A guide to our Personal Injury Law services

Transcription

1 Est A guide to our Persona Injury Law services G R E A T P E O P L E. G R E A T R E S U L T S. G R E A T V A L U E.

2 Contents Introduction...3 Workers Compensation caims...5 Industria Deafness...8 Skin Cancer caims...9 Comcare caims...10 Motor Accident caims...11 Tota and Permanent Disabiity caims...14 Defective Product caims...16 Medica Negigence caims...17 Pubic Liabiity caims...19 Civi Assaut caims...21 Church and Schoo Abuse...22 Lega costs in Persona Injury caims...24 We can assist you after you have finished your caim for Persona Injury...25 Persona Injury aw team...26 Turner Freeman Lawyers has been providing quaity ega advice and assisting peope to resove their ega disputes quicky and efficienty for more than 60 years. Our we-estabished and experienced team is here to provide you with practica advice and hep you secure a successfu outcome. At Turner Freeman Lawyers we focus on buiding a strong and trusting reationship with you and we isten to your needs. With more than 50 awyers nationwide, fuent in many anguages, you are in good hands. Gaius and Fiona in our Sydney office, Richard in our Parramatta office, and Gerard in our Newcaste office are a accredited by the Law Society of New South Waes as speciaists in persona injury aw. Est. 1952

3 Persona Injury The consequences of an injury can be stressfu, tragic and painfu. You are forced to cope with a new state of norma where you are now in pain, suffer restriction of movement and are no onger abe to do the work and activities that you used to do. In addition you now find that you are financiay worse off and have the added pressure of having to dea with an insurance company. Turner Freeman understands the pressure that an injury paces on you and your famiy. We have been deaing with your type of situation for more than 60 years and our high eve of experience combined with our expert abiity to bring itigation matters to a successfu concusion makes Turner Freeman the perfect choice. We pride ourseves on the fact that we have Accredited Speciaists on our team. An Accredited Speciaist is a awyer identified, monitored and registered by the Law Society as having extensive experience, proven expertise and who has competed an advanced study program and examinations in a particuar area of aw. Ony those soicitors who pass the Law Society's exacting tests are accredited. Having Accredited Speciaists makes Turner Freeman the right choice when it comes to choosing a awyer. Armando Gardiman MANAGING PARTNER Freeman Turner Lawyers

4 4 At Turner Freeman, we are proud of the testimonias provided to us by past cients. We invite you to expore our website and to view the video testimonias from past cients, as we as the video cips on our partners. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

5 5 Workers Compensation Caims Unfortunatey, most injuries happen in the workpace and if you suffer an injury at work, or as a resut of the nature and conditions of your empoyment over time, you are entited to caim workers compensation benefits. Workers Compensation is a basic safety net which operates on a no faut system. When you have suffered an injury at work it is important that a of your workers compensation rights and entitements be fuy expored by a speciaist awyer. Turner Freeman has speciaists with in-depth knowedge and experience in Workers Compensation aw. Significant changes to the Workers Compensation aws take pace frequenty and it is important that you seek up to date speciaist advice to be aware of your rights and entitements as these changes take effect. What are your Workers Compensation entitements n Weeky payments of compensation The Workers Compensation Act 1987 provides for weeky payments of compensation for workers who are totay or partiay unfit for work (see schedue beow). First 13 weeks of incapacity You are entited to be paid 95% of your pre-injury average weeky earnings during periods of tota or partia incapacity. From 14 weeks to 2.5 years You are entited to be paid 95% of your pre-injury average weeky earnings by the insurer if you are working at east 15 hours per week. You are entited to be paid 80% of your pre-injury average weeky earnings by the insurer if you have no capacity for work or if you are not working at east 15 hours per week. From 2.5 years to 5 years You are ony entited to ongoing payments of weeky compensation from the insurer if you satisfy one of the foowing: - The insurer assesses you as having no current work capacity and you are ikey to continue indefinitey to have no current work capacity - The insurer assesses you as having some current work capacity and you have returned to work for a period of at east 15 hours per week and you are in receipt of current weeky earnings of at east $ per week and the insurer is satisfied it is ikey that you wi continue to be incapabe of undertaking any further additiona empoyment that woud increase your current weeky earnings - You are deemed a worker with high needs who is assessed by the insurer as having no work capacity. In order to be deemed a worker with high needs the insurer must agree your eve of whoe person impairment is 21% or more. After 5 years Continuing compensation is ony avaiabe to those who are deemed a worker with high needs. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

