The plaintiff suffered injury to his lower back in a car accident which occurred in 2019, when he was 14 years of age. He was 20 at the time of the trial. The accident was not too serious, but the plaintiff almost immediately started complaining of pain and discomfort in the lower back, which has continued over the years. The…
Plaintiff wins $2.5M in damages
The Supreme Court of Queensland recently awarded $2.5M in damages to a tow truck driver who suffered severe crush injuries. A Mitsubishi bus rolled on him while he was underneath it to try and attach a towing device. Pleasingly, in addition to economic loss damages, the Court award included fairly generous allowances for pain and suffering as well as domestic…
Compensation claim fails against driver of unidentified vehicle
In the recent case of Greentree v Nominal Defendant [2024] QDC 99, the injured plaintiff was travelling along the Bruce Highway at Sippy Downs (Sunshine Coast). He alleged that an unidentified white car overtook him, then veered back into his lane and suddenly braked. This caused the plaintiff to brake, to swerve to the right, over-correct, lose control and veer…
How social media can torpedo a personal injury claim
In the recent decision of Clements v Margalit & Ors [2025] QDC 197, the Queensland District Court ordered that the claimant, Ms Clements, disclose all of her holiday and travel photos and related social media material to the insurance company after she had uploaded some photos from her trips. The plaintiff was involved in a car accident in July 2019.…
The Fine Print That Can Kill Your Injury Claim
Employees beware – when you settle an anti-discrimination or unfair dismissal complaint, you may also be giving up the right to sue your employer for common law damages for personal injury — even if that was never your intention. A recent case before the Queensland Supreme Court (Bakhit -v- Hartley Healy Pty Ltd) involved a former employee who had…
High Court says Plaintiff has right to be cared for at home – costing the defendant an extra $4.9 million
Mr Stewart was a 63-year-old man who lived in a rented house. He was separated and had shared custody of his 14-year-old son. He loved animals and had a dog. In 2016, Mr Stewart experienced nausea and abdominal pain. He sought treatment at the Redcliffe Hospital. The hospital was negligent and caused numerous injuries: bowel perforations, sepsis, cardiac arrest and…
Update: Court of Appeal grants appeal to bring claim brought 19 years after allegedly negligent surgery
A patient underwent surgery at a Caboolture hospital. Since the surgery she experienced many ill-effects and underwent several invasive surgeries to remedy her situation. Many years later she saw a TV program about a whistleblower who had spoken about complications after surgeries at the same hospital. The patient then tried to claim damages, the Supreme Court dismissed her claim.
A case study: injured cyclists’ claim reduced from $401,353.05 to $73,663.91
The plaintiff suffered injuries in an accident when he was riding a bicycle at Palm Beach and was struck by a car. The District Court significantly reduced his damages award. This case demonstrates why it is so important to be truthful with medical experts and also when giving evidence in court.
Medical negligence claim against Moranbah GP
Patient who suffers serious illness after taking antibiotics sues Moranbah GP for medical negligence. We have summarised the Supreme Court’s findings
What is Pain and Suffering in a Personal Injury Claim?
Why is it that some personal injury cases are far more valuable than others? What is the main factor that increases the value of a case? Thanks to US tv shows most people think it’s as simple as juries coming in at the end of the trial awarding huge sums in damages. Or in other words: the more traumatic…
