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Some roads get a reputation for being dangerous. Whether it’s traffic volumes, a lack of safety barriers or poor street lighting, there are many reasons why certain stretches of road become crash hot spots.

But where are the ACT’s most hazardous highways? Recent AAMI Crash Index analyses of insurance claims, published in the Sydney Morning Herald, has highlighted the biggest problem areas across the territory.

Canberra Avenue Fyshwick tops the list

Insurance claims lodged between August 2015 and August 2016 showed Canberra Avenue at Fyshwick as the most dangerous section of road, with 45 claims pursued over the 12-month period.

AAMI spokesperson Jake Krausmann said seasonal changes and other factors were potentially behind the prevalence of crashes on the road.

“Canberra Avenue is one of the busiest roads in Canberra, and is heavily congested during peak times. Despite recent construction works in the area, this stretch of road continues to be notorious for car accidents,” he explained.

However, Monaro Highway featured three times on the top ten list, suggesting the road – which stretches through the ACT, NSW and Victoria – is more hazardous overall than Canberra Avenue.

The highway was the scene of 39 accidents at Hume, 25 at Fyshwick and 24 at Canberra for a total of nearly 90 claims.

The top 10 crash hot spots in the ACT

We’ve covered the roads with the largest number of crashes in the ACT, but what about the rest?

Here is AAMI’s full top 10:

1. Canberra Avenue Fyshwick – 45 claims
2. Monaro Highway Hume – 39 claims
3. Northbourne Avenue Canberra – 28 claims
4. Federal Highway Canberra – 27 claims
5. Parkes Way Canberra – 26 claims
6. Drakeford Drive Kambah – 26 claims
7. Monaro Highway Fyshwick – 25 claims
8. Belconnen Way Belconnen – 25 claims
9. Monaro Highway Canberra – 24 claims
10. Wentworth Avenue Kingston – 24 claims

Animals a key cause of crashes in the ACT

Monaro Highway at Hume jumped from fifth to second place within a year, and Mr Krausmann suggested that an increase of collisions between vehicles and wildlife could be the cause.

Specifically, a large number of dead kangaroos were reported along Monaro last winter.

“Some of these roads are … heavily populated with wildlife, which contributes significantly to accidents along these stretches of road,” he stated.

His comments were supported by AAMI research from April this year, which showed Canberra held the dubious honour of having the most reported crashes involving animals in Australia.

Have you had a motor vehicle accident in the ACT? Please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers to see whether or not you are eligible for compensation.

Medical practitioners perform a difficult job to excellent standards every day in the ACT. But treatments can go wrong, and professionals are sometimes at fault for negative outcomes because of negligence.

While incidents are fairly uncommon, medical negligence can have a devastating impact on a patient’s quality of life following treatment. Some people may be left permanently disabled, disfigured or seriously ill, causing ongoing physical, mental and financial problems.

However, what if your symptoms don’t develop until years after your operation? Or perhaps you have been too ill to launch a claim before now? Let’s take a look at what time limits apply for medical negligence compensation in the ACT.

What does the legislation say?

The Civil Law (Wrongs) Act 2002 outlines the circumstances under which you can make a medical negligence claim. However, we must turn to the Limitation Act 1985 for time limits on personal injury cases more generally.

The legislation states that you must make your claim within three years of the injury occurring. For diseases and disorders that do not show symptoms immediately, you have three years from the date you become aware of the injury and its origin.

Furthermore, you are required to send a written notice to the people or organisations that you are making the claim against to inform them you intend to pursue proceedings.

The time limit for providing this notice depends on various factors, including when you identified the respondent and the date you first enlisted the services of a lawyer to pursue your claim.

What should I do next?

As we can see, medical negligence claims can be complex, and the time limits that apply aren’t always clear-cut.

You should therefore contact an experienced medical negligence lawyer as soon as possible if you think you’re eligible for compensation. They can tell you the exact timeline involved so that your claim isn’t rejected due to a procedural delay.

