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PERSONAL INJURY SOLICITORS TAREE

A serious injury has far-reaching implications, impacting your physical and mental wellbeing, mobility and quality of life, as well as your finances. If you have suffered a serious injury because of someone else’s negligence or hostile actions, you may be entitled to monetary compensation to cover your losses and the cost of getting well again.
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MEET YOUR LOCAL TAREE PERSONAL INJURY LAWYERS

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Justin Stack

Managing Director

Taree

“Having suffered a serious injury, your focus should be on your recovery, not on how to pay the medical bills or keep food on the table. With decades of experience in personal injury law, we are the solicitors Taree and Manning Valley locals know and trust to help get them back on their feet.”

Personal injury is one of the most complex areas of law in Australia, yet it perhaps has the potential to make the biggest difference to people when they need it most: when they are in pain, have had their activities suddenly restricted, and are apprehensive about the future for themselves and their family.

From workers compensation claims arising out of our district’s farms and factories, to public liability claims in major townships like Taree and Wingham; from claims relating to faulty products or medical negligence, to accidents on the road or while travelling abroad; Stacks Law Firm, Taree has helped countless locals to secure compensation to cover the financial cost of recovering from a serious injury.

While our home base is the Manning Valley, over the years our reputation as caring and professional personal injury lawyers has spread across the regions, so today many people from places further afield like Dubbo, Orange and Tamworth also come to us when they have been injured and need to make a compensation claim.

And our no-win, no-fee promise means that in the rare event we can’t achieve a successful outcome for you, then you won’t pay us a cent in legal fees. So, you have nothing to lose and everything to gain by contacting us today for an obligation-free consultation.

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    Injury and illness types

    In today’s fast-paced world, illnesses and injuries can be extremely costly, not just in terms of the medical costs for any required treatment and rehabilitation, but also in terms of financial losses from your potential inability to work and earn an income.

    Personal injury law in Australia entitles you to compensation if you suffer an illness or injury at work, in public, in an accident, or due to someone else’s negligence (whether an individual or a company).

    The expert personal injury lawyers at Stacks Law Firm, Taree can help you understand your rights and receive the highest amount of compensation available, regardless of the nature of your injury.

    Amputation

    Suffering a part or whole amputation is an extremely traumatic experience. Injuries of this type often happen suddenly. They can be the result of machinery or road accidents, infection, or surgical complications. The long road to recovery often involves not just medical care and rehabilitation, but psychological treatment as well.

    You may be entitled to compensation to help pay for your immediate and ongoing medical costs, rehabilitation, lost income and direct changes in your cost of living.

    Brain/head injury

    The loss of any function of the brain resulting from a brain or head injury can lead to serious impairment, disability and a significant reduction of your physical and cognitive abilities.

    There are two main categories of brain injury:

    • Acquired brain injury (ABI): An ABI is any type of damage to the brain that occurs after birth, including from a stroke, infection in the brain, use of alcohol or other drugs, or diseases of the brain.
    • Traumatic brain injury (TBI): A TBI is a type of acquired brain injury resulting from direct force applied to the head, such as in an accident, or being hit on the head by a person or object.

    If your brain injury is the result of someone else’s negligence, carelessness, incompetence, or a deliberate attack on you by another person or persons, then you may have a case for compensation.

    The amount of compensation you may be entitled to will be based on various factors, which is why claims of this type are assessed on a case-by-case basis.

    Broken bones and fractures

    Broken bones and fractures, in most cases, heal quickly with no major complications. However, sometime a broken bone can lead to ongoing problems, such as chronic pain, loss of mobility, permanent deformity of a bone or limb, or in severe cases, an inability to return to work.

    The break may have been caused, for example, by slipping on liquid in a public place, by a faulty piece of machinery or equipment, or by playing sport.

    Chronic pain

    Chronic pain is a serious condition which can adversely affect your health, mobility, wellbeing and ability to work, as well as your overall quality of life. Chronic pain can also have lasting psychological effects, causing feelings of depression, anxiety and sadness.

    It can also be extremely costly to you, with months and years of medical expenses adding up over time and affecting your ability to pay for your living expenses.

    Chronic pain can be caused by a range of different incidents and accidents, including:

    • Whiplash sustained in a car accident 
    • Other spinal injuries
    • Head injuries
    • Nerve damage

    If your chronic pain is a direct result of an accident or injury where you were not at fault, and you are suffering from ongoing negative repercussions in your life or work, you may be able to claim compensation.

