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workercompensationlawyer · 6 months

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Understanding Personal Injury Claims: A Comprehensive Guide to Navigating the Legal Landscape

Suffering a personal injury can be a life-altering experience, and understanding the nuances of the legal process that follows is crucial for a fair recovery. In this blog post, we delve into the intricacies of understanding personal injury claims, providing you with a comprehensive guide to navigate the legal landscape. From the initial steps to the potential outcomes, this guide aims to empower you with the knowledge needed to make informed decisions during a challenging time.

Defining Personal Injury Claims:

Begin by explaining what constitutes a personal injury claim.

Discuss the various scenarios, such as accidents, medical malpractice, or workplace incidents, that may lead to personal injury claims.

Common Types of Personal Injuries:

Explore different types of personal injuries and their potential legal implications.

Discuss injuries resulting from car accidents, slip and falls, medical negligence, and more.

Determining Liability: The Key to a Successful Claim:

Explain the concept of liability in personal injury claims.

Discuss how establishing fault is a crucial factor in pursuing compensation.

Steps to Take Immediately After an Injury:

Provide a checklist of immediate actions to take after sustaining a personal injury.

Emphasize the importance of seeking medical attention, documenting the incident, and gathering evidence.

The Role of Insurance Companies: Navigating the Claims Process:

Demystify the involvement of insurance companies in personal injury claims.

Discuss how to communicate effectively with insurance adjusters and handle the claims process.

Seeking Medical Treatment and Documenting Injuries:

Stress the importance of seeking prompt medical attention.

Discuss how medical records and documentation of injuries play a pivotal role in the strength of a personal injury claim.

Calculating Damages: Understanding Compensation:

Explore the types of damages that may be sought in a personal injury claim.

Discuss economic and non-economic damages, including medical expenses, lost wages, and pain and suffering.

Negotiating a Settlement vs. Going to Trial:

Discuss the pros and cons of negotiating a settlement versus taking the case to trial.

Provide insights into when each option might be more appropriate.

Statute of Limitations: Understanding Legal Deadlines:

Explain the concept of the statute of limitations in personal injury claims.

Highlight the importance of adhering to legal deadlines for filing a claim.

The Importance of Legal Representation:

Discuss the role of an attorney in a personal injury claim.

Highlight the benefits of seeking legal representation, including expertise in negotiation and litigation.

Conclusion:

Understanding personal injury claims is paramount to securing fair compensation and navigating the legal journey effectively. By arming yourself with knowledge about liability, the claims process, and the importance of documentation, you empower yourself to make informed decisions. In challenging times, knowledge becomes a powerful ally, and we hope this comprehensive guide aids you on the path to a fair recovery.

#Abuse Compensation Lawyer Sydney #Malicious Prosecution Compensation #Conveyancing Lawyer Sydney #Commercial Leasing #Retail Leasing #Debt Collection Lawyer #Personal Injury Lawyer Fairfield #Personal Injury Lawyer Bonnyrigg #Personal Injury Lawyer Bossley Park #Personal Injury Lawyers Cabramatta #Personal Injury Lawyer Cabramatta West #Personal Injury Lawyer Canley Heights #Personal Injury Lawyer Canley Vale #Suing for Negligence in the Workplace #Injury Claims #Suing Employer

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dustdiseasecompensationlawyers · 6 months

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Understanding Personal Injury Claims: A Comprehensive Guide to Navigating the Legal Landscape

Defining Personal Injury Claims:

Begin by explaining what constitutes a personal injury claim.

Discuss the various scenarios, such as accidents, medical malpractice, or workplace incidents, that may lead to personal injury claims.

Common Types of Personal Injuries:

Explore different types of personal injuries and their potential legal implications.

Discuss injuries resulting from car accidents, slip and falls, medical negligence, and more.

Determining Liability: The Key to a Successful Claim:

Explain the concept of liability in personal injury claims.

Discuss how establishing fault is a crucial factor in pursuing compensation.

Steps to Take Immediately After an Injury:

Provide a checklist of immediate actions to take after sustaining a personal injury.

Emphasize the importance of seeking medical attention, documenting the incident, and gathering evidence.