Medical negligence claims can result in payouts worth hundreds of thousands of dollars or even millions of dollars for significant life-changing injuries.

This money if often crucial in helping you recover the economic and non-economic losses you have suffered and will continue to experience as a result of medical treatment that fell below accepted standards.

Medical negligence can have a significant impact on patients, leaving them with serious injuries, illnesses and disabilities that affect their quality of life.

The majority of medical practitioners do an excellent job. Yet mistakes happen, and when medical practitioners breach their duty of care, the consequences can be disastrous.

But how often are ACT professionals negligent? And how much compensation can patients expect to receive?

Medical negligence in the ACT

Unfortunately, the latest official government data examining medical negligence in Australia is a few years old. The Australian Institute of Health and Welfare last released a report into medical indemnity claims at public and private sector hospitals in 2014, which covered the 2012-13 financial year.

The study showed that 513 new medical negligence claims were opened in public hospitals across Australia (excluding Western Australia) between July 1 2012 and June 30 2013. A total of 165 of these were reported in Tasmania, South Australia, the Northern Territory and the ACT, but a more detailed breakdown isn’t provided.

The Canberra Times reported that medical negligence payouts increased 500 per cent at Canberra Hospital in the three years to August 2013. The public hospital, which is the biggest in the territory, was forced to pay $10.5 million to patients injured while under its care in the 2012-13 financial year.

This figure was notably higher than both the $7.5 million paid in the previous financial year and the $1.6 million offered in 2010-11. According to the Canberra Times, the huge payout spike in 2012-13 was due to a few large cases involving potentially lifelong injuries, as well as a flurry of delayed claims being rushed through the courts.

How much compensation is available?

Compensation amounts vary from case to case depending on the seriousness of the injuries suffered and the amount of care and treatment the patient will need going forward.

For example, Canberra Hospital paid out $7.5 million in 2014 after the courts ruled the facility’s negligence caused a young boy’s cerebral palsy and other disabilities.

Earlier this year, the hospital settled a claim for $12 million after a woman had a stroke, leaving her with quadriplegia – a type of paralysis. The plaintiff had been taking a drug to help with migraines, but it was known to cause circulatory problems unless frequent medication breaks were taken.

Her medical practitioners told her the drug holidays were no longer necessary, eventually leading to her stroke and catastrophic lifelong injuries.

Car accidents remain a significant threat to road user safety in the ACT, with government statistics showing an average of more than 20 crashes every day in the territory in 2015.

The number of reported incidents has stayed relatively consistent over the last 10 years, despite a 25 per cent increase of vehicles on the road and 22.1 per cent more trips taking place during the morning rush hour peak.

Nevertheless, there were 636 crashes that resulted in injuries in 2015, which means hundreds of people may have been eligible to claim compensation if they were hurt because of a motor accident.

‘Economic’ versus ‘non-economic’ losses

Motor vehicle accident compensation can be claimed for a range of costs that arise from injuries, such as past and future medical bills, care support and other treatments. Any loss of income or superannuation, both past and future, can also be covered.

These are known as ‘economic’ losses. However, if you are in a serious accident, you may also be eligible for ‘non-economic’ losses. Otherwise known as ‘general damages’, non-economic losses are designed to compensate people for less tangible problems they may develop following a traumatic experience such as a car crash.

Common examples of non-economic losses are ‘pain and suffering’, ‘loss of enjoyment of life’ and ‘disfigurement’. Placing a figure on some of these concepts can be challenging, but it may result in a significant rise in the size of the settlement you receive.

Not everyone is eligible for non-economic losses, however, and your injuries must meet a minimum threshold.

Whole Person Impairment (WPI) limit

Medical practitioners will examine you to assess your level of WPI to see whether you’re entitled to make a claim for general damages.

You must be evaluated as having a WPI of greater than 10 per cent, which typically means you have lasting signs of injuries and potential neurological symptoms. Doctors will also take into account mental health and how your injuries affect your day-to-day life.

