Personal Injury Case Studies
Listed below, are case examples of various forms of Personal injury.
Motor Vehicle Accident
TRAGIC accident caused by SLEEPING DRIVER - Settlement : $1,800,000.
The wife and child, of a Western Australian man who was killed whilst driving a ditch digger along the side of a rural highway, have been awarded Damages in an out of court settlement.
The man's vehicle was rear-ended by an 18-wheeler truck and trailer rig, whose driver had fallen asleep at the wheel.
A wrongful death claim was brought against the truck driver and the trucking company for negligence and gross negligence in allowing the truck driver to drive more than the maximum number of hours permitted by law.
The case settled before trial for $1.8 million.
Medical Negligence
AUSSIE Implant Win - Settlement : $38 million.
A 10-YEAR fight for compensation ended yesterday for more than 3000 Australian women who had silicone breast implants made by US company Dow Corning.
Lawyers announced that the women, many of whom have had their health destroyed by ruptured and leaking implants, will share in a $38 million compensation fund.
Payouts to individuals will range from $2000 to $50,000.
Women will make claims for compensation to a trustee of the fund based on the extent of their health problems.
It is believed the compensation is the world's biggest single group payout to women seeking compensation from Dow Corning.
Dust Disease - Asbestos
LANDMARK CASE awards South Australian woman $800,000.
The woman from Penola was awarded the payout by the Dust Diseases Tribunal after a home building products company admitted liability.
She is dying of Mesothelioma after installing asbestos sheeting in the bathroom of her home almost 23 years ago.
The woman's Lawyer said the payout included $175,000 for pain and suffering, the largest of its type for a victim of Mesothelioma.
The Lawyer stated that the payout was also expected to be, the first of many to Australians who are dying from asbestos-related disease caused by exposure to the deadly fibre in their homes, rather than exposure to asbestos at work.
"Any person with a serious asbestos-related disease caused by exposure to fibro at home, can now expect to receive substantial damages awards," the Lawyer said.
Workers Compensation
INJURIES TO WORKER from ELECTRIC SHOCK - Settlement : $100,000.
An electrical technician, whilst working on fallen overhead lines in Brisbane on 11th July 1996, suffered severe burns and internal injuries, as a result of the cherry picker he stood in, coming in contact with 'live' wires.
It was revealed to the court by expert witness testimony, that the cherry picker, although having only been brand new, was not correctly insulated or fitted with the appropriate safety devices applicable to that area of use.
A claim was lodged against the employer for Workers compensation, and the manufacturer and supplier/retailer of the cherry picker for product defect and liability.
Due to the nature of the man's injuries, after the required statutory period, he was awarded $100,000 by the Compensation board.
The product liability case is also expected to finalise in the near future.
Workplace Discrimination
Workplace Bullying - Settlement : $342,989.
The ACT Supreme Court, in Australia, has ordered British Aerospace to pay $342,989 to former technician, Stig Haken Hellsing, who contracted a major depressive illness, in part through having to work under a drunken night-shift supervisor for several years during the early 1990's. The management of the Tidbinbilla deep space tracking station were aware of the situation but did nothing.
The payout might have been much higher, and possibly greater than $900,000, if the court's Master, Terry Connolly, had accepted in full Mr Hellsing's claims, particularly that he was now permanently unfit for work.
Mr Hellsing gave up work in 1995, suffering the effects of stress, after he had been forced to move to a day shift, at a much reduced salary, in order to avoid his earlier request for a redundancy package. He had originally applied for a redundancy package before Ryan had left. It was after Ryan's departure that Mr Hellsing asked that it be withdrawn.
Mr Connolly said British Aerospace had admitted liability for Mr Hellsing's condition and was not contesting his evidence.
Diving Accident
SERIOUS INJURY from Diving Accident : Settlement -$700,000.
A Gold Coast solicitor has won more than $700,000 in damages for a young English tourist whose arm had to be amputated after a boating accident on the Great Barrier Reef.