The Role of Insurance Companies: Navigating the Claims Process:

Demystify the involvement of insurance companies in personal injury claims.

Discuss how to communicate effectively with insurance adjusters and handle the claims process.

Seeking Medical Treatment and Documenting Injuries:

Stress the importance of seeking prompt medical attention.

Discuss how medical records and documentation of injuries play a pivotal role in the strength of a personal injury claim.

Calculating Damages: Understanding Compensation:

Explore the types of damages that may be sought in a personal injury claim.

Discuss economic and non-economic damages, including medical expenses, lost wages, and pain and suffering.

Negotiating a Settlement vs. Going to Trial:

Discuss the pros and cons of negotiating a settlement versus taking the case to trial.

Provide insights into when each option might be more appropriate.

Statute of Limitations: Understanding Legal Deadlines:

Explain the concept of the statute of limitations in personal injury claims.

Highlight the importance of adhering to legal deadlines for filing a claim.

The Importance of Legal Representation:

Discuss the role of an attorney in a personal injury claim.

Highlight the benefits of seeking legal representation, including expertise in negotiation and litigation.

Conclusion:

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debtrecoverylawyersydney · 5 months

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Unlocking Financial Freedom: A Comprehensive Guide to How Debt Collection Lawyers Can Assist You

In the intricate dance of financial responsibilities, the looming specter of debt can cast a long shadow over your peace of mind. This is where the expertise of debt recovery lawyer Sydney becomes invaluable. In this extensive exploration, we'll unravel the myriad ways in which our dedicated team can serve as your advocates, offering practical solutions, legal acumen, and a roadmap to financial recovery.

Understanding Your Unique Financial Landscape

Before diving into the specifics of what debt collection lawyers can do for you, it's crucial to recognize the individuality of your financial situation. Each person's debt challenges are unique, shaped by a combination of income, expenses, outstanding debts, and personal circumstances. Our first step is to conduct a thorough assessment, gaining a holistic understanding of your financial landscape.

By taking the time to comprehend the nuances of your financial picture, we can tailor our strategies to address your specific needs. Whether you're grappling with credit card debt, medical bills, or a combination of financial burdens, our approach is centered on crafting solutions that align with your goals and set the stage for a sustainable financial future.

Skillful Negotiation for Favorable Outcomes

One of the primary roles of debt collection lawyers is to act as skilled negotiators on your behalf. Negotiation is an art, especially in the realm of debt resolution, where finding common ground between creditors and debtors is paramount. Our seasoned team brings a wealth of experience to the negotiating table, advocating for solutions that are fair, reasonable, and, most importantly, manageable for you.

Debt settlement is a key strategy we employ, involving negotiations with creditors to accept a reduced amount as a full and final payment. This can provide significant relief, allowing you to satisfy your debts at a fraction of the original sum owed. Additionally, we explore debt restructuring options, such as consolidating debts into a manageable payment plan, ensuring that your financial obligations align with your current capabilities.

Navigating the Legal Maze

Understanding the legal intricacies of debt collection is fundamental to protecting your rights. Debt collection laws, including the Fair Debt Collection Practices Act (FDCPA) and state-specific regulations, form the backdrop against which we operate. Our legal expertise allows us to navigate this complex terrain, ensuring that every action we take is in strict compliance with the law.

In situations where legal action has been initiated against you, our team provides a robust defense. This involves challenging the validity of the debt, scrutinizing documentation for inaccuracies, and ensuring that your rights are vigorously defended in court. Our goal is not only to resolve your existing debt situation but also to shield you from any unjust legal repercussions.

Transparent Communication for Informed Decision-Making

Effective communication is the linchpin of our approach. We understand that navigating the landscape of debt collection can be overwhelming, and we are committed to keeping you informed at every step. Our team maintains open lines of communication, ensuring that you are aware of progress, potential challenges, and available options throughout the entire process.

Transparency is key in our interactions. We strive to provide you with a clear understanding of the legal processes, negotiation outcomes, and any implications for your financial future. Addressing your concerns and answering your questions is a priority, fostering a collaborative relationship aimed at achieving the best possible outcome for you.