    Psychological injury

    Depression, anxiety, post-traumatic stress disorder (PTSD) and other psychological disorders can be severely debilitating and affect not only the person suffering from them, but also their family, friends and the people around them.

    Psychological injury can also have an impact on your work and your ability to earn an income. In fact, research suggests mental illness is now one of the leading causes of disability among Australian workers.

    Under the law, mental illnesses are also recognised as injuries in the workplace, meaning the same duties of care apply. In instances where a duty of care has not been fulfilled, directly causing you to develop a mental illness or emotional disorder, you may be entitled to compensation.

    This includes psychological injury resulting from prolonged excessive workloads, bullying or harassment by your boss or another colleague.

    Hearing loss

    Hearing loss is a common condition, yet it can be more physically and emotionally debilitating and isolating than people realise. It is now a well-recognised and frequent problem in many workplaces, and there are systems in place which allow people to make claims for compensation relatively easily.

    If you have hearing loss that has arisen because of exposure to loud noises in the workplace, including from vehicles, machinery and equipment, you may be eligible to receive workers compensation from your employer's insurer. Your hearing loss will need to be confirmed in an assessment by an ear, nose and throat (ENT) specialist doctor.

    If you have been found to have 20.5% or more binaural hearing loss (both ears combined), you would instead complete a permanent impairment claim form. You may also claim for permanent impairment if you have 6% binaural hearing loss which occurred before 1 January 2002, or if you are a police officer, paramedic, firefighter, volunteer bush fire fighter or emergency services volunteer.

    Nervous shock

    Nervous shock is a legal term, not a medical term. It refers to cases where someone suffers a psychiatric illness resulting from witnessing something distressing or traumatic, for example:

    • Witnessing a motor vehicle accident that resulted in serious injury or death
    • Being involved in an accident or incident where other people were physically harmed
    • Witnessing a serious accident in the workplace, regardless of whether you were directly involved

    Suffering from nervous shock can create a lasting negative impact on your overall health and wellbeing, and it can be difficult to get back to living life normally without proper medical or psychiatric treatment. These can cost significant amounts of money, as well as leading to loss of income through interruptions to your work.

    If you have witnessed or been involved in a traumatic event or accident and have suffered mental and emotional harm as a result, then you may be entitled to compensation for a nervous shock claim. These claims are more complex than other types of serious injury claims, so it is highly advisable to seek specialist legal advice.

    Pain and suffering

    If you were hurt in an accident or suffered a catastrophic injury, you may be entitled to claim compensation for pain and suffering. This can be awarded as damages for the detrimental effect the injury has had on your life. Pain and suffering are also referred to as “general damages” or “non-economic loss” (NEL).

    Pain and suffering are important components of a compensation claim. Particularly for people who cannot claim wage losses, such as young people, retirees or the unemployed, pain and suffering often comprises the largest part of their compensation claim. It can include the factors below.

    • Actual pain and suffering
    • Future pain and suffering as a result of the accident
    • Inability to participate in former activities, such as sports or hobbies
    • Impacts on functional capacity
    • Psychological injuries, such as stress, depression or post-traumatic stress disorder (PTSD)
    • Loss of enjoyment and amenity of life
    • Disfigurement

    Your ability to make a claim for pain and suffering depends very much on the circumstances surrounding the incident in which you were injured. Also, different jurisdictions deal with pain and suffering claims differently.

    For example, cases related to workers compensation, motor accidents, common law, the Civil Liability Act, Australian Consumer Law and pure mental harm have various caps and thresholds that modify or limit claims for pain and suffering compensation.

    Calculating a claim involves analysing a range of factors to assess where on the scale your particular injury lies.

    • Severity of the pain and suffering, injury or damages
    • Any pre-existing conditions, disabilities or other factors that may have an impact on your life, particularly in the future (for example, pre-existing degenerative conditions)
    • How the injury has affected your life
    • Past and future treatment required as a result of the injury, particularly where that treatment may be painful, invasive or distressing
    • Inability to perform various tasks and functions
    • Primary and consequential psychological difficulties, such as adjustment disorders, post-traumatic stress disorder (PTSD), anxiety and depression
    • Your age and life expectancy

    Because there are many different laws governing personal injury and every case is unique, it is highly recommended you seek legal advice to determine whether you are entitled to make a claim and how to do so, to ensure that you receive the maximum possible compensation for your situation.

    Spinal, neck and back injury

    Spinal injuries can be among the most serious and debilitating injuries anyone can sustain. The severity of the impact on a person will depend on how and which part of the spine is injured.

