Compensation Law, Insurance Litigation, Motor Vehicle Claims and Negligence Claims

Alex Stuart, the firm’s principal, heads up the Litigation Department of Stuart Lawyers. He has had extensive experience in personal injury litigation for more than 15 years, acting on behalf of hundreds of individuals. Such experience includes motor accident claims; workers compensation claims; product liability claims; and medical negligence claims.

Alex Stuart has also given talks to other lawyers and addressed mass meetings, attended by several hundred building workers, about personal injury claims.

Our experience in respect to those suffering personal injuries has been in the following forums:

New South Wales

• Workers Compensation Commission of New South Wales
• District Court of New South Wales
• Supreme Court of New South Wales
• Court of Appeal of New South Wales
• Applications run pursuant to the Motor Accidents Authority Statutory Compensation
• Dust Diseases Tribunal of New South Wales

South Australia

• District Court of South Australia
• Workers Compensation Tribunal of South Australia

Victoria

• Supreme Court of Victoria

Australian Capital Territory

• High Court of Australia

Consulting a firm of solicitors for the first time can be perceived as a daunting experience. Often one of the concerns is whether or not the potential client will be “locked in” or obliged to commit to the firm. It is important to know that such an obligation will not arise with Stuart Lawyers until the potential client enters into a written costs agreement with our firm. This therefore allows a potential client to speak with us over the telephone or see us in person and make their own assessment on a no obligation basis as to whether they would like our firm to act on their behalf.

The first consultation is always free. Following this, if we believe you have a viable claim we may offer to act on your behalf on a “no win, no fee” basis. Different conditions will apply to this arrangement depending on the particular State in which the action is taken and the type of litigation to be commenced.

The first and most important step is for you to make contact with us as soon as possible after you or your loved one has been injured. Time limits for making a claim generally apply in personal injury matters.

After you have contacted us and provided some preliminary information, it is likely we will indicate to you if we are prepared to act on your behalf and if so, we will provide to you an outline of your legal rights.

If you instruct us to pursue your rights we will confer with you at one of our offices; at your home; or in hospital if you have been hospitalised.

Different Court processes apply for different types of claims. We will provide specific advice to you after we know your individual circumstances. We can however say that in our experience, most claims settle out of Court.

If you have suffered an injury as a result of a motor accident (including a car or motorbike accident) you may be entitled to an award of damages or compensation if the accident was the fault (or partly the fault) of a driver or owner of a motor vehicle. This may mean you were the driver of a motor vehicle, a passenger in a motor vehicle; or a pedestrian hit by a motor vehicle.

Even if you cannot identify the person responsible for your injury, you may still be able to pursue a claim.

A dependant of a person who died in a motor accident may be able to make a claim for dependency against the negligent party who caused or partly caused the death.

Depending on your individual situation, you may be able to make a claim for damages including:

• Damages for your pain and suffering;
• Damages for your loss of income;
• Damages for your medical expenses; and
• Damages for the care and assistance you have required and will require in the future as a result of the accident.

It is most important that immediately following the motor accident you report the accident to the police and seek treatment for your injuries. You should then contact us forthwith with a view to lodging your Claim Form.

Very strict time limits apply so it is important you contact Stuart Lawyers as soon as possible after your accident to discuss your potential rights.

If you have been injured at work, or whilst travelling to or from your place of work, you may be entitled to make a claim for workers’ compensation.

It is most important that immediately following your work injury you formally report the incident to your employer. You should also obtain a medical certificate from your doctor in the appropriate form. Your employer should then provide you with a Claim Form which can be filled out. The employer then forwards this Claim Form on to their insurer. Following this, the insurer may well commence paying you weekly payments and your medical expenses.

Depending on your individual situation, you may be able to make a claim for compensation including:

• Lump sum compensation;
• Loss of wages; and
• Medical expenses.

Depending on the circumstances of your accident, in addition or as an alternative to making a claim for workers’ compensation, you may be entitled to make a claim for common law damages against a negligent party that caused or partly caused your accident.

Time limits apply so it is important you contact Stuart Lawyers as soon as possible after your accident to discuss your potential rights.

If you have been injured due to the negligence of someone or something, you may be entitled to make a claim for damages. Such claims would include “slip and falls” and claims involving defective products.

If it is appropriate, you should take photographs of the place where you were injured showing the defect that caused you to be injured. You should also record the names and contact details of any witnesses to your accident. If you have been injured by a defective product, make sure you keep that defective product.

Time limits apply so it is important you contact Stuart Lawyers as soon as possible after your accident to discuss your potential rights.