Empowering You for a Financially Secure Future

Beyond immediate debt resolution, our commitment extends to empowering you for a financially secure future. Our personalized solutions not only address the symptoms of debt but also focus on the root causes. We equip you with the tools and knowledge needed to make informed financial decisions, fostering a mindset of financial responsibility and resilience.

In the complex landscape of debt collection, the role of debt collection lawyers extends far beyond legal representation. We are your advocates, negotiators, and guides on the journey to financial recovery. If you find yourself entangled in the challenges of debt, know that you have a dedicated team ready to stand by your side, offering support, expertise, and a clear path toward unlocking the doors to financial freedom. Together, we can navigate the complexities of debt and pave the way for a brighter, unburdened financial future.

#Debt Recovery Lawyer Sydney #Workers Compensation Lawyers Fairfield #Abuse Compensation Lawyers #motor vehicle accident lawyers sydney

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rosenfeldlawyerchicago · 3 months

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Empowering Victims: The Role

Introduction Nursing home abuse is a troubling and often hidden problem that affects some of society's most vulnerable members. In Chicago, as in other cities, elderly residents in nursing homes can be victims of physical, emotional, financial, or sexual abuse. This issue is not only a health concern but also a legal one, and lawyers play a crucial role in addressing and preventing such abuse. Chicago lawyers are at the forefront of advocating for victims, raising public awareness, and working within the legal system to ensure justice and protection for elderly nursing home residents. Understanding Nursing Home Abuse Nursing home abuse encompasses various forms of maltreatment. Physical abuse includes actions such as hitting or restraining residents, while emotional abuse involves verbal assaults or threats. Financial exploitation involves illegally or improperly using a resident's funds or assets, and sexual abuse includes any non-consensual sexual contact. Neglect, another form of abuse, occurs when a nursing home fails to provide necessary care, leading to harm or distress. Raising Public Awareness Lawyers in Chicago also work to raise public awareness about nursing home abuse. By highlighting individual cases and broader trends, they help shed light on the issue, encouraging community vigilance and prompting families to be more proactive in monitoring the care of their loved ones. Policy and Legislative Efforts Chicago lawyers contribute to shaping policies and legislation related to nursing home care. They advocate for stronger laws and regulations that protect nursing home residents and hold abusers accountable. This includes pushing for better staffing ratios, stricter licensing requirements, and more rigorous oversight of nursing homes. Conclusion The role of Chicago lawyers in preventing nursing home abuse is vital. Through advocacy, legal representation, policy efforts, and education, they empower victims and work towards creating a safer environment for elderly residents. While challenges remain, the continued dedication of these legal professionals, in collaboration with other stakeholders, offers hope for a future where nursing home abuse is significantly reduced, if not eliminated. As society continues to grapple with this issue, the contributions of Chicago lawyers will remain an essential part of the solution. https://empoweringvictimstheroleofchi332.blogspot.com/2024/02/empowering-victims-role-of-chicago.htmlAutomatic PermalinkCustom Permalink0 / 8,000.html Chicago Personal Injury Lawyer Chicago Car Accident Lawyer https://www.rosenfeldinjurylawyers.com/ https://localbizmentions.blob.core.windows.net/chicago-personal-injury-lawyer-2/chicago-personal-injury-lawyer.html https://chicago-personal-injury-lawyer-1.us-southeast-1.linodeobjects.com/chicago-medical-malpractice-lawyer.html https://s3.us.cloud-object-storage.appdomain.cloud/chicago-personal-injury-lawyer-1/workers-compensation-lawyer-chicago.html https://s3.amazonaws.com/chicago-personal-injury-lawyer-2/truck-accident-lawyer-in-chicago.html https://s3.us-east-005.backblazeb2.com/chicago-personal-injury-lawyer-1/best-personal-injury-lawyer-in-chicago.html https://9gh30.upcloudobjects.com/chicago-personal-injury-lawyer/best-medical-malpractice-lawyer-in-chicago.html https://chicago-personal-injury-lawyer-1.s3.fr-par.scw.cloud/workers-compensation-lawyer-near-me.html https://freemusicproductioncourses456.blogspot.com/ https://taylorsbusinessspace.blogspot.com/2024/02/free-music-production-courses.html https://roofingsydneytakeonweather.blogspot.com/2024/02/roofing-sydney-take-on-weather.html https://www.tumblr.com/hispanic-advertising-miami/741406996171014144 https://www.tumblr.com/blueskytree4u/741580828119810048