    If you’ve suffered from a spinal injury, you may suddenly find yourself with a severe lack of mobility, leaving you unable to perform everyday tasks, care for your children, or go to work.

    This is understandably a heartbreaking time for you, and while monetary compensation will not necessarily fix the problem, it can take a significant amount of pressure off in terms of covering your medical expenses and living costs.

    Medical negligence claims

    Medical negligence, also sometimes called medical malpractice or clinical negligence, is when you have not been provided with a reasonable standard of care in a medical facility or by medical personnel.

    Any injury or illness resulting from carelessness is considered professional negligence on the part of the healthcare provider. This can be an action they took that caused harm, or a failure to act when they should have.

    If you have not received a reasonable standard of care, the specialist compensation solicitors at Stacks Law Firm can help you claim the compensation you are entitled to – and rightly deserve.

    Read more about our Taree medical negligence lawyers and how to make a claim.

    Motor vehicle accident claims

    Hundreds of people tragically die on Australian roads each year, with many more injured – often severely. In addition to the medical injuries and restricted quality of life, the bills pile up too, including medical and counselling expenses and loss of income.

    For generations, Stacks have been the solicitors Taree locals have turned to for help to recover from a road accident. And we can help you too if you have been involved in any of the following.

    • Car accident
    • Cycling accident
    • Motorbike accident
    • Pedestrian accident
    • Public transport accident

    We can also support you to seek compensation for a fatal road accident where you have lost a close family member.

    Read more about our Taree motor vehicle accident lawyers and how to make a claim.

    Product liability claims

    While a defective or faulty product is usually just an inconvenience, it has the potential to cause injuries, sometimes serious ones. This can happen with any product, no matter how much it cost.

    Faulty items which most commonly result in injuries include:

    • Faulty electrical items which cause electric shock injuries - this can include devices like phone chargers, power point outlets or computing equipment
    • Mechanical faults in appliances, white goods, furniture or tools
    • Children’s toys which have broken and injured a child

    If you or someone in your family has been injured by a product you assumed was safe, you may be entitled to monetary compensation to help pay for your medical costs and to account for your suffering.

    Stacks Law Firm, Taree has specialist personal injury lawyers who have dealt with countless product liability claims. We can put together a strong case and help you claim as much compensation as possible.

    Public liability claims

    Personal injury law in Australia protects you if you were injured on public property or in a public area, in an accident that was not your fault. Public liability claims can cover a broad range of accidents, including the following.
    • Slip and fall on public property (or private property if faulty workmanship can be blamed)
    • Accidents which occur on school grounds, university grounds, or public recreational areas (parks, sporting events, amusement parks, children's playgrounds)
    • Dog attacks
    • Food poisoning
    If you or a family member have suffered a personal injury on public property and wish to make a public liability claim, the experienced team of personal injury and compensation lawyers at Stacks Law Firm, Taree can help. 

    Sexual abuse claims

    Sexual abuse is a serious crime involving a severe breach of your trust, sometimes by someone close to you. The trauma can have lingering effects, including ongoing pain, disability, psychological health impacts and potential loss of income, due to your ability to work being severely impaired.

    While monetary compensation does not necessarily ease your physical and emotional pain, it can go a long way in helping you cover your medical expenses and lost income while you seek professional and medical support to start the healing process. Your claim may fall into one of the following categories.

    • Sexual abuse claims – perpetrated either by someone you know or a stranger
    • Domestic abuse claims – also including emotional and physical abuse
    • Child abuse claims – abuse of a minor

    The sensitive lawyers at Stacks Law Firm, Taree have decades of experience assisting people making sexual abuse claims. We can help make the process as stress-free for you as possible, while protecting your confidentiality and helping you get the full compensation you deserve.

    Superannuation / total and permanent disability (TPD) claims

    Suffering a permanent disability can be devastating for you and your family – financially as much as physically and emotionally. Making a Total and Permanent Disability (TPD) claim under your superannuation can ease the financial burden.

    A TPD claim is a lump sum insurance payment which can be used to help with medical costs, and to provide future income if you can no longer support yourself. However, making a successful claim is not a simple process, especially if you don’t have legal support on your side.

    Our experienced compensation lawyers at Stacks Law Firm can help you to with all aspects of your claim.

