What Is Family Law? Everything You Need to Know

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In 2020, the divorce rate in Australia was 1.9 divorces per every 1,000 people.

The vast majority of those divorces were processed through family court. But family law actually involves more than just divorce proceedings.

While the issues around divorce are a significant part of family law, a family law attorney has a lot more expertise than that. They’re versed in everything from reproductive rights to adoption.

To learn more about family law and what a family law attorney does, read this quick, definitive guide.

What Is Family Law?

Family law is a very broad practice area.

Generally speaking, family law governs the legal responsibilities between one or more individuals that share a domestic connection. These individuals may be blood relatives, they may be related by marriage, or they may be more distant relatives.

The issues family law focuses on include marriage, divorce, child custody, adoption, and more. But this area of law also intersects with others. For example, a child abuse case would involve both a criminal investigation as well as the family courts.

Other common areas that intersect with family law include estate planning, immigration, and naturalization law, as well as mediation and collaborative law.

What Does a Family Lawyer Do?

A family law attorney deals with all the family issues mentioned above, including marriage, divorce, child custody, and adoption. But they may also deal with issues you wouldn’t assume fall under family law. These include foster care, reproductive rights, paternity, and emancipation.

A family law attorney represents clients in a family law court. They handle negotiations and lead proceedings. They also take care of the paperwork and important legal documents (i.e. property settlements or court petitions).

As you might imagine, family law involves very sensitive matters and complicated relationships. It requires a delicate hand to navigate the issues that come up. A family lawyer is an invaluable resource in navigating these potentially choppy waters.

Who Needs a Family Law Attorney?

The vast majority of family law court proceedings are the result of divorce or the ending of a romantic relationship. That’s why many people think of family law attorneys as divorce attorneys. These lawyers take care of everything from filing for divorce to alimony and child custody.

But anybody who is dealing with legal matters of family and home may need the support of a family law attorney. These professionals can provide the best legal advice, based on experience. They’ll give the best protection to you and your loved ones as you move through the legal process.

Need Help Navigating Family Law Court?

Family law involves the legal responsibilities between individuals who share a domestic connection. It covers divorce, marriage, child custody, adoption, reproductive rights, and more.

Regardless of why you’re dealing with family court, a family law attorney is an invaluable asset in protecting yourself and your loved ones. Contact us to find out how we can help.

How Specialist Personal Injury Lawyers Can Help You Get Results Quicker With Less Stress

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Have you or a family member been injured because of the negligence of another party? There are more than 83,000 lawyers in Australia who practice in many different areas of the law.

A personal injury lawyer specializes in cases where their clients suffer injuries or death resulting from another party’s negligent actions. Hiring a lawyer to handle your personal injury claim can make a difference in how your case resolves.

Read on to learn how specialist personal injury lawyers can help you get the results you want!

Training as a Trusted Advocate

A personal injury attorney is trained to be an advocate you can trust to handle your case. It’s crucial to have a lawyer to represent your interests against a negligent party and their insurance company.

When you hire a lawyer, it sends a message to the other side that you are serious about your claims. An attorney with experience will know the best way to present your case to a judge or jury.

Persuasive Presentation and Negotiation Skills

The law firm you pick to handle your case must have lawyers with persuasive presentation and negotiation skills. The art of persuasion is an important trait for your lawyers because they must be able to present your case in the light most favorable to your position.

A lawyer can do this by having strong knowledge of the law and how to apply it to the facts of your case. Their negotiation skills are important before a lawsuit is filed and during litigation, as you seek to settle on your injury case.

Valuable Trial Experience

Even the best-negotiating lawyers in Parramatta can’t guarantee that you will resolve your case short of a trial. Whether your lawyer must try your case or not, their trial experience can play an important part in how the other side treats your claims.

Many defendants will seek to avoid a trial because of the costs and uncertainty of putting a case before a judge or jury. These concerns are even bigger if they know your attorney has a reputation for going to trial.

Less than five percent of civil lawsuits end with a trial but don’t overlook the importance of hiring a lawyer with trial experience. A trial lawyer can have a big impact on the final outcome of your case.