6 6 Workers Compensation Caims CONTINUED n Medica, hospita and pharmaceutica expenses In addition to weeky payments, you are entited to payment of or reimbursement for your medica and reated expenses if the treatment is considered to be medicay reasonaby necessary. The insurer must pre-approve the treatment before it is provided, other than emergency services provided within 48 hours of your injury. The entitement to medica and reated expenses extends to the cost of surgery, hospita and pharmaceutica expenses. You can further caim for your trave to and from medica appointments. You need to keep a record of the precise number of kiometres you drive and of the appointment you attended, and you shoud then forward these to the insurer for payment. Strict time imits have been paced on a workers entitement to caim medica and treatment expenses as foows: 2 years If your degree of whoe person permanent impairment has not been assessed or it is agreed you suffer from a 10% or ess whoe person impairment, your entitement to medica and treatment expenses wi cease 2 years from the ast date weeky compensation payments were payabe to you, or aternativey if no weeky compensation payments were payabe, then 2 years from the date your caim for compensation in respect of the injury was first made. 5 years If your injury has resuted in an accepted or binding degree of whoe person impairment greater than 10% but not more than 20%, you are entited to a period of 5 years of medica treatment. For ife If your injury has resuted in a degree of whoe person impairment which is 21% or greater, you are deemed to be a worker with high needs and there is no imitation on the period of your medica treatment. The imitation period is not appicabe to compensation sought for medica and treatment expenses in respect of the provision of crutches; artificia members; eyes or teeth; other artificia aids or spectaces and secondary surgery in certain circumstances. This incudes things such as hearing aids which you are entited to for ife It is important that a of your workers compensation rights and entitements be fuy expored by a speciaist awyer. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

7 7 n Lump sum compensation for permanent impairment You are entited to ump sum compensation for permanent impairment if it is agreed you suffer from a 11% or greater whoe person impairment as assessed by a WorkCover trained doctor and in accordance with guideines set by WorkCover. The amount of compensation is dependent on the severity of your impairment with a set amount of compensation payabe for each percentage oss. You are ony entited to make one caim for ump sum compensation in respect of the permanent impairment that resuts from an injury and it is important you seek speciaist ega advice before investigating your potentia caim. Recent changes to the aw now permit injured workers who initiay received ump sum compensation prior to 19 June 2012 to make one more caim if their condition has deteriorated. This is the ast caim for ump sum compensation a worker can make. How do you make a caim and are there time imits? You shoud notify your empoyer as soon as possibe after the injury, so the incident can be recorded. If you require time off work, you shoud consut with your genera practitioner and have the doctor compete a Work Cover Certificate of Capacity. You shoud provide this Certificate to your empoyer. A caim shoud be made as soon as possibe and certainy within a maximum of six months from the date of injury or accident. If your caim has been made outside of this period you may sti caim if there is a reasonabe cause for the deay. What happens when a dispute arises with the workers compensation insurer? If the workers'compensation insurer disputes iabiity for your caim or disagrees with the eve of permanent impairment, you can request the insurer review their decision and if this is unsuccessfu, your caim can be referred to the Workers Compensation Commission to determine the dispute. It is important you seek speciaist ega advice and assistance to dea with any disputes. How do your ega costs and disbursements work? The Workers Compensation Independent Review Officer (WIRO) provides funding to cover your ega costs and disbursements. Shoud you require our assistance to chaenge a dispute notice or investigate your eve of whoe person impairment, we wi prepare an appication for funding on your behaf and submit it to WIRO. In our experience if your caim has reasonabe prospects of success, the appications we submit are amost aways approved, and once approved, WIRO wi pay for a of your ega costs and disbursements. You must use a awyer accredited as an Approved Lega Service Provider by WIRO and Turner Freeman has some of the first awyers to be accredited by WIRO. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

8 8 Industria Deafness Industria deafness is one of the most common forms of hearing oss and occurs as a resut of exposure to noise over a ong period of time, generay from a noisy work environment. The oss of hearing is gradua and therefore often peope who have industria deafness might not even know it! If you have industria deafness, you may be abe to make a caim for both monetary ump sum compensation and the cost of hearing aids. A you wi need to do is have a hearing test to find out how severe the probem is. Peope who are exposed to oud noise over a ong period of time tend to ose the abiity to hear higher pitched sounds. These symptoms are worsened when the sufferer is in an area with high eves of background noise or in group environments. They cannot hear the teevision ceary and speaking on the teephone becomes extremey difficut. The probem can be compounded by the presence of tinnitus; an annoying buzzing sound in the ears. No medica procedure can rectify these probems and therefore the damage is permanent and irreversibe. Sometimes hearing aids may be prescribed to assist in communication. Industries and occupations which often expose workers to high eves of noise and have high occurrences of industria deafness incude: construction; eectrica and pumbing; mining and engineering; factories and processing; agricuture and farms; oca councis; raiways and transport; heavy machinery; manufacturing; airine industry; meta industry; printing; maintenance; waterside abour; industria painting; packaging; infrastructure. So we can arrange a hearing test pease contact your nearest Turner Freeman office and ask to speak to our Industria Deafness team or ca our to free number Even if you have made a caim before, you may be abe to get new hearing aids and sometimes further compensation for any extra hearing oss. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