The solicitor, a Personal Injury Specialist, achieved the out-of-court settlement on behalf of his 21 year old client from Norfolk, after he suffered severe injuries to his left forearm when hit by a safety tender, as he snorkelled off Keppel Island, near Rockhampton.
The Skipper of the boat did not see the man as he travelled to assist another swimmer who was suffering cramp.
The man's arm became caught between the tender's outboard motor propellor and the metal guard which protecets the coral reef.
Despite desperate efforts to stabilise his injuries, the man's left arm had to be amputated below the elbow.
Some time after the accident, the injured man called for propellor guards to be compulsory on all dive boats.
In February this year, the Qld Government introduced a dive industry code of practice, requiring 'adequate and appropriate guarding' be fitted to all diving vessels.
Sexual Harassment
HARASSMENT and DISCRIMINATION - Mass Claim - $18million
ALMOST 50 former Brisbane private school students yesterday launched civil actions seeking more than $18 million in damages over alleged sexual abuse.
The students claim they were subjected to horrific sex attacks during sessions with counsellor Kevin Lynch at Brisbane Grammar School and St Paul's at Bald Hills.
The abuse is alleged to span more than 20 years and includes claims some of the boys were tortured with needles and others were forced to perform sex acts at school and at the counsellor's home.
The former students - 34 from Brisbane Grammar and 12 from St Paul's - have claimed $13.5 million and $4.53 million respectively in damages.
The claimants include three police officers, four teachers, public servants, a soldier and a fireman. They allege incidents involving Lynch were reported to teachers and other students, including prefects, at the schools.
Law firm Shine Roche McGowan, which is representing all of the former students, lodged the claims in Brisbane's Supreme Court yesterday.
Product Liability
INJURIES from RENTAL CAR FIRE - Settlement : $322,300.
An Adelaide couple rented a Campervan for their 2 week annual camping trip to the N.T.
On the first day travelling, the van suddenly exploded into flames without warning, resulting in burn injuries to both occupants. A lawsuit was filed against the manufacturer, owner, and lessor of the vehicle.
The claim was settled prior to court proceedings commencement.
Psychological Injuries - An Overview
THE HIDDEN PAIN of TRAUMA.
Injuries of this type can occur at any time, and in any situation.
Whether it's a teller in a bank hold-up or as witness to a major traffic accident, maybe an employee subjected to continual harassment and/or victimisation in the workplace, or someone else's experience of another human disaster, the result is almost always the same, some form of personal trauma for the innocent people involved.
Quite often, these hidden injuries, such as Depression, Anxiety and/or Post Traumatic Stress Disorder (PTSD), may just remain that way (hidden), for a very long period of time before they are detected, diagnosed or even remotely visible to others.
For people who experience these severely debilitating conditions, constant feelings of isolation, segregation and desperation can fill almost every minute of their day.
It is therefore extremely vital, that anyone who has experienced or is experiencing any of the above situations or similar, should seek both legal and medical advices for their own circumstances, as soon as possible.
Psychological injuries, in a lot of cases, are regarded as potentially more serious than many physical injuries, due to their severity and permanence, and particularly so if the correct specialist treatment is not administered.
People involved in car accidents often suffer some form of emotional injury also. Some statistics indicating that up to 30 per cent develop a mild form of trauma, with a definite proportion also contracting PTSD.
But the law can go a long way to easing the effects of such resultant injury.
People affected by a traumatic event are often entitled to compensation, where negligence on the part of another party associated with the trauma can be proven.
This is where the expertise and contact with a Personal Injury Lawyer is imperative. They can provide understanding, support, advice and if necessary, representation in the process of your claim.
NB: Due to recent changes in Government legislation relevant to advertising services provided by Queensland & New South Wales law firms, this website and all of the information contained within it, is provided for assistance to residents and/or injury claimants across Australia (excluding Queensland & NSW). We sincerely apologise for any inconvenience caused by these changes.