Personal Injury Compensation

Stacks/Compensation is Snedden Hall & Gallop’s joint venture partner and one of Canberra's leading personal injury firms. Our team is dedicated to assisting those who have been injured in accidents and are committed to providing compassionate, friendly legal support, and to answer your questions regarding your claim.

If you have been injured, we can assist you to receive the compensation to which you are entitled. Our basis for costs and services will be discussed with you at the start of your case, including our 'No Win/No Fee' agreement. We will only charge legal fees (excluding disbursements) if we win your case.

For more information, please call us for a free 30-minute consultation on 1800 23 1800 or email us at info@canberrainjurylawyers.com.au

• Motor vehicle accidents;
  

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  If you are a driver, passenger or pedestrian who is injured in a collision with a motor vehicle in the ACT, and the collision is caused by the negligent driving of a motor vehicle, then you may be entitled to compensation.
  
  If you have been injured in a motor vehicle accident, we can assist you to receive the compensation to which you are entitled. Contact us for a free 30-minute consultation on 1800 23 1800 or info@canberrainjurylawyers.com.au
  
  
• Workers' compensation and Comcare;
  

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  If you have suffered an injury in the ACT in the workplace, or whilst travelling to or from work, you may be entitled to claim workers' compensation from your employer. We can assist you if you are employed by a private employer or by the government.
  
  Comcare is the scheme which provides workers compensation benefits to Australian Government employees, and to the employees of a limited number of other national businesses, such as Australia Post. Comcare provides similar compensation to that provided under the ACT Workers Compensation Act 1951. There are important differences between claims under Comcare and claims under the Workers' Compensation Act 1951, which we will discuss with you.
  
  If you have been injured at work, we can assist you to receive the compensation to which you are entitled. Contact us for a free 30-minute consultation on 1800 23 1800 or info@canberrainjurylawyers.com.au
  
  
• Public liability and sporting accidents;
  

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  In the ACT, a person who suffers injury or loss as a result of someone else's negligence may be entitled to claim compensation. The technical aspects of when liability may arise will vary according to the circumstances of the claim. For example, different rules apply when it is alleged that a government or government agency is at fault, compared to the liability of a householder or individual.
  
  Public liability is a term applying to claims for compensation for personal injuries caused by another party's fault, which is not covered by:
  

  • motor vehicle accident compensation;
  • workers' compensation and Comcare compensation;
  • medical negligence compensation.

  
  At Stacks/Compensation, we have been successful in many public liability and sporting injuries claims, some of which include:
  

  • slip and falls in public places;
  • injuries caused by impure foods or dangerous goods;
  • other transport accidents, such as aircraft accidents;
  • unsafe and unpadded trampolines;
  • skiing accidents where obvious risks were not signposted;
  • go-carting incidents where there was evidence of deliberate breach of the rules;
  • horse riding accidents where there was insufficient supervision for inexperienced riders;
  • product liability: product liability refers to cases where someone is injured or suffers functional loss as a result of defective goods. For example, a faulty brake component in a motor vehicle, which causes a crash; food poisoning from foods purchased at a restaurant or takeaway store; or goods that were described incorrectly when advertised and that do not perform in the way the purchaser expected.

  
  If you have been injured in a public liability or sporting accident situation, we can assist you to receive the compensation to which you are entitled. Contact us for a free 30-minute consultation on 1800 23 1800 or info@canberrainjurylawyers.com.au
  
  
• Defective goods and product liability;
  

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  As consumers, we expect that the products we purchase for ourselves, our families and our homes will be safe to use. We also expect that manufacturers and suppliers will take adequate steps to ensure that the products they supply are free from any defects that could cause injury.
  
  Product liability is a term applying to claims for compensation for personal injury caused by unsafe products.
  
  In Australia, there are three main sources of law in relation to product liability:
  
  

  1. A claim in negligence against the manufacturer of the defective product;
  2. A claim for damages for breach of contract against the supplier of the defective product; and
  3. A statutory right to compensation under the Competition and Consumer Act 2010 against the manufacturer or importer of the defective product

  
  If you have been injured by a safety defect in a product, then you may be entitled to compensation. Contact us for a free 30-minute consultation on 1800 23 1800 or info@canberrainjurylawyers.com.au
  
  
• Medical negligence.
  

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  Medical negligence (also known as malpractice or clinical negligence) claims are those that involve compensation (or 'damages') for people who have suffered injuries that have been caused as a result of inadequate skill or care by their health care provider.
  