9 9 Skin Cancer Caims Many workers have worked outdoors for substantia proportions of their working ives, especiay in the waterfront, seafaring, transport, municipa counci, agricutura, mining, construction, forestry, and manufacturing industries. Working outdoors means exposure to sunight which often causes skin cancers. Skin cancers frequenty emerge many years after retirement. Skin cancer sufferers are often unaware that they have very vauabe workers compensation entitements if they have spent part of their working ives, working outdoors. Turner Freeman has the most extensive practice in obtaining compensation for skin cancer sufferers in Austraia. We itigated the andmark case of Stone vs Stannard Bros Launch Services. This decided that compensation for skin cancer sufferers was to be determined at the rates appicabe at the time the caim was made, and not at the rates appicabe when the worker ast worked. This can make a very substantia difference to the compensation amount. The Workers Compensation Act provides that workers are entited to compensation for their skin cancers if their empoyment is found to be the main contributing factor to the deveopment of the skin cancers. This is a matter of degree, where a the contributing factors to a workers skin cancer condition need to be compared. Once compensation entitements are recognised, workers are entited to: Medica costs (payabe for one year) reated to their skin cancers; A ump sum payment (cacuated in accordance with the WorkCover Skin cancer sufferers are often unaware that they have very vauabe Workers Compensation entitements if they have spent a proportion of their working ives working outdoors. guideines) in reation to the current eve of their whoe person impairment reated to their skin cancers. The compensation is paid by the insurer of the ast empoyer to expose the worker to any degree of sun exposure. There are generay no time imits on caiming compensation for skin cancer. The ega costs associated with compensation caims for skin cancers are payabe through the Workers Compensation Independent Review Office (WIRO), and are not paid by the caimant where funding is approved by WIRO. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

10 10 Comcare Caims Workers injured during their empoyment in the armed forces, the Merchant Navy, or with Commonweath Government departments have their workers compensation entitements determined in accordance with Commonweath egisation, rather than the New South Waes Workers Compensation Act. The Comcare scheme aso appies to a number of private empoyers who are nationay based and have appied to be part of the scheme (such as Testra, Austraia Post, the Commonweath Bank, and the Nationa Austraia Bank). The entitements and procedures under Comcare are very different from those under the New South Waes Workers Compensation Act. The awyers at Turner Freeman have many years experience in handing these caims. Ca our to free number for advice. Compensation entitements under the scheme incude: Weeky payments of compensation for periods of incapacity. The payments are cacuated according to a formua, and generay resut in injured empoyees receiving between 75% and 95% of their norma weeky earnings during periods of incapacity (depending upon the degree of incapacity and their remaining abiity to earn); Payment of medica and treatment expenses; Lump sum payments for impairment and non-economic oss, i.e. pain and suffering. The ump sums are generay avaiabe ony if injured empoyees have their degree of impairment assessed to be at east 10% whoe person impairment in accordance with specified guideines. Caims under the Comcare scheme are initiay made to the reevant compensating authority. If the caims are denied, injured empoyees can request that the denias be reconsidered. Foowing those reconsiderations, caims that are sti denied can be referred to the Administrative Appeas Tribuna. The entitements and procedures under the Comcare Scheme are very different from those under the New South Waes Workers Compensation Act. At Turner Freeman, we have many years experience in proceeding with both types of caims. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

11 11 Motor Accident Caims If you are injured in a motor vehice accident, there is a minefied of strict procedura and time requirements in caiming compensation. Turner Freeman are experts at ensuring compiance with these requirements. Our to free number is If you are injured as a pedestrian, passenger or driver in a motor vehice you may bring a caim for compensation under the motor accidents egisation if the injuries have been caused by the faut or negigence of a driver or owner of another motor vehice. Motor vehice is widey defined under the egisation. It incudes forkifts as we as other simiar, motorised, industria machinery, whether registered or unregistered. The motor accidents egisation generay requires that a motor accident caim be brought when industria accidents invoving the negigent driving of a forkift or simiar machinery occur. A caim may be brought against the Nomina Defendant in circumstances where the motor vehice aegedy responsibe for the accident, has not been identified or is unregistered. The Nomina Defendant is a statutory body estabished to compensate you in these circumstances. It must be demonstrated to the Nomina Defendant that reasonabe attempts have been made to identify the vehice responsibe for the accident through making due search and enquiry with avaiabe witnesses or through pubishing notices with oca newspapers seeking information about the vehice. Making a caim It is important to seek ega advice for these caims. There are strict time imits and procedures under the motor accidents egisation. Turner Freeman has many years experience in making motor accident caims and our awyers can hep you through the process. Your rights to caim compensation may be compromised or ost if the time imits are ignored. The procedure: Report the accident to the Poice within 28 days of the accident; Lodge an Accident Notification Form with the compusory third party insurer of the vehice aegedy at faut within 28 days of the accident. This secures provisiona acceptance of iabiity and payment of up to $5000 for medica expenses or oss of income; It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

