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Personal Injury Lawyers

  • The Train Crash
  • Neville’s T-Bone Car Accident
  • Sam’s Back and Neck Pain
  • William the Meat Shifter
  • Leslie - From Rubbish Tips to TPD
  • Regina's Six Week Hospital Stay

Quinn & Scattini Lawyers’ personal injuries lawyers are committed to serving local communities by providing access to expert, uncompromising and professional legal services, via Q&S’s seven offices conveniently located throughout South-East Queensland. No Win No Fee

Our “no win no fee” approach means your legal fees and out-of-pocket expenses, such as expert reports, are not payable until the end of your successful personal injury claim.

NO WIN, NO FEE in approved cases.

How do we work

Free Consultations

Q&S’s personal injuries lawyers provide obligation-free consultations over the phone, via Skype, or by meeting with you in person at any of our seven offices (Beenleigh, Brisbane, Caboolture, Cleveland, Gold Coast, Ipswich and Jimboomba).

If your personal injury prevents you from coming to our office, Q&S’s personal injuries lawyers will come to you.

Covering All Compensation Claims

Have you been injured in a car accident? Have you been injured in a bike accident? Have you suffered a workplace injury? Have you been injured on the way to or from work? Are you no longer able to work due to personal injuries? Did you injure yourself in a public place? Are your injuries a result of a doctor’s medical negligence? You may be entitled to compensation.

Q&S’s expert personal injury lawyers are experienced across all types of compensation claims, from big to small. Get specialist advice on motor vehicle accident injury claims, bike accident claims, workplace injury claims, public liability claims, medical negligence claims, death dependency claims and TPD (superannuation) claims from the real experts. Find out more below.

Specialist advice

Q&S’s expert personal injury lawyers are experienced in navigating clients through the complexities of personal injury law, ensuring clients’ compensation claim time limits are met, and expertly representing clients in all proceedings, from the consultation to compulsory conference to court hearing.

Time Limits Apply

Strict time limits apply to personal injury claims. For example, workplace injury claims must be lodged within six months of the injury occurring, or from the date you first sought medical advice. If your workplace injuries claim is rejected, you then have three months to lodge an appeal. If you have been in a motor vehicle accident and wish to make a compensation claim, you have nine months from the date of the car accident to submit your compensation claim, or one month after seeking legal advice (depending on what occurs first).

If these time limits are missed, this may result in you losing your right to pursue a claim. Q&S’s expert personal injury lawyers can identify the relevant time limits that apply to your compensation claim, whether it is a motor vehicle accident claim, bike accident claim, workplace injuries claim or public liability claim, and determine if your claim is worth pursuing.

Why choose us?

You will be talking to a real expert, local to you. Q&S’s personal injuries lawyers will not treat you like a number, but as a real person, and a person going through a difficult and stressful experience. Get expert advice, not just what you want to hear, in a language you can understand, not legal jargon.

Still need answers?

Request an obligation-free appraisal, chat live with an expert personal injuries lawyer or call 1800 WIN WIN to discuss your potential claim.

Free Case Appraisal Form

Our Practice Areas

We have represented clients across a range of practice areas, such as motor vehicle injuries resulting from a car accident or a bike accident, workplace injury claims, complex medical negligence, public liability, death dependency and TPD (superannuation) claims.

Click on the relevant heading below to access detailed information.

  • Motor Vehicle Injuries
    • rear ended car accident
    • t-bone car accident
    • spinal injury
    • sprain/strain
    • soft tissue injury
    • whiplash injury
  • Workplace Injuries
    • manual handling injury
    • bullying and harassment
    • equipment and systems of work injury
  • Medical Negligence Claims
    • pharmaceutical and/or treatment error
    • doctor error
    • cerebral palsy and other medical negligence resulting in permanent disability
  • Death Dependency Claims
    • death of your spouse, father, or other income provider as a result of negligence
  • TPD Superannuation Claims
    • unable to work due to a medical condition
    • income protection claims through superannuation
  • Public Liability Claims
    • slip and fall
    • sexual abuse
    • assault e.g. ‘one punch attack’
    • injuries in a rental property