  If you have been injured by a health care provider, we can assist you to receive the compensation to which you are entitled. Contact us for a free 30-minute consultation on 1800 23 1800 or info@canberrainjurylawyers.com.au
  
  

• Do I have a claim?
  

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  Motor Vehicle Accident
  If you sustain injuries in a motor vehicle accident and you can prove that the accident was caused by the driver of the other motor vehicle (even if the identity of that vehicle is unknown, for example hit and run) you are entitled to receive compensation or 'damages'. In order for your Compulsory Third Party claim to be successful, it is essential for negligence to be established on the part of the other driver.
  
  Work Injuries and Workers Compensation
  Workers compensation in the ACT is available if you suffer personal injury arising out of, or in the course of, your employment. A successful workers compensation claim will enable you to recover your statutory entitlements – that is, your reasonable and necessary treatment expenses and rehabilitation costs, as well as incapacity payments (i.e. lost wages), and if your injuries are permanent a lump sum amount to compensate you for that permanent impairment.
  
  If your work injury was caused by negligence on the part of your employer or on the part of another party, you may also be able to bring a common law negligence claim. A common law negligence claim will enable you to recover compensation over and above your statutory workers compensation entitlements. For example, you will be able to recover compensation for your pain and suffering and loss of enjoyment of life as well as compensation for any time spent by family members providing care and assistance to you as a result of your injuries.
  
  Comcare Claims
  The Comcare scheme provides workers compensation benefits to Australian Government employees, and to the employees of a limited number of other national businesses, such as Australia Post. Benefits available to injured workers under the Comcare scheme include medical expenses and rehabilitation costs; travel costs in attending treatment; household and attendant care services; aids, appliances and modifications; incapacity payments (i.e. lost wages); and a potential lump sum if your injuries result in permanent impairment which exceeds the threshold. We can advise you regarding your entitlements.
  
  Public Liability Claims
  Public liability compensation is awarded when you have suffered injuries in an accident that occurred in a public place because of someone else’s negligence. For example, a slip and fall in a shopping centre. You may be entitled to receive compensation (i.e. damages) if you can prove that the accident was caused by the negligence of a person or corporation, even if you were partly responsible for the accident.
  
  Medical Negligence
  A medical negligence claim may arise where treatment provided by a doctor, hospital or other health professional falls below an acceptable standard and the treatment (or failure to treat as the case may be) causes an injury or some harm that would not otherwise have occurred (such as the loss of an opportunity to achieve a better outcome). For example, there may be a failure or a delay in diagnosing a condition; a failure to make appropriate referrals; a failure or delay in providing test results; or a failure to undertake a surgical procedure with reasonable care and skill. We can advise you regarding any potential claim and advise you regarding the compensation you can expect to receive if you have a successful claim.
  
  
• Do time limits apply?
  

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  Motor Vehicle Accident
  Yes. For motor vehicle accidents that occur in the ACT, you must notify the Compulsory Third Party (CTP) insurer of the at-fault vehicle that you are making a claim within 9 months of the accident, unless the insurer is the Nominal Defendant, in which case, notice of the claim must be given within 3 months. Under the legislation, if you provide a complying notice of claim to the insurer within 28 days of the accident, you will qualify for payment of your medical treatment expenses up to a maximum of $5,000 even if the insurer has not yet admitted liability. In addition, a strict 3 year limitation period applies, which means that you must either finalise your claim or file court proceedings within 3 years. Different provisions may apply for injuries to children under the age of 18 years. We recommend you contact us as soon as possible after your accident so we can fully advise you of your entitlements and take steps to protect your interests.
  
  Workers’ Compensation and Comcare Claims
  Yes. The ACT Workers Compensation Act 1951 requires an injured worker to tell their employer that they have a workplace injury as soon as possible after being injured. If you are entitled to make a common law negligence claim in addition to your statutory workers compensation claim, a 3 year limitation period applies (i.e. you must either finalise your claim or file court proceedings within 3 years). Under the Comcare scheme, an injured worker must give written notice of their workplace injury to their employer as soon as practicable after they become aware of their injury. We recommend you contact us as soon as possible after your accident so we can fully advise you of your entitlements and take steps to protect your interests.
  
  Public Liability Claims
  For public liability claims in the ACT, notice of your claim must be given to the respondent within either 9 months from the day of the accident or within 4 months of instructing a solicitor, whichever is the earliest. A strict 3 year limitation period applies (i.e. you must either finalise your claim or file court proceedings within 3 years). Different provisions may apply for injuries to children under the age of 18 years. We recommend you contact us as soon as possible after your accident so we can fully advise you of your entitlements and take steps to protect your interests.
  