12 12 Motor Accident Caims CONTINUED Heo Fady, Lodge a Persona Injury Caim Form with the compusory third party insurer of the vehice aegedy at faut within six months of the accident. You can sti make a caim if there has been a deay in reporting the accident to the Poice or in odging the Persona Injury Caim Form, but the compusory third party insurer is entited to seek an expanation for the deay. The expanation must be odged by the caimant in the form of a Statutory Decaration. The compusory third party insurer may be entited to reject your caim if the expanation is not fu and satisfactory. Caims Assessment and Resoution Service (CARS) and the District Court A caimant is entited to seek a genera assessment of a compensation payabe by the compusory third party insurer before an Assessor in an administrative tribuna, (CARS), if there is no dispute that the insured driver or owner of the vehice Just a short note to thank you for your hard work and to et you know that I am very satisfied with the outcome. Your patience and professionaism in deaing with my rather compex matter is very much appreciated. Regards aegedy at faut, was negigent. Within three months of receiving the Persona Injury Caim Form, the compusory third party insurer is required to respond with a written notice denying or accepting iabiity for the caim or aeging contributory negigence on the part of the caimant. A denia of iabiity by the compusory third party insurer may entite a caimant or compusory third party insurer to bring an appication to CARS for an exemption from genera assessment by that Tribuna. This means proceedings are commenced in the District Court. It is aso possibe to begin proceedings in the District Court seeking a further determination of damages payabe where there has been a genera assessment of damages by an Assessor at CARS, that you are not satisfied with. There is no time imit for commencement of proceedings before CARS, and an appication odged with that tribuna stops the running of time in reation to the time imit for any proceedings that are ater commenced in the District Court. Otherwise, proceedings must be commenced in the District Court within three years of the date of the accident. If District Court proceedings are not commenced within the time imit a caimant must provide a fu and satisfactory expanation for the deay in commencing proceedings, and seek the eave of the Court to commence them. Damages Pain and suffering damages wi not be awarded uness the extent of injuries and Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

13 13 disabiities from the accident have been accepted by the compusory third party insurer or determined by a medica officer appointed by the Medica Assessment Service (MAS), as exceeding 10% whoe person impairment under the reevant guideines. An appication for medica assessment may be brought by a caimant with MAS once a request has been made to the compusory third party insurer to accept that the caimants whoe person impairment exceeds 10% and this has been refused. The foowing damages are avaiabe in motor accident caims: Pain and suffering if appropriate; Past and future oss of income reduced by an actuaria five percent discount rate for the future; Past and future medica treatment expenses; Past and future care and equipment incuding home modification expenses; Past and future domestic and persona assistance provided free of charge in circumstances where the assistance has been provided for a minimum of six hours per week and for a period of time greater than six months. An houry rate based upon Average Weeky Earnings rather than commercia rates can be caimed for this assistance. An award of damages wi be reduced if the Arbitrator at CARS or the District Court finds that the caimant was partiay responsibe for the accident. Any contributory negigence on the part of the caimant wi be determined as a percentage. The tota amount of damages assessed wi be reduced by that percentage. If you are injured in a motor vehice accident, there is a minefied of strict procedura and time requirements in caiming compensation. Turner Freeman are experts at ensuring compiance with these requirements. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

