- Michael Andersen wrote an article
- Michael Andersen wrote an article
- Michael Andersen published an article
- Michael Andersen wrote an article
Hi there. It sounds as if you have been having a difficult time with your health. If it is the case that the injury you suffered has caused your current health problems, it is not likely that you will be able to get any sort of compensation for them now. This is because there are laws which prevent someone seeking compensation for a wrong if the wrong occurred a very long time ago. This is what is known as a “limitation period”. In Western Australia, the Limitations Act 1935 (WA) provides that there is a six year limitation period for personal injury. Since you said that your injury occurred when you were young, it seems likely that this limitation period has now passed.
Michael Andersen
answered a question
Hit and run motor vehicle collision
Hi there,
For personal injury:
If you suffered injuries in the accident and your accident occurred in Queensland your claim is against the Nominal Defendant when you cannot identify the driver and they just "flee" the scene. Your normal time limits are drastically reduced. Where you normally have 9 months to put the insurer on notice you only have 3 months to notify the Nominal Defendant - go beyond that time frame and its OK you just need a reasonable excuse for delay. But most importantly your 3 year limitation is reduced to 9 months, if you wait longer than 9 months and the car has fled the scene unfortunately you have no right to a claim at all. You must provide the Nominal Defendant with a 'compliant' Notice of Accident Claim form within that time frame.
If you are injured and you did get the rego, even if the car was stolen, that's fine, your claim is against the CTP insurer of the vehicle that was stolen and you have 9 months to notify the insurer and 3 years to bring a claim.
You are welcome to speak to me directly if you need any specific legal advice about other aspects of the claims process.
Regards,
Michael
Michael Andersen
answered a question
third party insurance claim following an accident
Hi there, my specialty is compulsory third party insurance and I am a Queensland based personal injury lawyer. I have a current matter involving a bicycle rider who was badly injured when he mistakenly entered an intersection against a red don't walk sign into the path of a car going through on a green light. He sought legal advice from a major law firm who told him he did not have a claim. I took the matter on because I understand the complex nature of intersection accidents and I presented an argument to the insurer which they understood and agreed with. They have partially admitted responsibility so my client and his family will be receiving some form of compensation. This matter is still ongoing so we haven't valued it yet. In that case my client admitted to being completely at fault however personal injury law is unique in that the normal traffic regulations do not apply and there is an ongoing expectation that drivers of cars will keep a proper lookout and drive safely at all times. I am happy to look at the circumstances of your husband's accident and give you an obligation free opinion about whether I think he will succeed or not.
In personal injury cases there is no up front fee and your legal bill is paid from the money paid by the insurer; we call this "no win no fee"; most firms will charge 25% on top of their legal bill because these cases are risky; my law firm does not charge that 25% uplift fee (the fee is allowed to be charged by law); most firms will also split the money paid by insurers 50:50 after you have paid back (Medicare/Centrelink/Workers Compensation/Private Health etc) and disbursements (legal reports/medical records/barrister fees etc) its called the "50:50 rule"; my firm has a fee guarantee that is below the 50:50 rule to ensure you get the most out of your settlement.
Feel free to speak to me if you are still seeking legal advice.
I hope all is well and your husband is OK.
Regards,
Michael
The Importance Of Saying What You Mean
People need to be careful about how they express the impact their injuries have on their life. Because there is often a difference between what you mean and what you say.It might be acceptable to tell your mates that if it weren't for your bung knee you would have captained the local A grade foot...
The Importance Of Saying What You Mean
People need to be careful about how they express the impact their injuries have on their life. Because there is often a difference between what you mean and what you say.It might be acceptable to tell your mates that if it weren't for your bung knee you would have captained the local A grade foot...