Hire the Best Personal Injury Lawyers Today

The best personal injury lawyers will make your case a priority and stay in contact with you from start to finish. They will also be willing to take the time to speak with you about the strengths and weaknesses of your case.

At Barwick Boitano Lawyers, we are a group of experienced personal injury solicitors serving clients in Sydney’s West since 1991. We are trial lawyers who are dedicated to serving the needs of our clients.

Contact us today to learn more about our services and to discuss your case with our lawyers!

7 Tips About Public Liability Compensation in Australia

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Did you know that every Australian business has to have some form of public liability insurance by law? If you have had an accident while in a public place it probably happened somewhere covered by a policy. But how do you go about getting the compensation you deserve?

Unfortunately, it is not simply a case of lodging a claim. If you are waiting for a public liability payout, or you have an accident you think may be covered by it, then we can help. Read on as we discuss everything you need to know about public liability compensation.

1. Keep a Conversation Record

Any professional telephone conversation with a business will tell you it is being recorded for quality and training purposes. However, even companies can get it wrong sometimes and it is important to keep your own record of calls. These records can help back up your claims and show that nothing gets missed.

Start by noting down the time and date of the correspondence. Write down the name of the person you spoke to, and with the time and the nature of the discussion. You should also make a note of the general outcome or decision made.

Note that it is unlawful to record a call without giving permission, so don’t use any apps or devices to record the conversation. Instead, keep a written record of what went on. You can always request the recordings from the service if you later have a discrepancy.

2. Know What It Does Not Cover

There are a number of instances when public liability will not cover you. The most common of these are below.

  • Aircraft products
  • Asbestos
  • Liquidated damages
  • Gradual pollution
  • Product recall
  • Punitive damages

One of the most common and often misunderstood are damages obtained under an employer. These fall under workers’ compensation.

3. Be Eligible for a Public Liability Claim

You are only eligible for a public liability claim if negligence can be proven. This means you have to prove your damages occurred as a result of the company not doing their job correctly or assuming a role of care to customers.

Once you have proved negligence, you must then show that this impaired your ability to live a normal life for at least seven days after the incident. Other than this, incurring medical expenses, as a result, may entitle you to compensation.

4. Know the Difference Between Public Liability and Workers’ Compensation Insurance

As mentioned above, public liability and workers’ compensation are two different things. It is important you know the difference so you do not attempt to make a claim in the wrong area. A lawyer will help you understand the difference.

Public liability insurance is in place to protect a business from damages it causes to the public while operating. Public liability claim examples may include someone tripping over boxes in a shop and injuring themselves.

Workers comp covers people who work for a business when they suffer damages doing that job. For example, this may include someone who injures themselves by lifting the boxes in a supermarket while under employment and causes a lasting injury.

5. Know Time Frames for Settling

Getting an exact timeframe for settling a claim is tough. This is because it all depends on the extent of your injuries and any residual impact. In some cases, it can take years to know the full extent of any damage.

When your claim is for minor injuries that do not have a long-lasting impact, you can expect to receive compensation and have the claim resolved within twelve months to a year. The full extent is ascertained when the injuries have begun to stabilize.

Claims will face longer delays if liability becomes an issue. This is when the party or the insurer will not claim responsibilities for your injury. When this occurs, the circumstances have to be visited in-depth and you should get a professional lawyer on public liability to assist you.

6. How Is Compensation Assessed?

The level of compensation sought depends on a number of circumstances. The first of these is the evidence provided by medical reports. These will determine the current impact, future impact of the injuries, and if they have stabilized enough to make a strong assessment.

If you have been left with a permanent disability or are unable to do a job, the financial burden of this is also taken into account. It is recommended you don’t accept claims until the full extent of your injuries can be determined.

7. Lodging Claims in the Given Time

For anyone over the age of 18 at the time of the accident, there are 3 years from the date of the incident to place and settle a claim. If no settlement occurs in the time period, then a court proceeding must be filed before the 3 year period expires. This is known as the statute barred date.