    • Determining whether you are covered for death or disability under your compulsory superannuation scheme – even if you have already received compensation or damages following an accident. (This is one area where you are allowed to “double dip”, because your rights under the superannuation scheme are rights you have paid for with a premium deducted from your superannuation fund.)
    • Compiling the necessary evidence and documentation to make a compelling claim
    • Managing any disputes with the insurer
    • Securing a full and fair compensation payment that is in your best interests

    Travel accident injury claims

    A travel accident occurs when you are injured while travelling or overseas. Being injured overseas can be more complex than if you suffered the same injury in Australia, for a number of reasons.

    • Differing medical systems and costs
    • Losses incurred through disrupted holiday or travel plans
    • Different legal systems
    • Potential language barriers
    • Needing to be medically repatriated back home (if necessary)

    Equally, being injured in Australia when you are visiting from another country is also very stressful.

    If you are injured while holidaying overseas, you may be able to claim compensation. It is usually necessary to prove fault by a third party.

    Our specialist travel accident lawyers at Stacks Law Firm, Taree can help. We speak a number of languages and have experience making successful claims in many countries, as well as through various travel insurers. If necessary, we can arrange a professional translator or interpreter to ensure you are fully informed and advised at every step.

    Workers compensation claims

    Being injured at your workplace, during any travel you do for your employment or during a work break entitles you to workers compensation. An injury can be physical, mental or psychological (such as severe stress or feeling overworked).

    Workers compensation also covers you if the primary income earner of your household has died or becomes severely injured due to a workplace accident.

    Stacks Law Firm, Taree have long been the go-to solicitors Taree residents have relied on in times of need. We can support you to gather evidence, lodge your claim and advocate for a full and fair payout to cover your ongoing medical bills and loss of income.

    Read more about our Taree workers compensation lawyers and how to make a claim.

    Compensation to relatives claims

    Losing someone close to you is tragic and devastating. The situation can be even worse if you were financially dependent on that person. If their death was caused by the negligence of another party, you may be able to claim compensation.

    A compensation to relatives claim can consist of a number of components.

    • Economic losses, including lost wages, earnings and superannuation
    • Medical and funeral expenses
    • Your own claim, if psychological injuries – such as depression or post-traumatic stress – were sustained by you or by other family members of the deceased as a result of the shock of your loved one’s death

    How much compensation can be claimed on the death of a loved one depends on the circumstances of how they were injured, which can also affect which legislation will apply.

    Typically though, compensation to relatives in NSW is governed by the Compensation to Relatives Act. Courts have broad powers in determining how compensation to relatives claims are assessed. 

    Our experienced team of personal injury solicitors at Stacks Law Firm, Taree can help you navigate this sensitive situation to ensure your grief isn’t compounded by undue financial stress.

    Reviews from our clients

    Rebecca Pullin
    Very happy with the service we received from Josh and the team from the wills and estate department. Highly recommend!
    Joanne O'Hara
    100% recommend Josh, Kristy-Lee and Sandra on dealing with wills and estates. Along with being very professional, they are super friendly and helpful. No question is to much trouble to answer and everything explained in an easy to understand way. They helped make a hard time easier to deal with.
    Amy Neal
    I highly recommend Stacks law firm, the communication, kindness and trust of all involved in my matter has been fantastic from start to finish.
    Justin and his colleagues have gone above and beyond for myself in my matter .
    I highly recommend this firm.
    I would like to thank all involved for resolving my matter.
    Thankyou Justin for your concern and time over the past couple of years .
    owey 122
    great service, highly recommended
    Ronnie Gillard
    Justin was very helpful through the matter, and very honest about everything.
    Would recommend.
    Norm Graetsch
    Have dealt with Stack's Law Firm,Taree and all I can say the service given by Josh Crowther and Elise Slattery has been impecable,If the occasion should arise again I would not hesitate to use their services again and I would recommend their services to anyone else.
    Leesa Smith
    I would strongly recommend Stacks Law Firm for any legal matters. They were fantastic to deal with and kept us updated on the process every step of the way. Most importantly, we won the case with the compensation we were hoping for.
    CamA C
    I contacted Joshua Crowther at Stacks Law Firm Taree. He is quite busy, which is a good thing, though he quickly found time for me to speak with him. I recommend him to anyone needing advice from an Accredited Specialist in Wills and Estates in NSW. At a stressful time, when you need to be informed of the Law and your rights, you need a knowledgeable and understanding expert and his advice is indispensable.
    Kathy Smith
    Justin’s friendly professional manner made me feel at ease from the word go.
    He explained the upcoming procedures with clarity and I had ample opportunity to ask questions.
    I am extremely pleased with the outcome due to Justin’s perseveration and commitment.
    Trish George
    I would use Stacks Law Firm again. They are very helpful and patient when going through a claim.