14 14 Tota and Permanent Disabement (TPD) Superannuation Most superannuation funds have insurance poicies for the benefit of members who are unabe to work. The benefits avaiabe from the poicy are in addition to any Workers Compensation or other persona injury entitements that may be avaiabe. What is TPD Tota and Permanent Disabiity? Every superannuation fund and each individua poicy vary in their definition of TPD and how you quaify for a benefit. Generay, to be cassified as TPD you must: Be unabe, because of iness or injury, to work in any empoyment for which you are reasonaby quaified by education, training or experience; Have ceased active empoyment as a resut of the injury or iness; Be under 65 years of age at the date of ceasing active empoyment; Have a TPD insurance poicy in pace at the date of ceasing active empoyment. In addition, most funds require you to have been absent from active empoyment for at east six months before you are eigibe to make a caim. This waiting period varies between funds. Education, training or experience In addition to medica evidence, the ikeihood of returning to active empoyment wi be determined with reference to: The abour market; A members transferabe skis; The practica ikeihood of gaining empoyment. Often aternative empoyment may be avaiabe to an incapacitated person if further education or retraining is undertaken. In this case, a member may sti be eigibe to make a caim for tota and permanent disabement. This is because the need to retrain indicates that such aternative empoyment is outside of the members education, training or experience. Caims Process Each insurer has different rues about how to make caims and what evidence you need to provide. Generay a detaied appication form wi need to be competed by you with sections or separate forms to be competed by your empoyer and medica practitioners. You wi aso need to prove your identity via certified documents and provide proof of your injury or iness and the extent of any disabiity suffered. Some insurers impose time imits on when you can bring a caim. You generay must bring a caim without deay and as soon as you are reasonaby aware of the injury or iness occurring. Where an insurer rejects Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

15 15 your caim there is an overarching time imit of six years to commence court proceedings caiming a breach of contract. Once a of the reevant documents are competed and submitted to the insurer they wi assess your caim and request any further information required. They may aso request that you attend a speciaist medica appointment with one or more doctors to further investigate the extent of your injury or iness. Sometimes a decision is made by a board of trustees or other pane of experts depending on the poicy requirements. Once a decision is made the insurer must notify you in writing of the outcome and generay provide reasons as to why they have made the decision. If your caim is rejected or you are not otherwise satisfied with the outcome there may be avenues of review and appea avaiabe to you both internay with the insurer or externay through government authorities or courts and tribunas. There can be strict time imits that appy to odging a review or appea and you shoud act quicky if you have received a decision which you do not agree with. Turner Freeman wi hep you every step of the way through the process. Most superannuation funds have insurance poicies for the benefit of members who are unabe to work. Some insurers impose time imits on when you can bring a caim. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

16 16 Defective Product Caims If you have suffered injury from a defective product, or a product that has caused you to suffer an injury, then turn to Turner Freeman Lawyers to get the hep and guidance for the compensation you deserve. You may have a fauty product or defective product caim if you have been injured by unsafe or defective consumer goods and househod appiances, fauty equipment, cars, machinery and components and/or defective medica prostheses, orthodontics, devices or impants. Turner Freeman Lawyers have been acting in caims for defective product injuries for over 60 years and have deveoped a high eve of experience and success in those caims in the Austraian community. Where do I start? Turner Freeman Lawyers understand that this is a stressfu time and we can investigate the prospects of your caim at no obigation. The itigation process is compex, so it is imperative that you seek ega assistance eary. We act on a 'No Win, No Fee' basis and your first consutation with one of our experienced awyers is aways free. Seeking ega advice is important so you can be best informed of your compensation caim and any other potentia avenues for compensation that can be pursued on your behaf. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

17 17 Medica Negigence Caims Heath care professionas must provide treatment and advice that is proper and competent. If they fai to act in accordance with the required standard of care at aw, then they can be considered to have breached their duty of care and you may be entited to caim compensation for your injuries. Medica negigence aw is a compex area and requires speciaized ega knowedge and ski. At Turner Freeman Lawyers, we have awyers who practice excusivey in the area of medica negigence. This paces our awyers at a unique advantage in having the particuar ski set needed in order to successfuy hande your case. A medica negigence caim is a caim for compensation arising out of an injury suffered as a resut of negigent treatment provided by a heath care practitioner. These incude doctors, namey genera practitioners, surgeons and speciaists, both in pubic and private practice, and aso other professionas such as nurses and aso those who work as aied heath providers such as physiotherapists and chiropractors. Medica negigence can occur in a variety of settings incuding: Birth trauma; Genera surgery; Treatment provided by a genera practitioner; Anaesthetic care; Emergency medicine; Obstetrics and gynecoogy; Cancer treatment; Psychiatric care; or Cosmetic surgery. There are a number of different actions which can constitute medica negigence. Some exampes of these are: Incompetent surgery; Incompetent post operative care after surgery; A faiure to diagnose a condition; A faiure to refer to a speciaist in a timey manner; A genera faiure to propery treat; or A faiure to report correcty and/or foow up on test resuts. Proof of negigence in a medica negigence case requires a patient to estabish that: Heath care providers must provide treatment and advice that is competent. If they fai to act in accordance with a reasonabe standard of care then they have breached their duty of care and you may be entited to caim damages for your injuries. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

