Have You Been Seriously Injured In A Personal Injury Accident In NSW Or Vic?

Any injury that has happened because another party has breached their duty of care towards you may attract compensation.

Some common examples include:

• Slips and trips on public or private property;

• Accidents on unsafe premises such as steps, paths or balconies;

• Dog or animal attacks;

• Criminal assaults;

• Sexual assaults or sexual abuse;

• Defective products or services; and

• Recreational, sporting and adventure activities.

A duty of care is a legal duty to take reasonable care not to cause harm to another person that could be reasonably foreseen.  A person can only sue for injury or damage if someone breached a duty of care they owed to the injured person.

A duty of care is breached when:

• a person is injured because of the action or lack of action of another person; 

and

• it was reasonably foreseeable that such action (or lack thereof) would result in a risk of injury to the injured person; and

• the action (or lack of action) causing the injury was unreasonable; and

• the risk of injury occurring was not insignificant.

Trips, slips and falls can happen at any time and often no-one is to blame.  In general, people have a responsibility to take precautions for their own safety. However, accidents occur because of someone else’s carelessness.

Some common examples of accidents that may be compensable if they result in injury are:

• Slipping on spilt drinks or chips on the floor of a shopping centre;

• Tripping on uneven or cracked tiles or pavers in public places; and

• Falling down stairs that are wet, slippery, poorly designed or badly lit.

While no building can be made completely safe at all times, owners and occupiers have an obligation to take reasonable care to maintain and repair premises so as to avoid injury or damage to those who use the premises.

Commonly such accidents occur on public footpaths or in public places such as supermarkets and shopping centres.  However, trips and falls can also occur on private property. The person responsible for the premises will usually be insured to cover personal injury claims.

In order to be successful in a personal injury claim following a trip, slip or fall, you need to prove that the person responsible for the area has breached their duty of care.  

Compensation:

When a duty of care is owed to a person, and it is breached resulting in injury or damage, the injured person can sue the person who breached the duty of care for:

• Compensation (called general damages) for pain and suffering and loss of enjoyment of life;

• Loss of earnings;

• Loss of future earnings;

• Loss of superannuation entitlements;

• Past and future medical and care expenses

• The past and future costs of voluntary care provided by family or friends.

The compensation process is complicated. Our solicitors will take care of the entire process for you, even covering many of the costs.

In pursuing your matter, we will do the following:

• Take detailed statements needed for evidence;

• Obtain expert evidence on medical, building and engineering issues;

• Obtain copies of relevant records and medical files;

• Brief Barristers with experience and expertise in the relevant area of law; and

• Cover the cost of expenses incurred in running your matter

Some success stories

While the overwhelming majority of our matters settle on confidential terms before or during hearing, in some cases it is not possible to come to a negotiated outcome. 

The following is a sample of published judicial decisions in matters that Denniston and Day Lawyers have won for our clients over the years.

State of New South Wales v Napier [2002] – NSW Court of Appeal

• The State of New South Wales was found to have breached its duty of care to a civilian contractor supervising inmates in a prison workshop.

Francis v Ann-Catreen Lewis [2003] - NSW Court of Appeal

• The plaintiff suffered serious injuries after slipping on a metal staircase.

Muggleton v Coles Myer Ltd [2007] – District Court of NSW

• The plaintiff suffered injury after slipping on a grape in a supermarket.

Walker v Howard [2009] – NSW Court of Appeal

• Application to commence proceedings out of time for a plaintiff who suffered serious permanent brain injuries in a motor vehicle accident.

Hodgson v Sydney Water Corporation [2016] – District Court of NSW

• The plaintiff suffered significant injuries after slipping in a stormwater drain.

Dale Erwin-Jones v Latitude Underwriting Pty Ltd [2016] – District Court of NSW

• The plaintiff suffered significant injuries after slipping on water dripping from umbrellas in a restaurant.

We have over 35 years of experience in obtaining compensation for injured car accident victims. If you have been injured in a car accident, we can assist you and them in dealing with the insurance companies, the claims process and the final outcome.