Meet Our Lawyers

Scott Webb

Senior Associate

Kate Harris

Senior Paralegal

Contact Our Team

1800 WIN WIN (1800 946 946)

injuries@qslaw.com.au

Brisbane CBD

Level 2, 102 Adelaide Street.
(Next to King George Square)
Bribane City

Beenleigh

99 George Street
(Opposite Court, Cnr York Street)
Beenleigh

Cleveland

141 Shore Street West
(Opposite Cleveland Train Station)
Cleveland

Caboolture

1 King Street
Caboolture

Gold Coast

1/2406 Gold Coast Highway
(Cnr Markeri St.)
Mermaid Beach

Jimboomba

Shop 1, 689 Cusack Lane
Jimboomba

Ipswich

55 Limestone Street
Ipswich

Case Examples

As every case is different, the cases reported here cannot be taken as an indication of a similar outcome being likely in your case, and these reports are not to be taken as legal advice about your particular situation. Names have been changed for confidentiality. However, some cases appear on public records such as court reports on the internet.

Leslie – From Rubbish Tips to TPD

Case Example No. 153944 – TPD Superannuation Claim

Leslie was a 39 year old male. Leslie had spent many years working as a rubbish collector in the waste disposal industry. Leslie suffered an injury to his lower spine in a workplace accident. Leslie received some compensation for this injury and returned to work, but he found that he was struggling to fulfil his role as a rubbish collector. Leslie had only ever worked in physical roles. He did not complete high school and he struggled with numeracy and literacy skills.

Ten years after his initial injury, Leslie made a claim for Total and Permanent Disability benefits through his superannuation fund. Leslie was able to pursue a claim for Total and Permanent Disability benefits even though he had previously received some compensation from his employer’s insurance company. Evidence was obtained from

Leslie’s doctors which confirmed that he was no longer fit for paid employment.
As a result, Leslie was successful in securing Total and Permanent Disability entitlements from his superannuation fund. Leslie is planning to seek assistance in investing the funds so that he can use them to fund his accommodation, medical and living expenses.

The Train Crash

Case Example No. 131235 – Public Liability (Train Accident)

Linda was a 51 year old female who was a passenger travelling on a train that derailed and crashed at a station. Linda suffered soft tissue injuries to her neck and left shoulder as a result of the collision. Soft tissue refers to the tissues that connect, support and surround the other structures and organs in the body.

Although Linda was not employed when she was injured, she was an active volunteer who dedicated her time to the care of assistance animals. After she was injured, Linda was reluctant to use trains as her mode of transport. Linda also experienced ongoing pain in her neck and left shoulder which affected her ability to volunteer in the care of assistance animals. These difficulties caused significant disruption to Linda’s life.

Linda was successful in obtaining an appropriate amount of compensation during the pre-court stage of her claim. As a result, Linda received a confidential compensation payout for her pain and suffering, and which also covered the expenses she had incurred for her medical treatment. This compensation also provided her with a lump sum amount for her future treatment expenses to help restore her quality of life.

Neville’s T-bone Crash

Case Example No. 142021 – Car Accident

Neville was a 62 year old male who was the driver of a vehicle that was “t-boned” (struck from the side). Neville sustained soft tissue injuries to his right shoulder. Soft tissue refers to the tissues that connect, support and surround the other structures and organs in the body.

At the time of his injuries, Neville was self-employed and worked as a rubbish collector. Although Neville did not take any time off work after he was injured, he started to experience pain and discomfort when he was working. Neville had always been in good health prior to the incident and had wanted to continue working well beyond the usual retirement age.

Neville’s case was resolved in the pre-court stage of his claim. He received a confidential compensation payout that compensated him for his pain and suffering and medical expenses. His payout also included an amount for future economic loss to account for the possibility that his injuries may cause him to retire earlier than expected. Neville’s payout also covered all of his legal fees and expenses.