18 18 Medica Negigence Caims CONTINUED The professiona owes a duty of care to the patient; That professiona breached his/her duty of care owed; The breach of duty of care materiay contributed to the patients injury; and The patient suffered an injury. Normay, the fact that the professiona owes a duty of care is not controversia. What has to be estabished is that there was a breach of that duty of care and the connection between that breach and a patient's injury. This requires expert evidence that the heath professiona has not acted reasonaby or appropriatey. Once this is estabished, then further expert opinion is required to asses a patient's entitement to compensation, depending on the nature of their injury. If negigence can be proven, you can caim compensation for: Pain and suffering; Past and future medica or other expenses; Past and future oss of income; Care and domestic assistance, whether provided vountariy or on a paid basis; or Loss of capacity to provide domestic services to a dependent. Heath care practitioners rarey admit faut so expert evidence must be articuate and convincing. Turner Freeman awyers have the speciaist knowedge to propery investigate, prepare and manage a caim to its concusion. Most matters sette without proceeding to a Court hearing. Time imitations appy in reation to the commencement of proceedings so it is vita that ega advice is immediatey sought. The first step woud be to meet with one of our medica negigence speciaists who wi provide you with obigation-free advice. We can visit you at your convenience, whether at your home or in hospita. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

19 19 Pubic Liabiity Caims A pubic iabiity caim can be made in a wide variety of circumstances where you are injured because of the faiure of another person, government authority or business operator to take reasonabe care for your safety. It must be proved the injury was caused as a resut of the negigence of another. In some circumstances however egisation eiminates the need to prove faut, and in other circumstances egisation restricts the abiity to caim negigence. The categories of pubic iabiity caims are governed either by the Civi Liabiity Act 2002 or other egisation. Occupiers iabiity A business owner, government authority or househoder may be iabe in negigence if you are injured as a resut of a sip and fa or trip and fa accident. There must be an unreasonabe faiure to remove sip or trip hazards from foors or stairways of the premises. For instance a supermarket operator may be iabe in negigence for faiing to arrange for ceaners to routiney inspect foors and remove spiages or erect warning signs. But an occupier of premises wi not be iabe in negigence under the civi iabiity egisation for faiing to warn of sip or trip hazards that represent an obvious risk. Recreationa and sporting accidents You can make a caim in negigence against organisations or associations arising from injuries sustained in sporting or recreationa events but this is significanty restricted by the civi iabiity egisation. There is no iabiity when your injury resuts from an obvious risk in the course of a dangerous recreationa activity such as faing from a horse during an organised horse riding event. There is no duty of care imposed in reation to a risk of injury of a recreationa activity when a written or ora warning is provided by the association. Nevertheess, iabiity may arise against persona trainers for injuries sustained in training sessions. Fitness cubs generay seek to avoid iabiity for injuries by reying on written risk warnings as we as contractua waivers of iabiity. If you are a member of a sporting association you may be abe to obtain compensation for injuries in sporting events under sporting injuries insurance egisation, without proving faut. Anima attacks If you are injured by an anima such as a dog you may be abe to bring a caim against its owner for faiing to propery restrain or contro it. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

20 20 Pubic Liabiity Caims CONTINUED The companion animas egisation enabes a victim of a dog attack to caim compensation from the owner without proving faut. Roads and footpath authorities A motorist or pedestrian injured as a resut of defects in roads or footpaths may have a caim against a oca government authority or Roads and Maritime Services, or Transport NSW (formery RTA) for faiing to rectify them. The egisation has imited the avaiabiity of caims to those arising from a faiure to propery repair defects ony where the authority has actua prior knowedge of the defect. The distinction is technica and obscure and was introduced to imit the iabiity of oca government authorities in circumstances where budgetary restrictions prevent routine repairs to roads or footpaths. Damages Compensation in pubic iabiity caims is restricted under the civi iabiity egisation to: Pain and suffering is imited to injuries and disabiities greater than 15% of a most extreme case of injuries; Past and future oss of income is reduced by a 5% discount rate for future oss; Past and future medica expenses; Past and future care and equipment incuding home modification expenses; Past and future domestic and persona assistance provided free of charge in circumstances where the assistance has been provided for a minimum of six hours per week and for a period of time greater than six months. An houry rate based upon Average Weeky Earnings rather than commercia rates can be caimed for this assistance. You can make a caim by issuing a etter of demand to the negigent party so that the pubic iabiity insurer for that party can be put on notice of the caim. Turner Freeman has experienced awyers who can hep you through the process. Any court proceedings must be commenced within three years from the date of the accident. This is to prevent the negigent party from raising a imitation defence. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