    FREQUENTLY ASKED QUESTIONS

    The first thing you should do after being injured is seek medical treatment and give your doctor as many details as possible about how you were hurt. Keep all receipts from medical bills and records of doctor’s visits. 

    Where relevant, take photos of your injuries, as well as photos of where the injury occurred, if possible. (Photos taken with your phone are perfectly acceptable.) The more evidence you can compile, the better the case your personal injury lawyer will be able to present.

    Don’t worry if you can’t get or don’t have all of these things; Stacks Law Firm, Taree will still be able to build a strong case for you.

    Time limits vary considerably depending on the type of claim you are making. 

    For example, product liability claims generally have a strict three-year time limit for making a claim under the Trade Practices Act and the court has no power to extend that time limit. 

    Meanwhile, claims for a death or disability benefit under a superannuation scheme are not subject to the same time limits as other types of personal injury claims. Unless there are specific time restrictions within the superannuation policy itself, you can make a claim within six years of your right commencing. 

    As a claim for disability may be a continuing claim, you can claim under the policy as long as you remain disabled. If you cease to be disabled, you can claim benefits for the previous six years.

    Given the varying time limits involved, we recommend speaking to one of the experienced compensation lawyers at Stacks Law Firm, Taree as soon as possible, to ensure your claim is lodged within the relevant timeframe.

    Under the Civil Liability Act 2002, you are financially protected if you receive an injury due to another person’s or organisation’s negligence, or failure to take a “reasonable amount of care”. You must be able to prove that the owner or manager of the property or facility on which you were injured was negligent. 

    For example, if you slip and fall in a supermarket due to a puddle of spilled liquid which has not been cleaned up by staff, this could be considered negligence on the part of the company that owns the supermarket. 

    The Civil Liability Act covers injury, loss or damage to property, economic loss, or death which occurs on public property, or because of defective products or services.

    If you are injured by goods you have purchased, you have options in pursuing a claim. These can be related to:

    • Negligence by the person or company that sold you the goods
    • Negligence by the product’s manufacturer

    To sue a company, you can rely on the Commonwealth Trade Practices Act, which gives a lot of rights to consumers.

    Suing an individual may involve several statutory rights under state legislation. In NSW, you would rely on the Fair Trading Act.

    To sue a manufacturer, you can give notice to the company which sold you the goods, requiring it to tell you the name of the company where it purchased the goods. If you don’t get a response within a fixed time, the company which sold you the goods is deemed to be the manufacturer. There are numerous requirements of manufacturers under the Trade Practices Act.

    Your personal injury lawyer at Stacks Law Firm, Taree will assess your case carefully and advise you on which option is the most appropriate for your particular situation.

    Most states now allow you to make a public liability claim against the owner or occupier of sporting facilities, if you believe that a lack of duty of care on their part has led to your injury. 

    In NSW, this is typically done through the icare sporting injuries insurance scheme.

    Stacks Law Firm, Taree can help anyone who has suffered an injury or illness abroad, where someone else was at least partly at fault. Our experienced personal injury lawyers will help you understand the process involved and your rights to compensation arising from this event.

    Specifically, we can explain:

    • What you need to do to lodge a claim
    • Which country’s law applies to your claim
    • Any time limits which may apply
    • Who pays the legal fees
    • What the claim is likely to involve

    The laws of the foreign country where the accident occurred often apply to some aspects of the claim, such as the time limit that you have to bring a claim. It is important to seek legal advice early, as this time limit can be as short as six months.

    If you have been injured abroad, the first thing to do is seek medical treatment and not let stress overwhelm you.

    While you are still in the foreign country, gather as much information about the accident as possible. Regardless of how serious your injury seems to be, there are important steps you should take before leaving the country, including:

    • Reporting the accident to the relevant authorities
    • Gathering as much information about the accident as possible, including photos
    • Obtaining names and contact details of any witnesses
    • Getting copies of the police report
    • Bringing home copies of your foreign hospital records

    You can also contact us at Stacks Law Firm, Taree while you are overseas, either by email or phone. We can give you a detailed checklist of what you should do before returning to Australia.

    Depending on the circumstances of the accident, you may be able to bring the claim in Australia or in the country where the accident occurred. Your personal injury lawyer can advise you of the advantages and disadvantages of the options available to you and guide you through the legal process for whichever option you choose.

    Cruise ship accidents can be complex, as the laws that apply to cruise ships both in port and on the high seas are different to the laws that apply if your accident occurred in Australia. 