Motor vehicle accident claims aren't just for drivers and passengers of cars. You may be able to make an injury compensation claim if you are:

• A driver or passenger injured in a motor vehicle accident even if the offending vehicle was unidentified or unregistered;

• Claiming for a child injured in a road or transport accident;

• A pedestrian or cyclist injured by a vehicle;

• A passenger injured on public transport;

• A road user injured when trying to avoid a car accident;

• Single vehicle accidents;

• A family member who has suffered psychological trauma

The amount of compensation payable will depend on the severity of the injuries, the impact the injuries have on the injured person’s life, loss of income, a need for domestic and personal assistance and medical treatment expenses.

Compensation claims can be complex and insurers can often be difficult to deal with.  We can assist you with the claims process and the compensation/damages to which you are likely to be entitled.

Compensation may be available even if the injured person was largely at fault.

We act for injured persons on a “no win, no fee” basis.

If a claim is successful, the insurance company has to pay a large party of the legal costs.

Professional negligence describes the failure of a professional to act with reasonable care and skill when working with a client. If the standard of service a professional has provided to you is below what they ought reasonably to have done, they may have acted in breach of their duty of care. You may be entitled to compensation if you have lost money or suffered financial harm as a result of that breach. Professional negligence claims can be brought against professionals who have skills in a specialised trade and services such as financial advisors, accountants, tax advisors, lawyers, surveyors or brokers.

We can advise clients who have suffered losses as a result of:

• Bad or incorrect financial planning advice

• Recommendations relating to bad investments or product investment advice

• Incorrect or negligent legal advice

• Engineering mistakes

• Poor accounting, tax or auditing advice

• Incorrect insurance or loan brokering advice

You may be entitled to compensation if you can show a professional failed to exercise reasonable care and skill in the provision of their professional services, in breach of their obligations to you.

Common types of professional negligence claims

Claims against financial advisors and financial institutions

Claims against financial advisors and financial services providers can arise when:

• Your advisor makes recommendations which are not in your best interests

• Your financial advisor recommends you invest in products which are too risky for you

• Your financial advisor makes recommendations which do not meet your stated objectives

• Your financial advisor fails to properly implement their recommendations

• Your financial advisor otherwise acts carelessly and you suffer losses as a result.

Claims against accountants

Accountant negligence claims can arise in a variety of circumstances including the following:

• Providing incorrect taxation advice

• Failing to lodge Business Activity Statements (BAS) and tax returns

• Prepares financial statements that contains errors

• Failure to properly advise on taxation consequences of a financial transaction

• Conducting substandard audits

Claims against lawyers

Situations giving rise to claims against lawyers include:

• Providing poor or wrong legal advice

• Failing to take action before the expiry of the statutory limitation period

• Suing the wrong party

• Acting without proper instructions

• Poorly drafting a contract

We can help you understand everything you need to know about how to bring a professional negligence claim against a lawyer, barrister or other legal professional.

Certain government bodies and regulatory authorities are responsible for managing various industries. As part of their role, these government bodies and regulatory authorities make decisions. If you disagree with a decision made by a regulatory or government body, we may be able to help you to dispute it, which may result in a different decision being made.  

In Puntoriero v Water Administration Ministerial Corporation, Denniston and Day Lawyers conducted a successful appeal to the High Court after the plaintiff suffered a multi-million dollar economic loss due to chemical contamination of an irrigation channel.

When an insurer rejects a claim such as a business insurance claim, motor vehicle claim or mortgage insurance claim we can help you challenge the decision.

We have recently been successful in challenging a determination by an insurer to refuse payment of mortgage insurance following a heart attack suffered by the insured. In this case we were able to show that the available medical evidence satisfied the policy requirements which had been misapplied by the insurer.

Defamation is where a person seeks damages for loss of reputation due to someone wrongfully publishing or distributing material that causes a loss of reputation.

If you can show that a third party that contains false statements which may damage your reputation, you may be able to make a defamation claim.

Strict time limits and procedural requirements apply in defamation matters and proper legal representation is essential.