21 21 Civi Assaut Caims If you are the victim of an assaut a caim may be made against the assaiant. The advantage is that the restrictions imposed on compensation by the civi iabiity egisation wi not appy. Any court proceedings must be commenced within three years of the date of the assaut in order to prevent the assaiant from reying upon a imitation defence. It is important to ensure that an assaiant has sufficient assets to meet any court award of compensation before pursuing a civi assaut caim and to take steps to prevent the assaiant from disposing of those assets in the course of the itigation. Damages that may be awarded against an assaiant for civi assaut are assessed by the court in reation to: Pain and suffering for injuries and disabiities unrestricted by any siding scae under the civi iabiity egisation; Aggravated damages for injury to feeings; Exempary damages to punish the assaiant and deter future vioent conduct; Past and future oss of income subject to a more favourabe 3% actuaria discount rate for the future; Past and future medica treatment expenses; Past and future domestic and persona assistance unrestricted by any requirement that the assistance be provided for a minimum of six hours per week for a period of six months. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

22 22 Church and Schoo Abuse The Roya Commission into Institutiona Responses to Chid Sexua Abuse has reveaed extensive sexua abuse of chidren in Austraian institutions. It has shown how chidhood abuse may cause costy, severe and ong asting harm. Many survivors have described their experiences to the Roya Commission. As we as participating in the Roya Commission you may be eigibe to caim compensation. Turner Freeman provides ega advice to a survivors of chidhood sexua, physica and emotiona abuse on a confidentia basis. We assist survivors of abuse within the famiy, or in institutiona settings such as schoos, churches, orphanages, foster care, hospitas and recreationa or sporting cubs. The responsibe institution shoud be hed to account. We are experienced in advising survivors about their eigibiity to caim compensation for physica and psychoogica injuries and the oss caused by abuse. Compensation for survivors of chidhood sexua abuse You may be eigibe to caim compensation by bringing a civi caim against the institution responsibe for the abuse. A civi caim is made for a ump sum payment that aims to compensate you for the effects of the abuse. This can incude the costs of counseing and other medica treatment, financia oss that resuts from the abuse, as we as compensation for pain and suffering. Many caims are setted outside of court proceedings. You shoud not expect to have to give evidence in court about the abuse or face the perpetrator. Caims for persona injury in NSW are usuay made within 3 to 6 years of the injury. For most survivors of chidhood sexua abuse however it is decades before the abuse is discosed and a caim is considered. The New South Waes Government has supported removing the imitation period within which caims must be made so that a chid abuse caim can be brought at any time. This incudes caims for sexua abuse, serious physica abuse or other abuse in connection with the sexua or serious physica abuse, that happened when the person was under 18. Contact our experienced awyers if you have aready made a caim and you were not successfu because of the imitation period so we can advise you about making a new caim. We are experienced in advising survivors about their eigibiity to caim compensation for physica and psychoogica injuries and the oss caused by abuse. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

23 23 We wi aso keep you advised about a nationa redress scheme recommended by the Roya Commission. If a nationa redress scheme is estabished you may be abe to caim a ump sum payment of compensation. A recognition payment and counseing costs may be aso avaiabe from Victims Services NSW. Our awyers wi discuss the best option with you once we have investigated the circumstances of the abuse. Revisiting abuse may be daunting and confronting. The experienced awyers at Turner Freeman aim to make the ega process as easy as possibe and ensure that you are adequatey supported throughout the process. Compensation caims can be compex and caims invoving chidhood sexua abuse require a speciaist awyer. If you, a famiy member or friend have experienced chidhood sexua abuse in an institutiona setting contact Turner Freeman to discuss your ega options. We wi investigate your caim and advise you on a no win, no fee basis. The Roya Commission into Institutiona Responses to Chid Sexua Abuse The Roya Commission is investigating how institutions such as schoos, churches, recreationa and sporting cubs, hospitas, orphanages, chidren's services and foster care have responded to aegations and instances of chid sexua abuse. It is examining past and current chid sexua abuse to make findings and recommendations on how institutions with responsibiity for chidren can improve the way they manage and respond to chid sexua abuse in the future. The Roya Commission is investigating how institutions and governments can create a safer future for chidren, how they can achieve best practice in reporting and responding to incidents and how they can address the impact of chid sexua abuse on survivors, incuding through the provision of redress and compensation. The aim of the Roya Commission is to understand what has happened in the past to stop it from happening in the future. You can contact the Roya Commission by caing , by emai at contact@chidabuseroyacommission.gov.au or by writing to GPO Box 5283, Sydney NSW knowmore knowmore is an independent service that gives free ega advice to peope who are considering teing their story or providing information to the Roya Commission. knowmore have speciaist trained and experienced staff who can make sure you have a the ega information and advice you need before deciding whether to te your story to the Roya Commission and they can tak about how to do it. They aso empoy mae and femae Aborigina & Torres Strait Isander workers. You can contact knowmore by caing or , by emai at info@knowmore.org.au.or by writing to PO Box Word Square NSW It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