  Medical Negligence
  For medical negligence claims in the ACT, notice of your claim must be given to the respondent within either 9 months from the day of the accident or within 4 months of instructing a solicitor, whichever is the earliest. A strict 3 year limitation period applies (i.e. you must either finalise your claim or file court proceedings within 3 years). Different provisions may apply for injuries to children under the age of 18 years. We recommend you contact us as soon as possible after your accident so we can fully advise you of your entitlements and take steps to protect your interests.
  
  
• What do I need to prove?
  

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  Motor Vehicle Accident, Public Liability, and Sporting Accidents Claims
  The onus is on you (with our help) to prove all aspects of your claim, on the balance of probabilities. The insurance companies do not have to prove anything except the extent to which you may have been the cause of the accident. We will apply for a police report and talk to any relevant witnesses to ensure we can establish that the other driver or other party was responsible for the accident leading to your injuries.
  
  Workers’ Compensation and Comcare Claims
  We need to prove, on the balance of probabilities, that you were injured in the course of your employment or that your employment or your working conditions were a substantial contributing factor to your injury or disease or aggravation of a pre-existing injury or disease.
  
  Medical Negligence
  Again, you are responsible for proving all aspects of your medical negligence claim, which often depends on expert medical evidence. Essentially we need to prove, on the balance of probabilities that your injuries were caused by the negligence of your treating doctor or hospital. The standard of care in cases of medical negligence has been affected by tort reform legislation and case law in Australia.
  
  
• How is the compensation paid, ie, periodically or in a lump sum and will I have to pay tax?
  

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  Motor Vehicle Accident, Public Liability, Sporting Accidents, and Medical Negligence Claims
  Generally, compensation will be paid as a once only lump sum. Although in some motor vehicle accident cases, the insurer may agree to make interim payments for treatment expenses and rehabilitation costs.
  
  Workers Compensation and Comcare Claims
  A combination of periodic payments and, possibly, a lump sum payment. Tax is payable on weekly compensation payments but not on lump sum payments.
  
  
• How long will my claim take?
  

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  Motor Vehicle Accident, Public Liability, Sporting Accident, and Medical Negligence Claims
  The length of time that your personal injury claim will take depends on the severity of the injuries you have sustained and the type of personal injury claim that you have.
  
  Generally claims conclude within 2 years of the date of the accident, however, your claim will not be finalised until your injuries have stabilised and a long-term prognosis can be made. Of course, if this occurs reasonably quickly, your claim can be finalised sooner.
  
  Workers’ Compensation and Comcare Claims
  The length of time that will be involved in obtaining your workers’ compensation or Comcare depends on many factors. If your claim is not disputed, you will be paid the weekly benefits quickly. If your claim is disputed, the length of time that it takes for you to obtain your compensation depends on whether the dispute is able to be resolved through settlement negotiations or conciliation or whether the dispute needs to be resolved through the Court or Tribunal. We can provide you with advice based on the specifics of your case.
  
  
• Will I have to go to court?
  

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  Motor Vehicle Accident, Public Liability, Sporting Accident, and Medical Negligence Claims
  Over 95% of personal injury compensation cases settle without going to Court. In fact, most claims settle without Court proceedings even being commenced. Settlement conferences and mediation are the most common procedures used to reach settlement. If liability is not disputed, it is more likely your claim will be settled without a Court hearing.
  
  Workers’ Compensation and Comcare Claims
  If your claim is disputed and not able to be settled through settlement negotiations, it can be dealt with in the Magistrates Court (for ACT workers compensation claims) or in the Administrative Appeals Tribunal (for Comcare claims).
  
  
• Who pays the legal costs?
  

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  Motor Vehicle Accident, Public Liability, Sporting Accident and Medical Negligence Claims
  If your claim is successful, the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb, the difference is about one third. If you choose to pay all the disbursements (e.g. fees for medical reports) these will be reimbursed at the end of the case. In the unlikely event that your case is lost, we will not charge any fees but we will seek reimbursement of any disbursements that we have paid. However, if you lose your case the insurance company may seek to recover its costs from you. See ‘No Win, No Fee’ (hyperlink).
  
  Workers’ Compensation Claims
  If you have an ACT workers compensation statutory claim, you are protected from paying any legal fees, with the exception of cases of fraud. We will be paid for our work by the insurance company if your case succeeds. If you lose your case, and it is determined that the whole of the claim was a fraud or sham, the insurance company is entitled to seek an order that you pay its costs for the claim.
  