#Chicago Personal Injury Lawyer

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lawyersinsydney · 2 years

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8 Factors To Consider When Choosing The Best Divorce Lawyer In Sydney

It can feel like a daunting task when you think about getting divorced. You will have to think about all sorts of things, from the legalities involved to the emotional and financial implications for you and your soon-to-be ex-spouse. It would help if you considered some of the following factors while choosing the Best Divorce Lawyer in Sydney.

1. Personal experience with similar cases. Every courtroom has its quirks and little details that only someone who has been there before will know, so your lawyer must have experience in this area of law. Best Divorce Lawyers in Sydney should also be aware of the latest regulations in your state or country and recent court decisions on related topics so that they can advise you accordingly.

2. Experience: When looking for a divorce lawyer, make sure that you ask them how long they have been practicing in this field. The level of experience often indicates how well they understand your needs as a client or how well they can handle difficult situations that may arise during the process.

3. References: It is always a good idea to talk to people who may have had experience with this individual lawyer or law firm before. You want to make sure that whoever you are hiring is someone who will take care of all your needs.

4. Availability to help with all aspects of your case or just certain parts, depending on the situation. You may have several legal issues in your life, so it is essential to ensure that the lawyer you hire can handle them all. Best Divorce Lawyers in Sydney specializing in custody cases typically focus on child custody, relocation agreements, child support, and alimony.

5. Availability of office hours and contact information for personal and business matters. A good lawyer will be available for consultations, client meetings, and even emergencies. You will want to be able to contact Best Divorce Lawyers in Sydney when you need help with a case, so the person must have an open-door policy for clients and business matters.

6. The ability to help you protect your legal rights. If you feel an injustice is being done in the system or something that has been wrongfully taken from you, They can help you with that.

7. The ability to help you effectively litigate your case and protect your rights in court.

8. If you are considering getting a divorce, you must know your legal rights and what compensation you may be entitled to. In most cases, spouses who get divorced can expect financial support from the other party. This includes money for property settlements, alimony payments, and child custody arrangements.

There are a few factors that will affect your entitlement to divorce compensation. First and foremost is whether or not you were married in good faith at the time of your separation. If either spouse was dishonest or abusive during the marriage, they might be less likely to receive financial support from the other party in a divorce settlement.

To conclude:

Divorce is a difficult time, and you must choose a lawyer with the best experience and an understanding of your needs. When selecting the Best Divorce Lawyers in Sydney, you should consider the above-listed factors.

#Best Divorce Lawyer in Sydney

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eckertlegal · 3 years

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Family Law Firms - Parramatta

It is emotionally and financially expensive for all involved to take your partner to court. Gaining a judgment by litigation is a drawn-out process in which the court charges your legal representatives more often than not to negotiate all your separation and divorce agreements.

A chat with a collaborative-first Eckertlegal family lawyer will help you with:

Comprehension of the responsible allocation of assets, superannuation, joint and individual investments, including all settlements of property, plus fair legal financial agreements

How can custody and access arrangements be delicately resolved by negotiating parenting orders by consent that prioritize the feelings, interests, and well-being of your children?

First-hand assistance in sensitively resolving the support arrangements and parental responsibilities of your dependents, including education, medical welfare, and even mixed family living.

Our goal at Eckertlegal family lawyers Parramatta is to ensure that our clients get the right counsel, to find an understanding of their concerns with family law, and our mission is to do so collaboratively. In what is a challenging and sometimes painful moment, we have a strong emphasis on your best interests and ensuring the earliest resolution.

Our Principal Counsel handles the case directly at Eckertlegal lawyers Parramatta, rather than the tradition of allocating the file to a junior prosecutor in major companies. Why pay extra for a lawyer with less expertise and skill?

We effectively offer the same service as "large" family law firms, except our hourly rate and fees being slightly lower in most cases.

