Category Archives for Case Studies
1 Injury Almost Everyone Forgets To Claim For
The mental consequences following accidents is often overlooked in compensation cases. It’s rarely spoken about. Rarely reported in case studies. And rarely claimed for. But mental harm from an accident is so common. It can manifest itself in growing anxiety Psychological injury (or mental harm) is reported in 30 percent of accidents involving motor vehicles. In 2016, there were 6,888 claims […]
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Rear-end collision – Why you might not be at-fault
Return to MCW Lawyers website → <img class=”tve_image wp-image-42839″ alt=”” data-id=”42839″ width=”215″ height=”62″ title=”MCW Legal SBS Logo Normal” src=”https://mcwlegal.com.au/wp-content/uploads/2020/06/MCW-Legal-SBS-Logo-Normal.png?x33085&x33085&x33085&x33085″ data-css=”tve-u-1727d3d01c6″ style=”” data-width=”215″ data-height=”62″ data-init-width=”480″ data-init-height=”137″ loading=”lazy”> Claim Resource Centre Free Step-By-Step Plan FAQs Free Resources Claimant Stories Contact 15-Second Claim Check We’ve all heard the story go if you rear-end someone then it’s your fault.So […]
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What to do when an insurer says you are ‘faking’ your injuries.
We see low ball tactics from insurer’s every day. One such tactic is suggesting that plaintiffs are exaggerating their injuries and that they are fit to return to their old job and do the same duties.“…there’s absolutely nothing wrong with them.” In this case (Foster v Carter & Anor [2017]), we find out how Karen overcame […]
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Should compensation be reduced for not wearing a seatbelt?
It’s a requirement of law, but does wearing a seatbelt impact the amount of compensation given by the Courts? As we discover in Nyholt v Nominal Defendant [2008] QSC 273, the answer isn’t that straightforward.Steven’s Story.Let me introduce you to Steven Nyholt.Steven was a young guy who worked as a newspaper delivery driver. Each work evening, Steven […]
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Should your compensation be reduced if you get in a car with a drunk, even if you did not know?
Charles’ Story. Let me introduce you to Charles Pallier. Charles was a 16-year-old boy, living in regional Tamworth, NSW. He was your typical Australian boy. He loved rugby, hanging out with his mates and was looking forward to finishing school.Charles was hoping to join the Armed Forces. cloud Charles’ DreamI am hoping I might be able to join […]
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How one man dodged an insurer’s low ball tactics and doubled his compensation
Introduction Facing insurance companies can be a tough and confronting thing. Sadly, we often hear stories of injured people accepting a low ball offer from an insurer to get the ordeal over with. As we discover in this case (Gary John McLean v Nominal Defendant [2012] QDC73), it pays to not settle early. After all, you wouldn’t […]
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Coles to pay $300,000 to woman after supermarket slip
IntroductionIn all of our articles, we are constantly reminding our readers that evidence is king in court. Such evidence can come in the form of diaries, photographs or even better, videos. CCTV footage is now a common form of evidence at trial and can allow judges to be taken right back to the scene of […]
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Lady receives $650,000 after falling at someone’s house causing a severe arm injury
Introduction Slips, trips and falls are common accidents around the house. As we will uncover in this case (Chandler v Silwood [2016] QSC 90), a slip on a private property can result in a considerable payout. Kayleen’s Story. Let me introduce you to Kayleen. Kayleen* Chandler was a young mother of two beautiful daughters. Her second child had been […]
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Man trips grabbing fish and chips and gets $360k
IntroductionFrom a very early age, we are all told, “watch where you are going” by family, teachers, people we know and trust. But mistakes happen and sometimes we simply cannot avoid hazard in our path. Take, for example, hazards at night. We have pretty poor night vision and rely heavily on artificial light to illuminate our […]
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Motorbike rider awarded $212,000 after colliding with horse
IntroductionAccidents happen on the road every day. Accidents between motorbikes and horses are less common, however, that is precisely what happened in this interesting case (Lawes v Nominal Defendant [2007] QCA 367). In this story, we discover that accidents that, at first glance, don’t involve a motor vehicle are still valid in the eyes of […]
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