WPI scores can be an area of contention in motor accident compensation cases, particularly if psychological factors are present, as these are often harder to diagnose and measure than physical symptoms.

Medical negligence is rare in Australia, with the country possessing one of the most sophisticated healthcare systems in the world.

The ACT in particular also boasts a low rate of adverse incidents in public hospitals. A Productivity Commission report showed that only four instances of medical negligence led to the serious injury or death of a patient in 2014-15. Only Tasmania and the Northern Territory reported fewer cases.

Nevertheless, if you believe you have suffered medical negligence while receiving treatment in the ACT, you may be entitled to compensation. But what should be your next steps?

1. Record all treatment and conversations

After an alleged incident of medical negligence occurs, you should try to keep an accurate record of any treatments you have received and discussions with doctors, nurses and other practitioners.

This is particularly important if you are claiming that you weren’t made fully aware of the risks of choosing a particular treatment option. Any conversations you’ve had with your doctor will come under the spotlight if this is the case.

2. Contact a medical negligence lawyer

Medical negligence law is complex and proving that the standards of care you received fell below acceptable levels can be difficult. You should therefore always get in touch with an experienced medical negligence lawyer who can help you gather the necessary evidence you need to pursue your claim.

A no-win, no-fee firm will ensure that you won’t have to pay the upfront costs of making a claim. Instead, you will only face a bill if a settlement goes in your favour.

3. Pursue your claim

Your lawyer will inform you whether or not your claim is likely to succeed and ask if you want to take the next steps. Medical negligence cases can take several years to resolve and could end up going to court for a judge to decide on compensation.

You’ll need to consider if this is the right option for you, although you may have no other choice if the injuries you’ve suffered have had a significant impact on your quality of life and financial recompense is essential.

4. Await the final decision

Some claimants are offered a settlement before their case reaches the courts, which can reduce the stress of a drawn-out trial. If not, you’ll have to fight your claim in court, where you’ll need experienced lawyers on your side to have the best chance of a favourable outcome.

A judge will then rule on your case and either approve or reject your claim for compensation based on the facts and evidence you’ve provided.

To talk with a medical negligence lawyer at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers, please contact us today.

Car accidents are one of the leading causes of premature death in the country, with Australian Institute of Health and Welfare figures showing 1,206 people died from land transport crashes in 2012.

The ACT government’s latest Road Crash Report revealed that 7,850 ‘on-road’ accidents occurred in 2015, creating 813 casualties and 15 fatalities. These incidents led to 131 hospital admissions throughout the 12-month period.

Provisional drivers are the most at-risk in the ACT, comprising 21 and 13 per cent of crashes that resulted in fatalities and injuries, respectively. This is despite these drivers only making up 6 per cent of all licence holders in the territory.

But what compensation is available if you or a loved one is involved in a car accident in the ACT? Let’s take a look at what you could be eligible to receive.

Are you eligible for compensation?

Drivers who are not at fault in a car accident could be able to access both an early payment for medical expenses and personal injury compensation. Early payments are capped at $5,000, while payouts for personal injuries resulting from the crash will depend on the different factors relevant to your case.

Furthermore, you don’t have to be a driver to be eligible for motor vehicle compensation. Various road users are able to pursue claims, including passengers, pedestrians, cyclists and motorcyclists.

You cannot usually make a claim for personal injury compensation if you were to blame for the accident. If you were only partly at fault, you my be eligible, although the final settlement is likely to be lower to reflect your culpability.

What compensation is available?

As mentioned, your personal injury payout will reflect the unique circumstances of your accident. However, you will usually receive money to cover:

• Treatment;
• Rehabilitation and care;
• Economic losses, such as income and superannuation; and
• Non-economic losses, including pain and suffering.

In addition, people who suffer catastrophic injuries from car accidents may be able to access the ACT Lifetime Care and Support Scheme (LCSS). The initiative covers conditions such as permanent blindness, amputations, brain damage and other devastating long-term injuries resulting from motor vehicle crashes. ACT LCSS is also available to those who are injured in the workplace.

