Publications

How do pain and suffering payouts work, and what qualifies?

20/09/2020

When you've suffered a serious personal injury, it can take a significant amount of compensation to get you back on your feet and assist you in your recovery. State governments across Australia maintain schemes to determine how these payments are made, and the amounts you can be awarded. Payouts following…

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What constitutes medical negligence in Queensland (QLD)?

17/09/2020

Suffering the effects of negligent medical treatment can be devastating. When a medical professional who you entrusted with your health commits a preventable error and causes physical or psychological harm, the impact can range from a diminished ability to work and earn money to long-lasting pain. The good news is…

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New workers’ comp laws go into effect 1 July in Queensland

30/06/2020

1 July 2020 marks the mid-year point across the globe - and also indicates some big changes to laws and regulations in Australia. News.com highlighted a number of rules going into effect for the new financial year, including much anticipated changes to workers' compensation in Queensland. Let's explore what businesses should know…

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Case for Queensland surgeon charged with negligence and harassment still ongoing

18/06/2020

Disciplinary actions by the Queensland State Parliament, Australian Supreme Court and the Metro North Hospital and Health Service (MNHHS) against Dr. William Braun haven't prevented the surgeon's lawyers from arguing his suspension should be thrown out. As ABC News reported, Braun's lawyers assert he has lost more than $2 million in potential…

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Gerard Malouf and Partners Succeed in Queensland Motor Accident Claim

24/04/2020

Our client was T-boned in a low-speed accident on his way to work. He suffered shock, and his head struck the window, but he was otherwise physically unharmed. It was our client’s position that he suffered a psychological injury following the accident. The Queensland compulsory third party insurer admitted that…

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GMP Shopping Trolley Accident Success Against Major Supermarket

03/01/2020

Our client was badly injured when shopping at a major supermarket. She took a trolley, completed her shopping, and pushed the trolley onto the travellator. Unfortunately, the trolley was not suitable for use on the travellator, but our client was not appropriately warned of that by any sign properly attached…

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What steps do I take to make a public liability claim in Queensland

18/01/2019

If you've been injured because of public liability or neglect, it's important to understand the steps you must take to make a claim in Queensland. The Personal Injuries Proceedings Act 2002 and the Civil Liability Act 2003 set forth the following guidelines for making a public liability claim. Time restraints…

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Can I claim for loss of earnings if I’m injured due to a slip, trip or fall?

29/11/2018

What does loss of earnings mean? Under the Civil Liability Act 2003 (QLD), loss of earnings is defined as: (a) Past economic loss due to loss of earnings or the deprivation or impairment of earning capacity; and (b) future economic loss due to loss of prospective earnings or the deprivation…

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Can I make a public liability claim for workplace accidents?

30/10/2018

People who are injured in Queensland may be entitled to compensation if they can prove the damage they suffered - whether physical or psychological - was the result of someone else's negligence. However, separate pieces of legislation govern the different circumstances under which an individual can be injured. For example,…

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Was Queensland hospital negligent in $20m cerebral palsy case?

23/10/2018

A woman who believes she received negligent treatment from an obstetrician at the Mater Mothers' Private Hospital in Brisbane has launched a $20 million liability claim after her son was born with cerebral palsy. Petrea Aslett, 43, was 30 weeks pregnant when she went to the hospital in March 2012…

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What laws govern public liability claims in Queensland?

22/08/2018

The Civil Liability Act 2003 governs public liability claims in Queensland. These claims are made for injuries suffered that are not related to a motor vehicle or workplace accident. The injury could have occurred on either private or public property. Examples of public liability injuries include: Slips and falls in…

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Is it possible to make a liability claim for food poisoning?

30/07/2018

Food poisoning is an unpleasant and surprisingly common experience. An estimated 4.1 million cases of food poisoning occur annually in Australia, according to the Food Safety Information Council. That's the equivalent of one-sixth of the population getting struck down every 12 months. Most people recover after a few days without…

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Can I make a public liability claim against a security guard in QLD?

10/07/2018

In Queensland, bouncers and security guards have less power than many think. While they're in place to protect the 'house' rules of a venue, such as a pub or a shopping centre, they are restricted in the methods they can use to enforce these rules. This includes not being allowed…

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Can I claim public liability against a QLD sports club?

03/07/2018

As exhilarating as sports are for both participants and viewers alike, unfortunately this excitement can come with the risk of unplanned injury. The risk of physical harm differs between players and fans, with the public liability rules applicable to these groups different too. If you suffer an injury while playing…

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Does an apology constitute an admission of liability?

11/06/2018

A heartfelt apology is often one of the first steps to settling an argument with someone. Saying you're sorry to a person that you've wronged opens up the path to forgiveness and can provide closure. But conventional wisdom in legal matters is that defendants can do themselves more harm than…

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Can people who are committing a crime be awarded damages?

28/05/2018

People who are seriously hurt on public or private property can often claim compensation for the injuries they sustained if they are able to prove that an individual or organisation negligently breached a duty of care. However, does this responsibility extend to claimants who were involved in criminal activity at…

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$93,000 Compensation for a young woman that suffered injuries in a motor vehicle accident in Queensland

16/05/2018

Gerard Malouf & Partners Compensation Lawyers brought about a successful outcome for a young women that suffered injuries in a motor vehicle accident. Our client was travelling on the motor way, which had come to a standstill due to the traffic ahead of her having come to a stop. While…

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What is a structured settlement in a QLD public liability claim?

09/05/2018

When claiming for compensation in a public liability case, a structured settlement is an alternative means of repaying debt to an injured person. Instead of receiving a lump compensation payment, claimants may instead be paid out all or part of their debt over a period of time in instalments. What…

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What is the National Injury Insurance Scheme Queensland?

27/04/2018

The National Injury Insurance Scheme Queensland (NIISQ) is a no-fault insurance program designed to provide necessary lifetime treatment and support for people who sustain serious personal injuries in motor vehicle collisions. It helps cover victim's medical expenses so they can try to return to living a normal life. How is…

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How long do public liability claims take to resolve in QLD?

24/04/2018

Proceeding with a public liability claim is a big decision, and people often want to know how long their case is likely to take before it reaches a conclusion. Unfortunately, this is always a difficult question to answer because of the unique factors affecting each claim. If the individual or…

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