How Maelstrom Lawyers Is Changing No Win No Fee

When it was introduced “no win no fee” was ground breaking, earth shattering and revolutionary. For the first time lawyers were accessible to absolutely anybody and everybody and the best part was if the lawyer wasn’t successful there was no legal bill at the end of the day. In the early stages it was only the pioneering law firms that offered “contignency client agreements” (ie No Win No Fee) but these days its the norm. The next step forward was the cost protection, in cases where you legal bill was greater than the amount of money you were actually going to […]

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No Win No Fee. Not So Shiny & New.

No Win No Fee. Not So Shiny & New.

There was a time when no win no fee costs agreements (or as we call it “conditional legal costs agreements”) were actually a viable differentiator between legal firms. Because it meant injured everyday people would not be charged a cent if their lawyer failed to secure an offer from an insurer. Those firms that offered this unique fee structure captured a fair market share because it made the legal process accessible. Those that didn’t offer no win no fee fell by the wayside. It wasn’t long before every personal injury law firm offered no win no fee and it was actually […]

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The 5 Things You Must Do When Injured

The 5 Things You Must Do When Injured

To understand my tips (below) you need to first understand the back story. I once had a client come to me (before I set-up Maelstrom Lawyers) two (2) years and eleven (11) months after their single vehicle motor vehicle accident. They did not report the accident to the police because their best friend was driving the vehicle. They told the hospital they had been assaulted whilst out in town to explain the badly broken bones. Because they didn’t want their friend to get into trouble. The at-fault car was borrowed off the friends’s ex-partner’s sibling but it was registered to one of the parents. Identifying (a) who […]

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Saying What You Mean

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 footy team but in the eyes of the law this statement is taken as fact and requires proving. If on closer examination it is revealed that you actually played for the B grade footy team and on the one occasion you got called up to the A grade team you missed […]

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MAY’S OPEN MIKE – Pain v Function

MAY’S OPEN MIKE – Pain v Function

Compulsory Third Party insurance companies salivate when they stumble upon medical records listing injuries or complaints that pre-date the accident they are being held accountable for. They see it as the perfect opportunity to off load all (or part of) the blame to someone else. But how successful are “pre-existing” injury arguments? In our experience – not very – but it requires a high level of skill and proper evidence gathering to properly prove your point. We have a string of successes in highly complex cases from proving a brain tumour was not a brain tumour (in defeating a “pre-existing” medical […]

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FIFO workers and journey claims – WorkCover or not?

FIFO workers and journey claims – WorkCover or not?

The first question in this monthly segment is actually quite a tricky one because it inadvertently touches on every piece of personal injury legislation, it covers the concept of “no-fault” cover and fault cover and confronts situations where you have crossovers between the three pieces of legislation. To answer the question we are going to keep it super simple.  The Basic Concept: If your injury involves a motor vehicle (either registered / unregistered / or unidentified) then your personal injury claim is governed by the Motor Accident Insurance Act (MAIA) and Regulations; If your injury occurs at your place of work […]

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Part 2B: Why No Bike Helmet? Injury Lawyer’s view

Part 2B: Why No Bike Helmet? Injury Lawyer’s view

I’ve taken an interest in the divide between wearing or not wearing bicycle helmets because I am genuinely curious to find out why people wouldn’t do something so simple. So far my interest has resulted in two blogs (this being the third): Part 1: I put the statement “No-one wears helmets” out into a public forum and I received various responses from both sides of the fence;  and Part 2A: I looked at the traffic laws and a court decision where a person disputed his fine using similar logic to other non-helmet wearing riders (and failed). Now it’s time to look at […]

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Rising Death Rates – 40km/hr or Less Speed Zones

Rising Death Rates – 40km/hr or Less Speed Zones

If you told me that a person could die in a road related accident in the 40km/hr or less zone I simply would not have believed you. Sure a person can get injured but for the injuries to be fatal would have seemed like a stretch. Tragically, though, you would have been correct. In the last 25 years there have been approximately 276 deaths caused by accidents in the 40km/hr or less zone. I say approximately because there are 1,334 deaths where speed was not known or not correctly recorded. It might not sound like a lot, but its very close to […]

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It Can Happen To Anyone At Anytime

It Can Happen To Anyone At Anytime

Imagine this. You and your partner both work. You both have good jobs. Your weekly bills include rent or a mortgage, food, petrol, entertainment, utilities etc etc. But that’s OK because your incomes easily account for these expenses. Your lifestyle matches your income. Then one day, your partner is really badly injured in a completely unexpected car accident. You can’t work because you need to stay at home and look after your partner. You didn’t take out income protection insurance because you didn’t think you would ever need it. Your partner can’t claim worker’s compensation through a journey claim because they […]

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Part 2A: Why No Bike Helmet? Applying Traffic Law

Part 2A: Why No Bike Helmet? Applying Traffic Law

The first post in this three part series looked at the general public’s response to the question below Why don’t people wear bicycle helmets? … And the response was quite surprising to say the least. Now we take a look at what the law requires and the difference between “traffic law” (which is about punishing) and “personal injury law” (which is about compensating).   Traffic Law: The Rules The road rules that apply to Queensland can be found in the Transport Operations (Road Use Management – Road Rules) Regulation 2009 but to keep it simple we’ll call it the “Queensland Road Rules”. The […]

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