    To further complicate matters, international maritime conventions may apply, depending on where your cruise ship is registered and who the cruise operator is.

    Injured cruise ship passengers will often also have a claim under the terms of their holiday contract and the Australian Consumer Law, as well as in negligence. These claims can be complicated, as different countries’ laws can apply.

    The personal injury lawyers at Stacks Law Firm, Taree have assisted many clients who have been injured in cruise ship accidents, including in the following scenarios.

    • Slips on food and drink spillages
    • Trips and slips on wet decks and in communal areas
    • Accidents during shore excursions
    • Accidents occurring while boarding or disembarking the ship
    • Injuries caused by fixtures and fittings on the vessel

    As cruise ships are constantly moving from port to port, site inspections and evidence gathering can be difficult. It is therefore helpful if you can gather as much evidence as possible before disembarking. We recommend that you take the following steps.

    • Report the accident
    • Ask for a copy of the accident statement
    • Take photographs of the accident location
    • Take the names and contact details of witnesses, including cruise ship employees

    If you are unsure about what to do, call or email us for initial advice on how best to proceed.

    Many airline passengers have a right to compensation without having to prove negligence. However, these claims are not straightforward, as international conventions often apply, which incorporate specific criteria that airline passengers must fulfil.

    Fortunately, while aviation tragedies are rare – especially in Australia – airline passengers on domestic and international flights are often injured either onboard the aircraft, or while boarding or disembarking. Stacks Law Firm, Taree has assisted clients injured in the following situations.

    • Trips and slips in airport concourse areas
    • Trips in passenger jetways, tunnels and bridges while boarding or disembarking
    • Defective plane seats
    • Head injuries from falling objects, such as from overhead lockers
    • Burns from spilt hot drinks
    • Injuries caused by refreshment trollies
    • Cuts from defective fixtures and fittings

    Our personal injury lawyers have also represented the families of deceased passengers following domestic and international air tragedies.

    Flight accidents often have a shorter time limit for bringing a claim than other types of personal injury claims. For this reason it is important to seek expert legal advice as soon as possible.

    If you are a foreign national injured while visiting Australia, Stacks Law Firm, Taree can assist you by explaining Australian law and helping you get the compensation you deserve.

    Overseas visitors who are injured in Australia are generally entitled to receive compensation under Australian law, even if they have already returned to their own country.

    Our expert personal injury lawyers can arrange appointments with you while you are overseas and can travel to see you overseas, as well as and meeting with your family, doctors and carers to obtain statements and information needed to pursue your claim.

    Even if you are partly at fault, you may still be entitled to compensation. Contact one of our personal injury lawyers as soon as possible if you are unsure about who may be responsible for your accident.

    Regardless of who was at fault, we recommend you gather evidence and provide us with as much information as possible about the accident, so that we have all the facts at hand to help you.

    You can make a claim for a total and permanent disability (TPD) benefit under your superannuation scheme without the assistance of a lawyer. However, if the claim is disputed by the insurer, then you will need legal assistance. 

    Insurance companies are very experienced at disputing such claims and their claims officers are backed by lawyers who specialise in this type of work. It gives insurers a huge advantage if you don’t have any legal support.

    The TPD lawyers at Stacks Law Firm, Taree have considerable experience in lodging claims for disability benefits, because it is not unusual for accident victims also to have rights under their compulsory superannuation scheme.

    TPD insurance policies typically assess claims under one of two tests:

    • You are not capable of earning income, by way of personal exertion from any occupation for which you are reasonably suited by reason of education, training or experience.
    • You are not capable of earning two thirds or more of your average monthly income by way of personal exertion.

    The second is a much more reasonable test, because it would be unfair if, for example, a specialist doctor who was disabled in an accident couldn’t recover disability benefits because he or she was capable of working as, say, a petrol station attendant.

    However, both tests are still quite vague, leaving considerable room for interpretation. Opinions can vary about the work for which you are “reasonably suited” by your education, training or experience.

    Insurance companies typically take a hard line in relation to claims of this type. Once someone is entitled to a disability benefit, the insurer is concerned that they may prefer an idle life and resist returning to work.

    Once you make a claim for a disability benefit, the insurer will normally refer you to a medical specialist. Such specialists tend to take an unsympathetic approach. If the specialist can identify some sort of work which you are capable of doing, the insurer will rely on this to refuse the disability benefit.

    However, just because the insurer refuses your claim based on their doctor’s report, does not mean that your options are exhausted. Our experienced compensation lawyers can employ other tactics.

