Catastrophic Injury Claims

Carter Capner Law handles all types of claims for injury, death and financial loss for you and your family relating to injuries caused in all situations. In addition to motor accidents, road accidents, work accidents, public liability, aircraft, bus & train accidents, we deal with:

   Machinery Injury
   Spinal Injury
   Brain Injury
   Loss of Consortium
   Death Claims (fatal injuires)
   Defective Products
   Nervous Shock
   Roadways, Footpaths and Parks
   Domestic Premises
   Rental Properties
   Tradespersons and Service Providers
   School Injuries
   Public Areas
   Hotels and Entertainment Venues

 

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SPINAL INJURY

we handle compensation for pain, and financial loss and living modifications from all types of serious spinal injury caused by trauma – Disc injury, spinal cord injury, cauda equina, spinal fractures andsoft tissue injury.

Spinal injuries resulting from motor accidents, workplace, transport accidents, machinery, aircraft bus and train accidents and recreational events are in many cases the subject of substantial compensation.

We offer a full injury accident compensation advice and claim service for anyone who is affected by is affected or financially disabled by spinal injury that.

Our services include no win no charge representation in most cases associated with serious injury, death, financial loss, pain and suffering, or loss of consortium for family members.

We have expertise in negotiating out-of-court settlements for all accidents involving spinal injury where income has been lost or your income earning potential is affected.

Time limits apply.

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BRAIN INJURY

we handle compensation for pain, and financial loss and living modifications from all types of serious acquired brain injury caused by trauma – Diffuse brain injury, neurocognative injury, frontal lobe injuries and non specific brain injuries. Some brain injuries are unable to be imaged by MRI but can be as profound as other trauma induced brain conditions. Brain injuries that can only be diagnosed by neuropsychology are often able to be compensated.

Brain injuries resulting from motor accidents, workplace, transport accidents, machinery, aircraft bus and train accidents and recreational events are usually the subject of substantial compensation.

We offer a full injury accident compensation advice and claim service for anyone who is affected by pain and suffering or is financially disabled by injury that involves an accident or death.

Our services include no win no charge representation in most cases associated with serious injury, death, financial loss, pain and suffering, or loss of consortium for family members.

We have expertise in negotiating out-of-court settlements for all accidents involving brain injury where income has been lost or your income earning potential is affected.
Time limits apply.

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LOSS OF CONSORTIUM

You have a separate right to claim damages for loss of consortium arising out of the accident in which your spouse sustained the injuries as a result of another’s negligence, breach of contract or breach of statutory duty.

The claim is for the deprivation of your spouse’s consortium and services whilst your spouse was suffering disability from the injury sustained in the accident. Consortium is the association between a husband and wife which includes companionship, love, affection, comfort, mutual services and sexual intercourse.

The areas in respect of which damages are awarded include the following:

  • Loss of companionship. This might include being unable to enjoy family outings with your spouse; being unable to attend social functions and generally losing the companionship which you enjoyed with your spouse before the accident;
  • Loss of love, affection and comfort. This might include the effect which the injuries had upon your relationship with your spouse i.e. increased stresses, anxiety, breakdowns in communication etc;
  • Loss of mutual services and sexual intercourse;
  • Domestic services provided by you to your spouse as a result of any incapacity occasioned by the accident. Where however a claim for your domestic care has been included in your spouse’s claim you cannot recover for the care twice.

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DEATH CLAIMS (FATAL INJURIES)

Where an individual dies as a result of the negligence of another or in a commercial aircraft accident and that individual had family dependent upon him for support, those family members can make a claim for damages for the value of the dependency of which they have been deprived.

The Personal Injuries Proceeding Act may apply except in international situations.

See also: Public liability.

The areas in respect of which damages are awarded are the financial loss suffered as a result of the death and any medical, hospital and similar expenses incurred, even if not paid, before the death.

“Family members” include defacto spouses who were living with the deceased as husband or wife for at least one year immediately prior to the spouse”s death. A child of that relationship living with the deceased is also included.

If a family member witnessed the accident or was involved in the aftermath and they develop a psychiatric injury, that person may also have a separate claim:

See: Nervous shock.

Some of the issues taken into account to assess dependency (financial) damages are as follows:

  • The deceased’s earnings as at the date of death.
  • Level of dependency pertaining to claimant which will be different for example as between infants on the one hand, adult children and spouses on the other.
  • Period of dependency which depends on the age of children or life expectancy of surviving spouses.
  • Issues such as remarriage, the ages and needs of the surviving spouse and children are relevant to this.

The estate of the deceased also has a claim for estate and funeral expenses, the cost of ambulance, medical and hospital treatment undergone between the time of the accident and the time of death can also be recovered.

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STRICT LIABILITY

Strict liability applies in respect of injuries or damage to private property caused by defective goods supplied by a corporation ie a company. A supplier (importer, manufacturer and sometimes retailer) is liable to anyone who suffers injury regardless of whether they own the goods. Damage to commercial property and loss of profits is excluded.

Goods are defective if they do not provide the level of safety which the community is generally entitled to expect. The appropriate level of safety varies depending on the nature of the product, warnings given, manner of marketing and their packaging. Liability applies without proof of negligence ie it is strict. There are some defences available to manufacturers, including where the defect arises after manufacture or if the goods are “state of the art”.

The claim for injury must be commenced within three (3) years of you becoming aware (or from when you ought reasonably to have become aware) of:

  • The injury
  • The defect
  • The identity of the manufacturer.

There is a further time limit of ten (10) years from the date of “supply” of the goods by the manufacturer within which the claim must be begun.

If a manufacturer is unknown there are procedures to compel the seller to identify it and failure to do so will lead to the seller thereof being deemed to be the manufacturer.

Workers can not claim on this basis when injured by faulty equipment. They have been excluded from the benefit of “strict liability” if they have an entitlement to workers’ compensation. Workers can take advantage of the other implied warranties of fitness for purpose and merchantable quality in bringing claims against suppliers of faulty equipment and can also proceed in negligence.

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NERVOUS SHOCK

These claims may be the subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002.

See also: Public liability.

Australian law and that of many common law jurisdictions, permits a claim by a bystander or other persons closely connected (by physical location or by family relationships) to persons killed or maimed, to bring a claim for psychiatric injury caused witnessing the accident or its aftermath. The quaint legal term for this type of injury is “nervous shock”. A recognised psychiatric injury caused by witnessing of the tragedy or its aftermath must be proved. Compensation is not allowable for “mere” grief or sorrow.

If the family member is so affected that his or her income earning capacity is effected, the claim can include loss of past wages and loss of future income earning capacity.

Medical and out-of-pocket expenses are also recoverable.

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