24 24 Lega costs in persona injury caims There are different costs regimes in reation to the payment of ega costs associated with persona injury caims and those different costs regimes reate to the pace where the caim is commenced. In Workers Compensation caims it is possibe for us to appy to WIRO (the Workers Compensation Independent Review Office) and to ILARS (The Independent Lega Assistance and Review Service) for a grant of ega aid in payment of ega costs and disbursements. Uness we have a grant of funding from WIRO we wi not proceed with a caim in the Workers Compensation Commission. That is because there is no other means by which our ega costs can be recovered other than through WIRO. Where caims are brought in the District or Supreme Court of NSW in respect of work injury damages, pubic iabiity, professiona negigence, medica negigence, or in respect of motor vehice accidents, then those caims are conducted on the basis that as ong as the caim is won the ega costs wi generay be payabe by the defendant at the competion of the proceedings. Costs payabe by the defendant are referred to as party/party costs. If a matter proceeds to Judgment the Judge wi make an award of damages and wi generay order that costs be paid by the defendant. The defendant or its insurer wi pay the party/party costs. The cient wi be iabe for the soicitor/cient costs. We usuay recover between 70% and 80% of tota ega costs on a party/party basis. The baance needs to be paid by the cient on a soicitor/cient basis. Prior to any persona injury caim being commenced by us and before doing any ega work on a caim we are required by aw to have the cient sign a costs agreement. The costs agreement must be signed at the start of the caim. If the caim becomes more compex than what was originay envisaged then the costs agreement must be updated during the course of the caim as we so that you as the cient are fuy updated at a times in reation to the costs iabiity. Not a cases proceed to tria. In fact, the overwheming majority of cases sette either at informa settement conferences or mediation. If your matter settes it may sette either on a pus costs basis or on an incusive of costs basis. If it settes on a pus costs basis then the description that we have provided above as to how party/party costs are recovered appies. If your case settes on an incusive of costs basis then you wi have to pay the tota costs from your settement amount. At the time of settement we wi provide you with a reasonaby accurate estimate of the tota costs that are owing by you. That costs estimate wi be factored into the overa settement amount so that we wi be in a position to te you, at settement, what you wi receive in your hand after a out of pocket expenses and ega costs have been deducted. We wi, once the settement proceeds are received, provide you with a fu accounting in reation to your caim. In a caims for persona injury in the State of New South Waes we act for the cient on a no win/no fee basis. In other words, uness we are successfu in recovering damages on behaf of the cient then they wi not be charged for ega work done by us nor disbursements incurred by us in investigating the caim. Pease note that the no win/no fee system appies to a common aw caims that we conduct in the State of New South Waes. Freeman Turner Lawyers P E R S O N A L I N J U R Y L A W It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.

25 25 We can assist you after you have finished your caim for persona injury Turner Freeman is abe to continue to assist you after your persona injury caim has been setted or determined by the court. We can hep you with every form of ega advice and assistance. We aways advise our cients, if they recover very substantia damages, to obtain expert advice about how to invest their ump sum. Large ump sum payments need to be carefuy invested to ensure that they wi be avaiabe for ife. They need to be propery invested to make sure you are not forced onto socia security at some stage in the future. In a arge caims we recommend that you obtain expert investment advice. We refer cients to experts who are reputabe and experienced at providing financia pans and investment pans. We receive no fee from the adviser or panner and Turner Freeman is not directy invoved with this advice. The other areas of ega work Turner Freeman provides that might be of assistance to you when you recover a arge amount in settement or judgment for a persona injury caim incude: Buying a home for your famiy; Buying an investment property; Paying off a mortgage; Making a wi, a vita document where an injured person receives a arge amount of money; Creating a Power of Attorney and a Power of Enduring Guardianship, vita documents if the cient is significanty disabed. Creating a Trust; Purchasing a business; Purchasing a farm; Resoving famiy aw issues. Turner Freeman has experts who can provide advice in a of these areas. In reation to our conveyancing and estate services we offer discounted and at times free ega advice. After your caim is setted if you require assistance in any of this ega work do not hesitate to raise any of these matters with your soicitor so you can be referred to an appropriate speciaist at Turner Freeman. Turner Freeman Lawyers wi give you the persona service you deserve. Persona Injury matters are often stressfu and distressing. Our experienced team is here to advise and guide you through the process. We are expert and understanding. The peope at Turner Freeman speak a number of different anguages. When we do not have a awyer who speaks your anguage, we can access interpreters. Hospita and home visits can be arranged for those unabe to attend a meeting in Turner Freemans offices. It is important to seek ega advice before you make any caim. Turner Freeman works on a no win-no fee basis for Persona Injury caims. Uness you recover compensation you wi not be charged for our work.