    • We can refer you for reassessment by a specialist with a reputation for being more even-handed in these matters.
    • If that specialist concludes that you are not fit for work for which you are reasonably suited by your education, training or experience, we can commence legal proceedings for an independent judge to determine whether the insurer was reasonable in refusing your claim.

    Once legal proceedings have been commenced, it is not unusual for personal injury claims to be settled by means of a compromise. In fact, where there is a genuine dispute between opposing medical specialists, claims are normally settled in this way.

    Sometimes our medical evidence is so strong that we advise you not to compromise at all, in which case the matter may well proceed to court – unless the insurer gives up, as they sometimes do.

    A coronial inquest is an investigation into the cause of somebody’s death. In NSW, the Coroner’s Court will call for a coronial inquest in any circumstance where the cause of death is uncertain or was the result of anything other than natural causes. 

    The inquest itself is a court hearing in which the coroner examines evidence to determine the cause of death. Inquests are open to the public, so anybody can attend. 

    If your family member’s cause of death is being investigated, there are good reasons why we recommend getting legal advice as early as possible from our specialist team at Stacks Law Firm, Taree.

    • Evidence gathered in a coronial inquest may be used in a subsequent personal injury compensation claim. Having your lawyer present will ensure all the right questions are being asked, and the necessary evidence is gathered for later use in the compensation claim. Our goal is to gather as much evidence as possible, to allow you to make a strong compensation claim after the conclusion of the inquest.
    • Sometimes a lawyer must attend to help determine who the defendant should be. 
    • If you or your family members wish to ask questions of the witnesses at the hearing, you can have your solicitor attend with you (or in your place) and ask questions on your behalf. Alternatively, your family can appoint a single family member to act as a representative and ask questions for the family. Families can also ask questions through the counsel assisting the coroner (the coronial advocate).

    Your lawyer will be able to advise whether it is necessary for them to attend the coronial inquest.

    The length of an inquest can vary widely. It will depend on how complex the case is and how many witnesses need to be called to give evidence. Some inquests take a couple of hours; others can take many weeks or even months. 

    Before the inquest begins, you will be provided with an estimate of the length of time it will take. However, this may change, and the inquest may finish earlier or later, depending on the findings and evidence arising during the proceedings.

    The Compensation to Relatives Act determines who can make a claim regarding the wrongful death of a relative. The parties may include the spouse, children and any other close relatives of the deceased, or anyone who was financially dependent on the person at the time of their death. Only one action is permitted. 

    Once damages are determined, the amount will be divided among the parties to the action, in amounts to be decided by the court.

    If your claim is unsuccessful, you may still be required in certain circumstances to pay the professional fees and disbursements incurred by your opponent. Because Stacks Law Firm, Taree operates on a no-win, no-fee basis in personal injury matters, if your claim is unsuccessful, you will not be charged any legal fees.

    The principle behind the loss of financial support is that the relative would have expected to derive a benefit from the deceased, had the accident not occurred and had the deceased lived.

    Compensation to relatives claims can cover:

    • Economic losses, such as lost wages or earnings (including pensions) and superannuation
    • Costs incurred through medical and funeral expenses

    This financial benefit can be claimed into the future. It does not need to be based on a legal entitlement, but simply that you as the claimant had an expectation of voluntary contribution from your deceased spouse or relative.

    Compensation to relatives claims can cover domestic services, household chores and maintenance, babysitting or other services that had been provided by the deceased. If the deceased had trade qualifications, the commercial value of those services could be claimed, given that they would have been carried out by the deceased at no cost to the relatives.

    Compensation to relatives can also include nervous shock claims, which are for psychological injuries sustained by family members because of their relative’s death. Claims for nervous shock can similarly cover economic and non-economic losses, for your own medical expenses and lost earnings due to your relative’s death.

    Establishing dependency claims can be complicated. 

    The first step is to calculate the probable earnings of the deceased. This is calculated in a similar way to economic loss in any personal injury matter. 

    The second step is to establish the dependency of the claimants on the deceased relative’s income, taking into account children under the age of 18 and the length of time they will require support.

    From here, there are several methodologies used by the court. One of the most common is to rely upon the average expenditure of all groups in the Household Expenditure Survey performed by the Australian Bureau of Statistics. 

    However, where the deceased’s income is significantly higher or lower than average, an alternative method could be considered. This may involve referencing payments made from the deceased’s estate following their death, or by providing an established history of expenditure supported by financial records, such as loan or mortgage repayments and bank statements.

    Stacks Law Firm, Taree can help you to determine the best method for calculating dependency claims, based on your relevant circumstances.

