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Injuries Law Today | July 2007 PDF

Welcome to the Winter issue of Injuries Law Today, published by our firm's Personal Injury group.   To view the articles please click on the headings.

THIS ISSUE

Workplace stress leading to suicide- The rights of bereaved partners

The legal principle that a widow can, obtain compensation if her spouse's workplace stress caused him to commit suicide has been reaffirmed in a recent case run by Holding Redlich in the County Court.

Disentangling physical from psychological

The need to disentangle psychological consequences of the injury from the physical injury itself.

Significant settlement

Settlement for a client who was struck by a car at a pedestrian crossing when he was just 7 years old.

Kerang train crash

The Kerang train crash has had a profound effect upon the entire Victorian community and our transport accident division was involved in assisting one of the worst affected families.

Efficiency a priority

In car accident injury cases, the average law firm takes 61 months from the date of accident to resolve the case either by settlement or court hearing. Holding Redlich however only takes 11 months less than the average to settle or resolve cases.

Group presentation

Lisa Maynard, Penny Flint and Liat Blacher all presented a paper at the Australian Lawyers' Alliance conference in May.

Appointments

Michael Lombard has been appointed to a judging panel of the 2007 Law Institute of Victoria President's Award.

Workplace stress leading to suicide- The rights of bereaved partners

The legal principle that a widow can, obtain compensation if her spouse's workplace stress caused him to commit suicide has been reaffirmed in a recent case run by Holding Redlich in the County Court.

The client's husband had suffered injuries to his back, neck, shoulders, right knee and had also inhaled toxic fumes whilst working at a BMW warehouse. He became depressed by his physical pain and the restrictions it placed on his activities. In addition, whilst at work, the client's husband was sexually harassed by a male colleague stirring up memories of childhood abuse. He became increasingly moody and withdrawn. 

Her husband committed suicide in November 2003 and she consequently claimed compensation for his death as a dependent. The Victorian WorkCover Authority had denied the claim arguing that his suicide was a personal choice, unrelated to his employment.

The court found that at the time of his suicide, the client's husband had been suffering from a depressive illness. His will was so overborne by the depression that the act of suicide was the consequence of his depressive illness and not the exercise of his free will.

The Judge ordered that compensation be paid . Our client  was awarded lump sum compensation in the amount of $202,870, weekly payments for her loss of income support and the reimbursement of the cost of her husband's funeral.

Anyone seeking assistance on death benefit claims is invited to contact Terry O'Brien at Holding Redlich on 9321 9988.

Disentangling physical from psychological

Andrea Tsalamandris and Liat Blacher were successful in a case for a young man who sustained a work injury to his left hip, pubic and groin area. One difficulty in the case was that there was a lack of a clear diagnosis on the part of his medical practitioners. Also, the need to disentangle psychological consequences of the injury from the physical injury itself was raised as an issue in the case by the solicitors for the defendant.

Providing the distinction is increasingly becoming relevant in these types of claims. This case was presented to the Court as only a physical serious injury due to no previous indication that the plaintiff had sustained a psychological illness from his injury to the degree required to claim damages. Doctors for the plaintiff were asked prior to trial to indicate whether or not the injury was physically or psychiatrically based. Overwhelmingly the response was that the young man suffered from a physical injury. The court  accepted that the injury was sufficiently serious to enable him to sue for compensation for the pain and suffering and economic loss suffered by him.

Significant settlement

Michael Lombard and Guy Donovan have recently settled a case out of court for a client who was struck by a car at a pedestrian crossing when he was just 7 years old. He suffered severe head injuries and was left with significant cognitive and co-ordination difficulties. He is now 14 years old and it was considered that he would have trouble finishing his schooling and also finding future employment.

Due to the nature of his injuries and his young age, the settlement for over $750,000 had to be approved by the Supreme Court who will now invest these funds and pay them out as needed for the client's future needs. The young boy's medical and related costs will continue to be paid by the TAC for life.

Kerang train crash

The Kerang train crash has had a profound effect upon the entire Victorian community and our transport accident division was involved in assisting one of the worst affected families.

The family, from overseas, had been to an engagement party shortly before the crash. One of the adult children had been to visit a relative in the country and was returning to the family when he was killed in the crash. This left the family not only devastated but trying to deal with a complicated system they knew nothing about.

Michael Lombard, the partner in charge of our transport accident division was able to visit and help the family understand and deal with the Transport Accident and Crimes Compensation systems.

Efficiency a priority

Holding Redlich has always aimed at providing an efficient caring service to its clients. Recent statistics from the TAC have confirmed that not only is this priority worthwhile but is bringing results for our clients.

In car accident injury cases, the average law firm takes 61 months from the date of accident to resolve the case either by settlement or court hearing. Holding Redlich however only takes 50 months from the accident, on average, to resolve their client's claims, thereby obtaining proper compensation for our clients approximately one year earlier than other firms. This enables clients to progress with their lives without the worry of a major legal action hanging over their heads.

The statistics show that when a serious injury is identified by the TAC, we "get on with it". From when the TAC agrees there is a serious injury, the average time taken to resolve the case is 9 - 10 months. Holding Redlich's transport accident division takes 5-6 months on average to obtain compensation for pain and suffering and loss of income. We are proud to say that our clients are assisted promptly and expediently.

Group presentation

Lisa Maynard, Penny Flint and Liat Blacher all presented a paper at the Australian Lawyers' Alliance conference in May.

The conference paper covered many of the serious injury judgements handed down in the last 12 months with identification of trends pinpointed to assist practitioners. 

Any reader interested in obtaining a copy of the paper should feel free to contact Holding Redlich on 9321 9988.

Appointments

Michael Lombard has been appointed to a judging panel of the 2007 Law Institute of Victoria President's Award. Michael, who is himself an accredited specialist in personal injuries law will help choose an Accredited Specialist who has made a significant contribution to the profession and the community.