Amelia’s stairwell slip

Case Example No. 2017QSC23 – Public liability (slip and fall)

Amelia was working as a physiotherapist at a regional Queensland hospital. Amelia climbed up a flight of stairs one morning and tripped over. Amelia was holding the hand rail at the time of the fall, and as a result her arm was pulled to the side and backwards simultaneously, resulting in serious neck and arm injuries.

Despite having surgery on her arm, Amelia continued to suffer regular pain and headaches. Unable to continue work as a physiotherapist, Amelia lodged a claim to secure compensation for past and future lost earnings, pain and suffering, future care and assistance, and other damages.

In court, evidence was supplied regarding two other employees who had also injured themselves in the stairwell, which led to the hospital installing non-slip strips on the stairs. Despite the hospital’s preventative measures, expert evidence was provided by two engineers who highlighted the stairwell’s non-compliance with current building safety requirements. Experts found that the vertical gaps between the steps were inconsistent, and Amelia’s injuries were consistent with stumbles that occurred when heights of staircase risers varied too much.

The court found the hospital to have been negligent in its workplace health and safety practices, and awarded Amelia $1.6 million in compensation, including $650,000 for loss of future earnings.

The Mining Medical Fail

Case Example No. 152052 – TPD Superannuation Claim

Greg was a 61 year old male. Greg had spent many years working as a truck driver in the Queensland mines. Greg was diagnosed with a heart condition, which meant that he was no longer fit to pass the mining medical assessments. The mines would no longer employ him and he was struggling to pay his bills. Greg’s doctor advised him that his heart condition meant that he was no longer fit to work as a commercial driver.

Greg submitted a claim for Total and Permanent Disability benefits through his superannuation fund. Total and Permanent Disability entitlements allow injured workers to maintain their quality of life despite having suffered injuries that prevent them from returning to paid employment. Evidence was provided to the superannuation fund from Greg’s doctors stating he was no longer fit to work as a commercial driver.

Greg was successful in securing Total and Permanent Disability entitlement within three months of lodging his claim documentation with his superannuation fund. Greg was able to use his benefits to pay his accommodation and medical costs.

Kevin’s Slip and Slide

Case Example No. 145006 – Public Liability (Slip and Fall)

Kevin was a 58 year old male who suffered injuries in a slip and fall incident. Kevin was walking on the tiled footpath of a business when he slipped and fell. There were heavy rain conditions at the time of Kevin’s incident. Expert evidence was obtained from an engineer who found that the slip resistance surface of the tiles did not meet the requisite Australian standards. As a result of the fall, Kevin suffered an injury to his left knee.

At the time of the incident, Kevin worked as a car park attendant. Kevin struggled to return to work after the incident. Kevin’s knee injury made it difficult for him to walk and stand for long periods of time. He also found it difficult to climb into vehicles that were either high or low to the ground due to instability and weakness in his knee. Kevin had limited computer and literacy skills and was not able to easily secure a role in an office environment.

An expert opinion was obtained from an orthopaedic surgeon who confirmed that Kevin would face difficulties in his role as a car park attendant. As a result, Kevin was able to secure a settlement that compensated him for his pain and suffering, economic loss, loss of superannuation and out-of-pocket expenses. The settlement also covered his legal fees and expenses.

Sam’s Back and Neck Injuries

Case Example No. 140556 – Car Accident

Sam was an eighteen year old male who was a passenger in a car that was struck from behind. Sam suffered soft tissue injuries to his neck and lower back. Soft tissue refers to the tissues that connect, support and surround the other structures and organs in the body.

Sam had previously completed some work as a labourer and bartender and was interested in pursuing similar work in the future. After he was injured, Sam experienced ongoing pain in his neck and lower back. This pain caused him to experience difficulties in obtaining and maintaining employment.

As part of his claim, Sam received assistance from the CTP insurer (of the driver at fault) to participate in a return-to-work program.

Sam’s claim was resolved shortly after court proceedings were commenced. Sam received a confidential payout that covered all of his medical expenses and provided him with lump sum amounts for his pain and suffering and economic loss. Sam’s payout also covered all of his legal fees and expenses.