Outside of the courtroom, our goal is to resolve things amicably. We have the information, resources, and skills to defend your rights robustly through the legal proceedings if a resolution can not be reached. This is to contain expenses and to secure the most desirable result.

It can be very overwhelming to distinguish. For couples with kids, the first thought is always about the effect it would have on the kids. The second thought is almost invariably to ask what the legislation means about parental arrangements and how your time with the children will be impacted by the split.

Why us?

Our family lawyer Parramatta practices family law solely and, as such, we offer cost-effective professional counsel in all fields of family law and partnership law de facto. The degree of expertise at Eckertlegal helps us to offer guidance on all family law matters, no matter what the concern might be.

You will be assured, as our customer, that the advice offered to you is accurate and realistic. To ensure we produce the best possible result for you, we understand the value of offering informed and personal guidance to each customer. You should be confident that we take the time to listen in a polite way to your wishes and complaints, showing kindness.

As our client, you will recognize that, regardless of the family law situation, you are providing advanced information, expertise, and advice, whether it is separation or divorce, land compensation, parental issues, and child care plans, de facto and same-sex partnership law, spousal custody, transfer or location, domestic abuse, writing consent orders and funding0

Where to next?

We recognize the concerns with family law may be complicated and it may be overwhelming for certain people to see a lawyer. Eckertlegal's compassion and empathy mean that consumers leave their initial appointment feeling more secure and assured that they have offered realistic guidance on the regulations and their choices for going forward. To see what our trusted consumers had to say for us, read our consumer testimonials.

For a comprehensive initial consultation, Eckertlegal family lawyers Parramatta NSW has a preferential rate and has appointments available in Sydney. Also, you can get started online with us. We're looking forward to your chat.

https://eckertlegal.com.au/services/family-law/

#family lawyers blacktown #family lawyer blacktown #family lawyer parramatta #family lawyers parramatta nsw #family court financial statement #family lawyers parramatta #parramatta lawyers #lawyers parramatta

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red-flag-news · 4 years

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In the eyes of the law, cardinal George Pell is not guilty of the sexual abuse of two choir boys in Melbourne in the 1990s. Without significant new evidence, he never will be. But the cardinal is guilty of many other sins.

To those seeking justice for the systematic abuse perpetrated by the Catholic Church, he is a symbol of the complicity of the church’s highest officers. To Australia’s conservative culture warriors, he is a key ally who must be defended, no matter how much doing so contradicts their apparent obsession with traditional sexual morality and punitive law-and-order politics.

Pell was the architect of the church’s infamous “Melbourne Response”, which spent millions more on lawyers than it did on compensation to the victims of child sex abuse. He admitted to a royal commission that the complaints laid against his close friend and serial paedophile Gerald Ridsdale were a “sad story”, but “not of much interest to me” at the time they were made. He acted as archbishop of the Sydney and Melbourne dioceses, both hives of child sexual abuse. He never reported fellow priests and consistently tried to minimise the payouts offered to their victims.

READ MORE: Pell's guilty of many terrible crimes. That's why right wingers defend him

#auspol #australia #politics #george pell #tony abbott #scott morrison #socialism #socialist #communism #communist #left wing #leftist #leftblr #leftism #anticapitalism #anti capitalism

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lastsonlost · 5 years

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A Sydney man is seeking more than half a million dollars in damages from the NSW Government for maliciously prosecuting a false rape claim made against him by his North Shore paediatrician wife.

A jury acquitted the man, who cannot be identified for legal reasons, of rape, domestic violence, assault and other charges in 2017 after Sydney District Court Judge Mark Williams issued a rare Prasad direction.

A Prasad direction allows a jury to find a defendant not guilty any time after the close of the Crown in cases where there is insufficient evidence to justify a conviction.

On legal advice, the man had pleaded guilty to two counts of domestic violence — relating to an email and damage to his then-wife’s mobile phone (after discovering explicit text messages between her and another man) but the judge dismissed those charges without recording a conviction.

The man spent 32 days in jail on remand, an “extraordinarily difficult” experience given he had no criminal record and one that continues to haunt him to this day.

“I was never far from ending it all after my release from prison,” he told news.com.au yesterday. “The actions of police were so deliberate and savage that it made me doubt everything.”

