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Compensation in Australia - a fair go""
The laws in Australia about compensation originally reflected the Aussie idea of a "fair go".
The courts in this country have traditionally said that if I act in a negligent manner which causes you to suffer loss then I should cover you for that loss, whatever it may be. If the repair bill for your car is $10,000 then I should pay you $10,000. If you lose three months from work than I should reimburse you for the after-tax earnings you would have received during that time.So, what is meant by acting in a negligent manner? Again the courts have taken a pretty straightforward approach. I am expected to act in the way that a reasonable person would act. If I'm 10 years old then I'm supposed to act like a reasonable 10-year-old. If I'm a surgeon carrying out an operation, then I'm supposed to act like a reasonable surgeon.
Read More...Compulsary insurance
The only other area in Australia where there is compulsory insurance is to cover people who are injured at work. In the case of work injuries, there are two types of compensation. The first is simply known as workers compensation and that is a basic restricted type of compensation payable to anyone injured at work. The second is compensation where the employer has been negligent. Both types are covered by compulsory insurance.
Non-compulsary insurance
A complex process
Over the years insurance companies have complained bitterly about the cost of paying damages and have put up insurance premiums and occasionally even refused to provide insurance cover. As a result governments in NSW have passed legislation which places a lot of restrictions on the right to claim compensation including thresholds and caps. Other states have done likewise.
The result is the right to claim compensation anywhere in Australia is highly complex and it would be a brave person who would attempt to pursue their rights without the assistance of a lawyer -- and not just any lawyer, but one who specialises in the area of compensation, because the law has become too complex even for a lawyer who doesn't specialise.
One particular thing to remember is that there are time limits for claiming compensation and these vary widely depending upon the type of claim and the state in which the accident occurred. In the early 1970s an attempt was made by the New South Wales government to have one standard set of time limits for compensation claims. Since that time a mass of legislation means that even a lawyer who specialises in compensation has to be very careful to check exactly what time limits apply to any particular accident.
NO WIN - NO FEE! FULL DISCLOSURE OF LEGAL FEES
At Stacks/The Law Firm we don't charge you legal fees unless we win your compensation case. Furthermore, our basis for charging will be discussed with you at the start of the case and any amounts to be deducted for costs will be clearly explained to you before we seek any instructions to settle your compensation case. One of the important matters always taken into account in determining costs is the net amount of compensation which you will receive.We specialise in providing expert legal representation in the area of insurance litigation and compensation law.
The Stacks Compensation Law User Group has been established across all of the Stacks/The law Firm offices. This means that compensation law specialists from 20 offices in NSW and QLD can regularly come together via conference calls and face-to-face meetings to share common precedents, pool resources and collectively problem solve. This is a real benefit to individual clients, who receive a consistently high level of service.
Nearest Stacks Offices:
The firms listed below have an in-house specialist in this area.
Nearest Stacks Specialists:
Below is a list of specialists in this area, nearest to you:
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