Back pain from the back dock

Case Example No. 2017QDC1 – Workers Compensation

Michael was working as a back dock assistant for a major supermarket. Michael’s work involved operating a “walkie stacker” to unload pallets of goods from delivery trucks. One month into Michael’s employment, the walkie stacker broke down and a replacement was supplied. Part of Michael’s job was to make sure pallets were correctly aligned once stacked, yet the replacement walkie stacker did not have the required “side shift” function to complete this task. With no updated instructions or training provided, Michael watched another employee use a steel bar to manually adjust the pallets and quickly adopted that approach.

After operating the steel bars with the replacement walkie stacker for nearly three months, Michael started to experience lower back pain and pain down his right thigh. Michael subsequently resigned from the job. After leaving, the symptoms of Michael’s injuries were so severe that he was unable to work and was limited to being able to perform only “desk-bound” duties. Michael then lodged a workers compensation claim against the supermarket giant, seeking compensation for future economic loss.

When Michael’s case was heard in court, the supermarket giant argued that Michael did not report his injuries to management during the course of his employment. The court determined this to be irrelevant and found the supermarket giant liable for negligently causing Michael’s injuries.

Michael was awarded $650,000 in damages, with $375,000 attributed to future economic loss.

Wayne’s Pedestrian Pain

Case Example No. 162522 – Car Accident

Wayne was a 65 year old male who worked as a financial controller for a company. He suffered injuries when he was struck by a car while attempting to cross a busy road. Wayne had attempted to cross the road at a place where there was no pedestrian crossing. In addition, there was peak hour traffic and wet weather conditions when he attempted to cross the road.

An admission secured from the CTP insurer (of the vehicle that struck Wayne) stated that they were 80% responsible for the incident and Wayne was only 20% responsible for the incident.

As a result of the accident, Wayne suffered a mild head injury which sometimes caused him to suffer headaches and dizziness. Wayne struggled to return to work after his injuries. As a result of his injuries, Wayne retired two years earlier than expected. Expert evidence was provided by a neurosurgeon and psychiatrist regarding the impact of Wayne’s head injury on his ability to complete his role as a financial controller.

A settlement was secured for Wayne that provided him with compensation for his pain and suffering, economic loss, loss of superannuation and out-of-pocket expenses.

William the Meat Shifter

Case Example No. 122239 – Workplace Injury

William was a 63 year old male who suffered injuries at work when he was lifting a heavy carton of meat. William was not provided with adequate assistance for heavy lifting. As a result, he suffered soft tissue injuries to his chest and back. Soft tissue refers to the tissues that connect, support and surround the other structures and organs in the body. When William attempted to return to work, he suffered further complications in his back and had to stop working.

During the course of William’s claim, the solicitors representing his employer tried to prevent the release of crucial documents. They also tried to prevent experts from attending the employer’s premises to conduct a site inspection to further understand how William had injured himself. Legal processes were submitted to the court in order to compel the employer to cooperate.

The case did not resolve in pre-court negotiations as the employer’s insurance company failed to offer an adequate amount of compensation for William’s injuries. Court proceedings were then commenced. As the case proceeded closer to trial, the employer’s insurance company made an appropriate offer of settlement, which William accepted.

As a result, William received a confidential compensation payout which covered his medical expenses and gave him a lump sum amount for pain and suffering and loss of income. His legal expenses were also covered.

Regina’s Six-Week Hospital Stay

Case Example No. 121340 – Medical Negligence

Regina was a 26 year old, pregnant female. She presented to the hospital in labour. A couple of hours later she gave birth. Post-delivery, Regina developed sepsis. Sepsis occurs when the body releases chemicals into the blood stream to fight an infection which instead triggers inflammatory responses throughout the body. If sepsis is left untreated, the inflammation can trigger a number of significant changes in the body that can damage multiple organ systems and cause them to fail.

Unfortunately the hospital failed to detect and treat Regina’s sepsis with the use of antibiotics. As a result, the inflammation continued and she developed a streptococcal infection (with toxic shock), sepsis and multi-organ failure. Regina’s condition had become so serious that she was then transferred to the intensive care unit. Regina remained in the intensive care unit for six weeks until she was able to be discharged from the hospital.