The judge slammed the case against the man as “most unsatisfactory” and said prosecutors had failed to take into account “cogent and consistent objective evidence” that backed up the man’s claim that the sexual encounter at the heart of the rape charge was in fact consensual.

Defence lawyer Greg Walsh told the court the man and his legal team took photographic evidence that corroborated his story and discredited hers to the police, but it was ignored. “Was it ideological, was it wilful blindness? I don’t know,” Mr Walsh said. “All the evidence pointed to the fact that this was an innocent man who should not have been charged.”

“I REALLY NEED A PIC OF THAT P***Y PLEASE”

The couple’s marriage had been on the rocks for several months prior to the wife taking her fake rape, assault and domestic violence claims to police because of her long-term abuse of prescription pills.

During the man's 10-day trial, the court heard evidence his former wife was addicted to the opiate painkiller Tramadol and wrote scripts for herself in her husband’s name — a practice that continued for several years.

“She was self-prescribing for five years using my name so she could get Tramadol,” the man told news.com.au.

“Her fear of being reported when the marriage broke down was the genesis of the fake rape claims.”

The couple’s relationship took another knock on May 4, 2015 after the man discovered a series of sexually explicit text messages between her and a man in London.

“I really need a pic of that p***y please,” one of the messages to his wife read.

The pair got into a heated argument before the man threw the wife’s mobile phone out the front door of their Sydney home, smashing the screen. The damage to the device was the subject of one of the domestic violence counts.

The second count of domestic violence related to a sarcastic email the man sent to his wife, featuring an explicit photograph she had previously sent to him, in which he suggested it was the type of image the man in London had requested.

Prosecutors argued the email was an example of “revenge porn” but the judge dismissed both counts, noting the man had been forced to defend himself at trial at considerable expense against serious charges that should not have been brought against him.

“Cops worked on this case for two years,” the man told news.com.au.

“Judges, courts and jurors were used. It probably cost the tax payers over a million dollars in man hours alone. What a huge waste of time and money.”

The woman moved out shortly after. She told police that when she returned to the marital home six weeks later on June 15, 2015 to visit their dogs, her former husband raped her three times.

In her statement to police, obtained by news.com.au, the doctor alleged she was raped shortly after walking through the front door.

“The dogs came running toward me and (the husband) invited me in to see them,” she told police.

She alleged her former husband then “kissed her very forcefully” before shoving his hand down her skirt “to the point where it hurt me”.

She said he led her into the living room before pushing her up against a wall and having sex with her from behind.

“I tried to push him away with my hand,” she said in her statement. “He then forcefully had sexual intercourse with me so hard that my forehead was hitting the wall. I tried to turn around so I could see what he would do next. I didn’t want to be facing away from him. He was smiling.”

She claimed she was raped another two times shortly afterwards. But it was all an elaborate lie and the defence proved it by tendering photographic evidence from a security camera in the home which showed the sex to be consensual.

“I had installed cameras in the house a day earlier but she didn’t know that when she went to police,” the man told news.com.au.

A text message exchange between the pair the following night in which she wished her husband a “safe flight” hours before he flew to Europe on a work trip was produced in court.

Four days after he left the country, the former wife walked into Gordon Police Station on Sydney’s North Shore and made claims of rape, assault and domestic violence that would ultimately be dismissed by a judge.

When he returned, police were waiting for him at Sydney Airport, arresting him in a dramatic swoop in full view of fellow travellers.

WRONGFUL ARREST AND FALSE IMPRISONMENT

The basis of the man’s legal claim is that police and the DPP went ahead with the charges against him despite having been alerted to evidence that proved the so-called victim was lying.

That included video footage of the sexual encounters on June 15, 2015 which proved they were consensual.

In issuing a Prasad direction and dismissing proceedings against the man, Judge Williams acknowledged the case should never have gone to trial.

The man’s statement of claim, obtained by news.com.au, lists the defendants as the State of NSW (Commissioner of Police), the NSW Director of Public Prosecutions and his ex-wife, who remains employed as a paediatrician at a Sydney hospital.