  If you have a common law negligence claim in relation to your work injury and your common law claim is successful, the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs, which is generally about one third (as a rule of thumb). In the unlikely event that your case is lost, we will not charge any fees but will seek reimbursement of any disbursements incurred by us. However, the insurance company may seek to recover its costs from you.
  
  Comcare Claims
  For claims under the Comcare scheme, legal costs are payable by you. If your dispute is lodged with the Administrative Appeals Tribunal and you win your case, you can expect to recover most of your legal costs from Comcare.
  
  
• What will the insurer pay whilst the case is being prepared?
  

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  Motor Vehicle Accident
  If you lodge a complying notice of claim within 28 days of your accident, the insurance company will pay up to $5,000 of your reasonable treatment expenses.
  
  If the insurer has admitted liability, the insurer may pay your ongoing reasonable medical expenses. If you have been seriously injured, the insurance company may consider paying for services such as paid nursing care or domestic assistance (such as house cleaning or gardening), and in appropriate cases, may pay for home and/or transport modifications.
  
  Workers’ Compensation and Comcare Claims
  If the insurer has accepted your claim, the insurer may pay your ongoing reasonable medical costs and rehabilitation expenses and make incapacity payments. If you have been seriously injured, the insurance company may consider paying for services such as paid nursing care or domestic assistance (such as house cleaning or gardening), and in appropriate cases, may pay for home and/or transport modifications.
  
  If liability has been denied, it is more than likely that nothing will be paid by the insurance company.
  
  Public Liability, Sporting Accident and Medical Negligence Claims
  The insurance company is unlikely to pay your ongoing medical expenses or rehabilitation costs; however, if your claim is ultimately successful, you will be able to recover your full reasonable treatment expenses and rehabilitation costs.
  
  
• Can I go back to work?
  

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  Motor Vehicle Accident
  If you can return to work, you should, provided your doctor certifies that you are fit to do so.
  
  If you were working at the time of the accident, or if you had the potential to earn income and your injuries have stopped you from working or from realising your potential, you are entitled to claim the loss of income or income earning potential from the date of the accident and for as long as your injuries continue to affect your ability to work.
  
  Workers’ Compensation and Comcare Claims
  If you can return to work, you should, provided your doctor certifies that you are fit to do so. Your employer and workers’ compensation insurer should assist you in returning to suitable work.
  
  Public Liability, Sporting Accidents and Medical Negligence Claims
  If you can return to work, you should, provided your doctor certifies that you are fit to do so.
  
  If you were working at the time of the accident, or if you had the potential to earn income and your injuries have stopped you from working or from realising your potential, you are entitled to claim the loss of income or income earning potential from the date of the accident and for as long as your injuries continue to affect your ability to work.
  
  
• What if I am held to be partially to blame for the accident?
  

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  Motor Vehicle Accident, Public Liability and Sporting Accident Claims
  If you were partly responsible for the accident, the amount of compensation you receive will be reduced by the level of your responsibility, for example, 50% your fault means a 50% reduction in compensation.
  
  Workers’ Compensation and Comcare Claims
  Workers compensation is a no-fault system, which means that you can claim workers compensation benefits regardless of whether you or someone else was at fault or even if it was just an accident (but you can't claim if you deliberately self-inflict your injury, if you were under the influence of alcohol or illicit drugs, or if your injury is caused by your serious and wilful misconduct.
  
  
• Will I have to see any doctors?
  

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  Motor Vehicle Accident, Public Liability and Sporting Accident Claims
  You should consult your own doctor as soon as possible after your injuries for advice and treatment in relation to your injuries. The insurer may make appointments for you to be medically assessed by its own medico-legal doctors, especially in the case of serious or persisting injuries.
  
  Workers’ Compensation, Comcare and Medical Negligence Claims
  You should consult your own doctor as soon as possible after your injuries for advice and treatment in relation to your injuries. The insurer may make appointments for you to be medically assessed by its own medico-legal doctors, especially in the case of serious or persisting injuries.
  
  
• Is the insurance company likely to follow me or spy on me?
  

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  Motor Vehicle Accident, Workers’ Compensation, Comcare, Public Liability, Sporting Accident and Medical Negligence Claims
  It is possible that the insurance company will arrange surveillance, however, there is nothing to fear if you act honestly and tell the truth at all times.
  
  
• How often will I need to see you?
  

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  Motor Vehicle Accident, Workers’ Compensation, Comcare, Public Liability, Sporting Accident and Medical Negligence Claims
  We will need to communicate with you regularly to keep you informed about the progress of your claim, to obtain updates on your medical condition, etc. We will contact you when we need to see you.