’s what you need to prove:
Duty of Care: The person/ business you identify as being responsible for your injury must have an identifiable and definable legal obligation to act in a reasonable way to avoid harming you. For example, drivers have a duty to obey traffic laws, employers have a duty to provide workers with a safe workplace and system of work, and shopping centres have a duty to keep public areas clear of slip and fall risks.
Breach of Duty: The dutyholder failed to uphold their duty of care. This could be a driver speeding, an employer failing to have safety guards on machinery, or a shopping centre failing to have a reasonable cleaning service.
Causation: The dutyholder’s breach of their duty directly caused your injury; and your injury was a foreseeable and not insignificant risk of resulting from that breach.
Damages: You suffered actual loss and damage (identifiable and residual injury and impairment, associated medical bills, lost wages) due to the breach of duty.
The steps you take immediately after an incident can significantly impact your claim. Here’s what to do.
Document the incident. For car incidents, contact the police and your insurance company. For workplace harm, notify your employer.
Your health is paramount. As soon as you have reported the accident, seek medical attention right away, even if your injury seems minor. Your shock and adrenaline from the accident may be masking more serious injury and symptoms. Most people are not medically qualified and should not self-diagnose. And insurers (whether workers compensation, public liability or motor vehicle) are incredibly suspicious where there is no contemporaneous medical treatment – their immediate response is often that you were either not injured in the accident or your injury was very minor! So, medical records confirming injury assessment and treatment immediately after your accident is incredibly important evidence.
It also provides a record of how the injury has affected your ability to work, which can strengthen your claim for personal injury compensation, especially if your injuries result in extended time off work.
If you reported your accident to the police (motor vehicle), employer (work) or centre management (public liability) straight after the accident, then they should have conducted investigations to establish how you were injured and who was at fault. If you did not, however, have the opportunity to report the accident or your injury at the time (for whatever reason), it is important that you gather as much evidence as you can to support any claim that you may bring and to respond to any allegation that you were at fault for the accident. Collect as much evidence as possible from the scene. This includes photos, witness names and contact details. This will enable a lawyer to conduct a more detailed investigation and evidence gathering if your compensation claim is contested.
An experienced lawyer can advise you on your legal options and protect your rights.
Remember: Don’t discuss fault or post about your incident on social media. This can jeopardise your claim.
Once you’ve taken these initial steps to address your health and document the incident, you’ll be ready to move forward with the formal claims process.
Depending on your situation, your claim may lead to a structured settlement or a lump sum payout covering future care, loss of income, and pain and suffering.
While the previous steps focused on your immediate actions after an incident, the claims process involves the legal procedures you or your compensation lawyer must comply with in order to recover compensation on your behalf. Here’s a breakdown of the key stages.
A compensation lawyer will review your case, assess its merit, and explain your legal options.
Whether you are making a motor vehicle, workers compensation or public liability compensation claim, there is legislation prescribing a claim lodgment process and required forms to be supplied in order to be compliant. A compensation lawyer is very familiar with these forms and lodgment requirements and how to identify the relevant insurers who will respond to your claim.
You or your lawyer will need to compile evidence to prove and support your claim. This will include:
Medical Records: Documenting all treatments and expenses related to your incident.
Witness Statements: Securing testimonies from people who either witnessed your accident or who can give evidence supporting your claim (such as evidence about previous relevant incidents or about the assistance you have required as a result of your injuries).
Expert Testimony: Involving specialists to provide professional opinions on the severity of your impairment, its cause, and future impact.
The overwhelming majority of claims are settled out of court/ without proceeding to trial. The motor vehicle, workers compensation and public liability claim legislation all prescribe pre-litigation settlement conferences which require the parties to meet and attempt to resolve your claim. If you engage a compensation lawyer, they will negotiate with the other party’s insurance company or representative on your behalf. A compensation lawyer has experience and expertise in this process.
If a settlement can’t be reached, your case may go to trial. Here’s what to expect:
Pre-Trial Preparation: If you have a compensation lawyer, they will meticulously prepare your case, gathering additional evidence, preparing witnesses and arranging for a barrister to present your claim for court.
Trial Proceedings: Both sides will present their arguments, evidence and witnesses in court.
Verdict: The judge will determine the outcome of your case and the amount of compensation, if any.
Once a settlement is reached or a verdict is awarded, you’ll receive compensation for your damages. This typically includes:
Economic Damages: Reimbursement for actual financial losses, such as medical bills, lost wages, and property damage.
Non-Economic Damages: Compensation for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These are damages are heavily regulated by legislation.
Important Note: The specific amount of compensation you receive will depend on various factors, including the severity of your impairment, the impact on your life, and the degree of negligence involved.
Receiving compensation is a victory, but there are additional steps to ensure a smooth financial recovery:
Managing Medical Bills and Liens: Medical bills and liens can be complex. Your lawyer can help negotiate outstanding balances and ensure you receive the maximum amount from your settlement.
Planning for the Future: If your impairments have long-term impacts, use the compensation wisely. Consider future medical needs, potential lost wages, and lifestyle adjustments. A financial advisor can be a valuable resource.
While you can navigate a compensation claim yourself, here’s why an experienced lawyer is your best bet:
Expert Guidance: Compensation law is complex. Lawyers understand the intricacies of building a strong case and maximising your compensation.
Skilled Negotiation: Lawyers are adept at negotiating settlements with insurance companies who often try to minimise payouts.
Trial Advocacy: If your case goes to court, a lawyer has the training, experience and expertise to represent you effectively and advocate for your rights in front of the judge.
Many types of incidents can be grounds for a compensation claim, including:
Medical negligence
Public liability incidents (e.g., slip and falls in public places)
Product liability (harm caused by defective products)
The amount you might receive varies depending on your situation, the state or territory where you are injured and the nature and cause of your injury.
It is recommended that you speak to an experienced personal injuries lawyer for an initial consultation in order for them to assess the viability of a claim on your behalf and to provide some guide as to the likely range of compensation that you might be able to recover should you bring a claim.
In Queensland, there is a general limitation period for personal injury claims – you typically have three years from your injury date or from your 18th birthday to protect your personal injury rights. How you can protect those personal injury rights will then be subject to legislation that applies to specific types of accident – for motor vehicle accidents, for workplace accidents or for public liability/ civil liability claims. There are particular (and tricky) preliminary claim requirements for workers compensation matters, particularly for injuries sustained over a period of time or purely psychological/ psychiatric injuries.
Due to these particularly technical hurdles to making a claim, it is recommended that you schedule a consultation with a personal injuries lawyer as soon as possible after your injury. They can explain the specific time limits and guide you through the claims process efficiently.
In Queensland, pain and suffering, also called general damages, are determined using a system called the Injury Scale Value (ISV). This system assigns a number to your impairment based on its severity, impact on your life, and medical evidence. Legal professionals use this value along with guidelines to estimate appropriate compensation for your pain and suffering.
Most compensation claims in Queensland are settled outside of court through negotiation. This is usually faster and less stressful than a trial. However, if a fair agreement can’t be reached, your case may proceed to court.
Absolutely! If you’ve been hurt due to someone else’s negligence, you may be entitled to compensation in Australia. This applies to impairments from car incidents, workplace incidents, medical mistakes, public liability situations (like slip and falls), and more. The process involves proving the other party’s fault and how their actions directly caused your impairment.
Aggravated damages are a special type of compensation awarded in some cases. They apply when the other party’s behaviour was particularly cruel or humiliating, causing additional emotional distress beyond the physical impairment itself. This is not common, but it acknowledges the extra suffering you endured due to their actions.