The man told news.com.au that his legal team have yet to put a final figure on the compensation he will be seeking but estimated it would be in excess of $500,000.

That included an estimated $200,000 in lost income, $110,000 in legal fees plus damages stemming from his horror month in jail.

While Judge Williams awarded the man court costs following his acquittal, he was only able to recoup just over half of his mammoth $270,000 legal bill.

“They accepted $260,000 of that and then they applied the government cap which meant I received $160,000, leaving a $110,000 shortfall,” the man told news.com.au.

The statement of claim describes the man’s dramatic arrest at Sydney Airport on August 20, 2015, which saw police seize his laptop, iPod and hard drive.

“The Plaintiff was refused bail at Mascot Police Station (and) remained in custody for thirty two days until he was granted conditional bail,” the document states.

Under his bail conditions, he was required to surrender his passport and report daily to police, making it impossible to travel overseas for work commitments, resulting in a significant loss of income.

“The arrest and imprisonment of the Plaintiff was wrongful, whereupon the Plaintiff has suffered loss and damages and is entitled to damages, aggravated damages and exemplary damages,” the document states.

“The arrest and imprisonment of the Plaintiff caused him severe mental anguish and distress.”

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parker-simmonds-solicitors · 5 years

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HEADLINE GRABBING WORKPLACE SAFETY MOVE SLAMMED

A push by Unions to have national uniform laws to hold company directors criminally liable for “deliberate or negligent breaches of safety” that lead to the deaths of employees has been slammed by a prominent Gold Coast compensation law expert.

Bruce Simmonds says the idea is a good media headline grabber but impractical in the real world.

“We are still waiting for the Federal minister to be sent to jail over the Government’s botched Home Insulation Programme, where four workers died between 2009 and 2010 due to the failure to identify and manage the workplace health and safety risks associated with the programme. That’s not going to happen.

“So a national survey by the Australian Council of Trade Unions which claims .one in five people know someone killed at work is not a practical way to approach improving workplace safety,”

Mr Simmonds, Litigation Director with Gold Coast law firm Parker Simmonds Solicitors & Lawyers, says the union’s survey found about half of the respondents reported being exposed to a traumatic event, abuse, threatening behaviour or assaults in the workplace, while 4 in 5 said they had experienced some form of injury or illness as a result of their job.

Unions are now calling for the introduction of nationally uniform laws to hold company directors criminally liable for “deliberate or negligent breaches of safety” that lead to the deaths of employees.

But Mr Simmonds says that’s not the solution.

“Fines and licence suspension are the best way to monitor ratbag developers and builders” he says.

“A strong universal WorkCover scheme and insurance is the back bone of our successful Queensland System.

“If unions are pushing for the adoption of another state’s system – and they’re going broke- it would not make sense to trade a successful Queensland system for a broke alternative.

“The Sydney lawyers and Union executives should review successful systems before putting up emotive and unsubstantiated proposals as press grabs,” he says.

Unions say so far this year 77 people have died at work and negligent employers at worst only face a fine. They want employers who deliberately flout safety issues leading to a worker’s death to face prison for it.

But Mr Simmonds, who has run many workplace injury compensation claims for Gold Coasters says it’s not as simple as this and measures to better protect worker safety should be more than just finger-pointing and locking the boss up.

“The current system of fines is just part of the measures that apply to workplace safety. Businesses that flout workplace safety laws can be heavily penalised and shut down.

“Putting a dodgy boss in jail is a great media grab but it’s not a practical solution to workplace safety,” he says.

#lawfirm lawyer

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ssinghsidhuadvocate-blog · 5 years

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Why Are So Many Black Ladies Single, Half 1

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allaroundmelbourne · 6 years

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'It's my last option of getting any justice': redress scheme starts for child abuse victims