Would you like to know more about motor vehicle injury compensation in the ACT? Please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.

It is an unfortunate circumstances when we are involved in a motor vehicle accident and even more significant if we have sustained injuries form that accident.

It is imperative that we understand that there are basic steps that need to be undertaken to ensure that your rights to claim compensation for the injuries you have sustained are protected.

If you have been injured in a motor vehicle accident in the ACT and if the accident is not your fault then you can claim compensation for the injury that you have sustained which is referred to as pain and suffering, your medical expenses, any wage loss you have sustained and medical expenses and future wage loss.

It is important therefore that you understand that there are significant time requirements that must be complied with. These are expressed in the steps below.

1. It is important that a notice of claim be made in writing to the CTP insurer of the vehicle at fault. An individual normally would have 9 months after the motor vehicle accident to do this or 9 months from when the symptoms first arise.

It is important to comply with these procedural requirements so as not to prejudice your rights to make a claim.

2. It is important to obtain and complete a Motor Accident notification from (often referred to as MANF). This form will provide the insurer with enough information and material to open up a file and investigate the claim. Once this form is completed, the insurer will usually attend to payment of medical and treatment expenses up to the first $5,000.00 provided you can show that someone else is at fault. The main provision here is that the Motor Accident Notification form must be completed and submitted to the insurer within 30 days. In due course the insurer will ask for additional information and may even contact your treatment providers which will include your Doctor, your physiotherapist and rehabilitation provider.
3. The MANF is sent to the insurer. They will of course confirm receipt of the claim form and provide you with a claim number. It is this claim number that should be provided to your Doctors and treatment providers and they should be requested to forward their accounts directly to the insurance company.

Am I entitled to claim for loss of wages or loss of my earning capacity?

Under the provisions of the Act, a claim can be made for financial hardship on the basis that you have not been able to return to work because of your injuries. The insurer may make this payment on a without prejudice basis and without any admission of liability. In the normal course however, to claim for economic loss/wage loss you must attend to the following:-

1. Provide proof of what your earnings were at the time of the accident, a letter from your employer or pay slips, a tax return for the last year. Your entitlement to claim will include:-

1. your past wage loss that is, time off from work from the date of the accident until when you returned to work whether on a full-time basis or even part-time basis;
2. a claim for future economic loss that is, inability to return to work on a full-time or part-time basis and/or even your reduced capacity to work;

A claim for non economic loss (often referred to as general damages but colloquially known as pain and suffering). Should I see a lawyer?

Well the simple answer for that of course is yes. If you have a medical condition you see a Doctor. If you are involved in a motor vehicle accident, you need to see Specialist Lawyers who specialize in this area of work. Gerard Malouf & Partners is such a firm.

It is important however, that you see us and/or a lawyer generally within a short period of time. The lawyer must provide the insurer with notice of the claim within 1 month of first formally consulting and receiving instructions from the client.

In due course your Solicitor will also write to the insurer and request Reports from treating Doctors that they may have obtained and will definitely make representations in terms of claiming reimbursement of any expenses you have incurred.

There are time limits.

Yes it is important to ensure that the basic steps referred to above are adhered to. There are strict time limits that is, a claim must be made within 3 years from the date of the accident or 3 years from when the injuries are first recognized.

Court Proceedings must be commenced within 3 years and therefore, it is important to lodge the claim and the claim form as soon as possible. There are a number of insurers that deal with claims in the ACT but the predominant insurer is NRMA.

The following are preliminary important steps that you must comply with:-

1. Report the accident to the Police within 28 days or as soon as you can.
2. Obtain the registration number of the other driver, the name and address and other particulars from that driver also.
3. Always obtain photographs showing the damage to your car and/or to the other car.
4. Immediately see a Doctor after the accident. Make a point of also going to the Doctor 3 or 4 days after the initial consultation as usually other injuries and symptoms are not readily noticeable until 3 or 4 days after the accident.