    In considering the loss of financial benefits you have suffered, you will need to offset any “benefits” that you have obtained as a result of the death. This usually includes any amounts received from the deceased’s estate.

    For example, if your dependency claim equates to $400,000, but you received $300,000 from the estate, your dependency claim will be reduced by $300,000. So, your claim would be $100,000.

    Similarly, if you receive financial support from a third person, such as a new spouse, this financial benefit must be offset against the amount of the loss you claim arising from the death.

    Ordinarily, benefits received by dependents following a death must be taken into account when calculating the dependency claim. 

    However, this excludes insurance policies and superannuation payouts, whether they are from a life insurance policy, income protection, life assurance or payment from a superannuation fund. 

    These payments are not treated as estate benefits or third party payments. This means that receiving such payments will not reduce the amount of damages you can claim.

    In accordance with a number of court decisions, including the High Court in Parker v Commonwealth and other similar authorities, the general rule is that no deduction is made to a spouse’s damages claim in relation to the transfer of a matrimonial home owned by the deceased. 

    This is because the remaining spouse merely continues to enjoy as an owner what he or she previously enjoyed as a spouse.

    There are some exceptions to this rule, so it is important to seek legal advice before making a claim.

    When you engage Stacks Law Firm, Taree as your personal injury lawyers and we agree to act for you on a no-win, no-fee basis, we will not charge you any professional fees – the fees we normally charge for work performed by us – unless we achieve a successful outcome for you. 

    In most cases, we will also pay disbursements throughout the claim, which are the out-of-pocket expenses that need to be paid to other people on your behalf in order to progress your claim, such as fees to doctors for medical reports.

    If your claim is unsuccessful, you may still be required in certain circumstances to pay the professional fees and disbursements incurred by your opponent. However, we will not pass our costs of service on to you.

    If you decide to stop your claim or move your claim to another law firm, you may need to pay the costs of running your claim up to that point.

    Before we start any work on your behalf, we will provide you with information about the estimated costs of our legal services and the payment arrangements which apply in your case, as well as explaining how our fees are calculated. This information will be set out in a written Costs Agreement which we will discuss with you and ask you to sign before we start work on your claim.

    We assess each enquiry on a case-by-case basis and will normally agree to act in a personal injury case against an insurance company on a no-win, no-fee basis when we believe that the case is reasonably likely to succeed.

    We typically offer to act on a no-win, no-fee basis for compensation claims in the following areas:

    • Motor accident claims
    • Public liability and compensation claims
    • Workers compensation claims
    • Medical negligence claims
    • Product liability claims
    • Superannuation and TPD insurance claims
    • Other personal injury compensation claims

    If you would like to find out whether the no-win, no-fee arrangement might apply in your case, please call us today.

    Our experts

    Grant Avery

    Grant Avery

    Director
    Taree
    Phone Grant Tel(02) 6592 6566
    Joshua Crowther

    Joshua Crowther

    Director
    Taree
    Phone Joshua Tel(02) 6592 6540
    Justin Stack

    Justin Stack

    Managing Director
    TareeTamworthTweed Heads
    Phone Justin Tel(02) 6592 6518
    Lesley Dingley

    Lesley Dingley

    Special Counsel
    Taree
    Phone Lesley Tel(02) 6592 6592
    Tim Stack

    Tim Stack
    OAM

    Chairman
    Taree
    Phone Tim Tel(02) 6592 6522
    Di Branch

    Di Branch

    Lawyer
    Taree
    Phone Di Tel(02) 6592 6566
    Taylor Kennedy

    Taylor Kennedy

    Solicitor
    Taree
    Phone Taylor Tel6592 6592
    Sandra Jeremy

    Sandra Jeremy

    Lawyer
    Taree
    Phone Sandra Tel(02) 6592 6592
    Madaline Shepherd

    Madaline Shepherd

    Licensed Conveyancer
    Taree
    Phone Madaline Tel(02) 6592 6592
    Find more experts

    Why choose Stacks

    What makes Stacks different and why you should choose us.

    Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

    With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

    Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

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    Deep expertise
    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

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    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

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    We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

    We speak clearly and directly, so you understand our advice and can make decisions with confidence.

    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

    We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

    We make the process easy for you with the latest tech to keep services cost effective—and you in control.

    We're here to help

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    We’re here to listen to your story anytime. We can help you understand how things work, give you confidence and guide you through your options. We’ll be honest and upfront, agreeing on what you need and how much it will cost. Your enquiry is completely confidential.
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