As a result of the hospital’s negligence, Regina suffered a number of permanent injuries including cardiomyopathy, sexual dysfunction, scarring, hernia and a psychiatric injury. These injuries restricted the numbers of hours that Regina would be able to work in the future. The injuries also restricted the type of employment that Regina would be able to complete in the future.

Regina successfully secured a settlement sum that compensated her for her past and future loss of income, pain and suffering and out-of-pocket expenses. Additionally, a portion of Regina’s legal costs and expenses from the hospital was recovered.

Your Legal Rights Under the Law of Negligence

Quantum

Examples of what you may be able to claim, include:

· Loss of past and future earnings;

· Past and future medical, rehabilitation and hospital expenses;

· Pain and suffering;

· Loss of enjoyment of life;

· Loss of life expectancy;

· Home/car modifications;

· Trustee management costs (if required);

· Care/assistance provided by others, paid or unpaid, if the required threshold is met;

· Return-to-work services;

· Travelling expenses; and

· Death compensation claims.

The amount of compensation you may receive will depend on the above and on all the circumstances of your case and relevant case law. Some of the legislation that may be relevant to such claims include:

· The Civil Liability Act 2003;

· The Civil Liability Regulation 2003;

· The Personal Injuries Proceedings Act 2002; and

· The Personal Injuries Proceedings Regulations 2002.

Liability

There are 3 steps to a successful claim for compensation:

1. You must prove that a “duty of care” was owed to you by the other party.

2. Most importantly, you must show (and we will help with this) that there was a breach of that duty of care. This occurs, for example in a motor vehicle accident, when the at-fault driver drove without due care and attention, drove through a red light, failed to give way, or rear-ended your vehicle.

3. There must be evidence that you have been injured, physically or psychologically, as a result of the incident. Examples of injuries include spinal injuries, arm/hand/finger injuries, leg/foot/toe injuries, brain/neck/eye injuries, muscle injuries, burns, lacerations, anxiety, depression, PTSD.

Defences

CONTRIBUTORY NEGLIGENCE

If a person was partly at fault for the incident that caused their injuries, the court will reduce the amount of compensation by the percentage of contributory negligence.

Examples of contributory negligence include:

  1. Failing to wear reflective clothing while riding a bicycle.
  2. Crossing a road away from a pedestrian crossing.
  3. Using a mobile phone while driving a car.
  4. Driving a car while intoxicated.
  5. Failing to wear a properly fitted seat belt.

OBVIOUS RISK
A person who has accepted the risks of a particular activity may not succeed in a claim of negligence.

“Obvious Risk” Case Example – Streller v. Albury City Council

On 26 January 2008, 16-year-old Dylan Streller attended Australia Day celebrations at a park in the Albury City Council area, where he swung from a rope hanging off a tree branch into a river. He attempted to perform a 360 degree flip, and in doing so struck his head on the riverbed, rendering him a quadriplegic.

In deciding that Streller accepted the risk and was not entitled to any payment of compensation for his injuries, the Court of Appeal said:

  1. The risk of injury from diving into a river is obvious.
  2. Streller failed to check the depth of the water before diving into the river.
  3. Streller knew that there were significant variations in the depth of the water (due to the presence of a sandbar).

Time Limits

Personal Injury claims are subject to strict time limits. If you have suffered an injury, you should seek legal advice as soon as possible about any potential claim you might have.

Under the Limitation of Actions Act 1974 (Qld), you have three years from the date of your injury to commence court proceedings. If you do not start court action within that time, you may forever lose your right to make a claim.

You have to deliver a Claim Form within one month after the date on which you first consult a lawyer about your claim. If you do not deliver a claim within this period, or within nine months after the date of your injury, you may be barred from making a claim unless you have a reasonable excuse.

If a motor vehicle is unidentified or does not have CTP insurance, then your claim will have to be made against the Nominal Defendant. Strict time limits apply to claims against the Nominal Defendant. The Claim Form must be delivered within three months after the date of the accident, and failure to deliver a notice within nine months after the accident will result in you forever being barred from making such a claim.