The above is a very basic guide to assist you in working your way through the initial stages after you have been involved in a motor vehicle accident.

It is important to ensure that you contact Gerard Malouf & Partners to protect your entitlements and to make sure your claim is managed and dealt with in the appropriate manner so as to fairly claim all compensation that you are reasonably entitled to.

The piece of legislation that determines what actions need to be taken in personal injury matters within the Australian Capital Territory is the Civil Law (Wrongs) Act 2002 (ACT), which will now be referred to as “the Act”.

This article makes particular reference to Chapter 5 of the Act, being pre-court procedures in personal injury claims. Ultimately this Chapter determines who may make a claim and how a claim is to be made. The following is a discussion on the major points a claimant needs to be aware of.

Under this piece of legislation, the claim being referred to is for damages based on a liability for personal injury. This extends to public liability claims, motor vehicle accidents and claims for a deceased’s dependants or estate. The only personal injury claim that this chapter does not apply to is that of workers compensation. Worker’s compensation claims are actioned under the Workers Compensation Act 1951 (ACT).

Making the Personal Injury Claim

When making a claim under the Act you become known as the ‘claimant’, and the person you are acting against becomes known as the ‘respondent.’ Before commencing proceedings against the respondent, the claimant must give written notice of the claim, which must contain the following:

1. A statement of the information surrounding the claim;
2. Authority for the respondent and the respondent’s insurer to have access to your records, being medical records etc; and
3. Documents as required by the legislation.

There are two time limits you must be aware of when giving a notice:

1. 9 months after the date of the accident or from the day the symptoms of the injury first appear; or
2. 4 months after you seek advice from a lawyer or from the day respondent is identified, whichever occurs last;

As mentioned above, the documents which the claimant is required to give a respondent can be found within section 64 of the Act, and include documents such as reports about the accident, medical reports and any reports on vocational capacity. Furthermore, the respondent will be within their rights to request further information in regards to the accident itself, the claimant’s medical history and details regarding losses claimed.

Respondent’s reply

Within one month after receiving a notice of claim, the respondent must reply to the claimant. Under section 54 of the Act this reply must disclose whether or not the respondent is satisfied or dissatisfied whether the notice given by the claimant is a complying notice. If no response is given within a month this is deemed to be satisfied.

In the response, the respondent is also allowed to request further information to determine whether they are the correct respondent, or if they are not, they may tell this to the claimant in writing also, giving reasons why and assisting the claimant in finding the correct respondent.

Whilst the respondent may accept that they are the correct and proper respondent, it  is not in itself an admission of liability.

Much like section 64 of the Act, section 68 of the Act forces the respondent to give those documents mentioned above to the claimant, as the claimant is required to give to the respondent.

Failure to give complying notice of claim

If a notice of claim is deemed to be non-compliant, the claimant cannot proceed with the personal injury claim further. Other than the respondent being satisfied with the notice, or failing to respond within a month, the only exceptions to allow the claim to progress are if the respondent waives any non-compliance, or via court orders. An order from the court will only be given if it does not prejudice the respondent.

Attempts to resolve before court

Section 61 of the Act forces the respondent to attempt to resolve the claim before it gets to court. Within 6 months of receiving the notice of claim they must accept or deny liability, respond to any offers made by the claimant or if no offers have been conveyed, invite the claimant to make an offer of settlement. Prior to the court process commencing one of the following must occur:

1. The respondent make a written offer or counteroffer of settlement; or
2. The respondent settle the claim by accepting an offer made by the client.

Further information

In ACT matters, certain documents are not protected by client legal privilege. Section 72 of the Act discusses this. It goes so far to say that “an investigative report, medical report of report relevant to the claimant’s rehabilitation must be disclosed.”

This needs to be kept it mind. Even if a report is given that may be unreasonable to you as a claimant, the legislation determines that the respondent has the right to this material. Non-disclosure of documents is deemed to be fraud and this information may only be kept from disclosure with the court’s approval.