Updated July 01, 2018 12:53:59

Photo: Doug Goulter is seeking the maximum payment possible from the redress scheme. (ABC News: Cheryl Hall) Doug Goulter has always hated shaking hands. Years of sexual abuse when he was in a Melbourne boy's home, and then Sydney's Long Bay jail at just 17, means he still shrinks from physical contact. "Intimacy and stuff like that is out of the question because it reveals too much about yourself," he says. "Even with the people you love you can't be too intimate, and you can't even talk to them about it because they don't want to feel your pain. "They can't understand it, because if you haven't been in the institutions you can't understand it." Mr Goulter is now 69 years old. He will be one of the first people to apply for compensation through the National Redress Scheme for survivors of child sexual abuse, which starts today. But he is angry that he is likely to receive an average payout of $76,000. "There is no other option for me. Civil action would be the best way to go but I don't have the time. My life expectancy is so short now that to take civil action would just take too long," he says. Mr Goulter has Ischaemic cardiomyopathy with heart failure, and he says he may have only a few years to live. "I need an outcome from the redress and I need it as soon as possible," he says. "It's my last option of getting any justice or any sort of compensation to make life a bit easier. I can leave the heater on, or I can fill the car up with petrol with more than $10 at a time." 'It affects your whole life for the rest of your life' Mr Goulter was sent to the Salvation Army's Bayswater Boys' Home in Melbourne's east from 1965 to 1968 where he was sexually abused multiple times by one of the Salvation Army's staff.

Photo: Mr Goulter ran away from Bayswater Boys' Home three times. (ABC News) A psychologist's report in 1966 described his "mistrust" and "suspicious attitude towards society". It said "the lad increasingly tends to withdraw from social contacts, which are perceived by him as dangerous and harmful." He ran away three times. "It just led from one escape to another and the police every time I got recaptured, they just want to send me back to the same situation," he says. "They'd never ask, you could never tell them, why the reasons are you're escaping. "All you could do was commit more crime. You had no money, no clothes, nothing to eat or drink. What else were you going to do?" At 17 years old, Mr Goulter was sentenced to two' years imprisonment in Sydney's Long Bay jail.

Photo: Dan Tehan said the average payout from the redress scheme would be $76,000. (AAP: Mick Tsikas) "'We can't control you. You're a menace to society'. That's what the three judges said to me in Sydney central court," he says. "What do you think happens to a young boy when you're the smallest and most vulnerable? "Do you want to know about the rapes in an adult prison in Long Bay when they force you to go from one cell to another without the screws knowing? "It affects your whole life for the rest of your life. It doesn't go away. It never goes away. You never really forget it. It's part of everything you do, but you don't realise it half the time." Doubts over whether redress scheme is best for survivors More than 90 per cent of the estimated 60,000 survivors of child sexual abuse can now apply for redress. The maximum award has been capped at $150,000. Minister for Social Services, Dan Tehan, says it is a momentous occasion for those who have been seeking compensation for years.

Photo: Doug Goulter says his life expectancy is too short to pursue a larger payout through civil action. (ABC News: Cheryl Hall) "Redress provides an easier mechanism to get monetary compensation, to get an apology and importantly to get counselling," he says. "The average payout will be $76,000. That's our best estimate." But Melbourne lawyer Vivian Waller says the redress scheme should be a last resort. "Potentially they could have a common law claim worth hundreds of thousands of dollars and they need to be informed about the viability of any common law claim before applying for redress," she says. "Because in order to receive any payment from the redress scheme they'll have to sign away all their rights to sue." Ms Waller has represented hundreds of abuse victims and said in two recent cases the Supreme Court of Victoria awarded just over a million dollars in one case, and nearly $700,000 in another. "The redress scheme doesn't make any accommodation for medical expenses beyond $5000 of counselling, it doesn't provide compensation for loss of wages, or the impact on a person's education or career. All of these things can be accommodated in a common law claim." It is an option Mr Goulter does not believe he has. He will apply for compensation under the national redress scheme by filling out a 43-page application form. But he is worried he will end up with only the average redress payment of $76,000, He will not accept it. "How do you define average? My life wasn't average. I want the maximum of whatever they have to offer. And if I can't speak to someone how do I ask for that?" Topics:community-and-society,child-abuse,government-and-politics,federal-government,states-and-territories,law-crime-and-justice,courts-and-trials,melbourne-3000,vic,australia First posted July 01, 2018 07:46:07 http://www.abc.net.au/news/2018-07-01/national-redress-scheme-starts-for-child-sex-abuse-survivors/9927730

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