If you are under 18 years of age, you have 3 years after your 18th birthday to start court proceedings. You do not have to wait until your 18th birthday as parents and guardians can represent you before this and bring claims on your behalf.

Getting the Public Liability Compensation You Deserve

If you have had an accident in the last three years that you believe was not your fault, you could be eligible for public liability compensation. Collate all documents and details, then speak with a professional.

Barwick Boitano Lawyers should be your first stop. We deal with all facets of compensation law, from public liability to workers’ compensation. Contact us here to discuss your claims and let us get the payout you deserve.

How to Claim Motor Vehicle Accident Compensation Payouts in New South Wales

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In 2019, there were over 39,000 people in Australia admitted to the hospital with road crash injuries. Most injuries include whiplash, neck and back pain, and headaches. The more severe injuries may need more expensive medical treatment.

The person who suffered from the accident can get compensation for their injuries. These compensations cover the monetary losses of the person. It includes past and potential earnings and even medical expenses.

Do you want to know how to claim motor vehicle accident compensation payouts in NSW? Keep reading to get the best tips on getting your compensation.

Car Accident Compensation

In 2020, there were over 4,300 serious injuries from car accidents in New South Wales. These accidents can be traumatic experiences for victims. It can bring loss of income and medical expenses.

The recovery from a motor vehicle accident can take a long time. It will affect the person’s livelihood and lifestyle. A vehicle accident compensation can help the person recover from financial losses.

It’s crucial to contact the police for help after the accident. The police will check the people involved in the accident. The people involved may include the driver, passengers, and even the pedestrians.

All the people involved in the car accident may file for monetary compensation. It will cover the medical care and treatment for six months.

When to File a Claim

After the accident happens, you must consult a lawyer immediately. They will tell you when you should file a claim. You will need a lawyer’s advice because the policies for compensation may vary based on location.

The date you discover you sustained injuries will determine if you should file a claim.

Immediately file a claim if the accident caused an injury or death. One of the first steps is to consult a medical professional. This step can tell the time when you sustained injuries.

Begin the claim process as soon as possible to avoid paying medical bills on your own. Do this even if the medical professionals think you can recover in a short amount of time.

Levels of Compensation

There are different levels of compensation based on the severity of the injuries. The two classifications of amount are minor or non-minor injury. The claim will depend on the extent of suffering you may incur after the accident.

Minor injuries include whiplash, sore muscles, and bruises. Non-minor injuries include fractures and organ damage. If the pain changes your way of life, it’s a non-minor injury.

The minor injury compensation can cover medical expenses for about six months. It also covers income losses during the said period.

Non-minor injury claims cover financial losses of up to twenty-four months. If the condition worsens over time, you can file another accident claim to cover extra losses. The amount you will get will depend on the severity of your injuries.

Accident claims should also cover the cost of repairs. Be sure to keep the receipts of all car repairs as documentation. You may give these to your insurance company to help with the investigation.

What to Do After the Accident

Help anyone with injuries after the accident. This step can lessen casualties. Next is to report the accident to the police.

File a police report, especially if there are vehicular injuries and casualties. You should also report to the police if the driver refuses to give their information.

Another step is to exchange insurance and contact details with the people involved. If the other driver refuses, you can take note of their car details. It includes the car model and their registration plates.

You should avoid discussing fault with the other driver. This step is the responsibility of the insurance company.

Be sure to take photos of the accident. Doing this step will help during the investigation process. It helps give the police a more detailed description of the incident.

Documenting the incident is a way to prove injuries and property damage.

Once the police officer arrives, you should get their name and badge numbers. You can also ask them for a copy of the accident report. These documents will help you process your claim.

If you can, look for witnesses that can help with the accident details. Write their names and ask for their contact details. This step will help you gather evidence that can help you get compensation.

The last step is to contact your insurance company for guidance. They will tell you what you should do to process your claim. Doing this step is crucial even for minor accidents.

Hiring a Motor Vehicle Accident Lawyer

Filing for motor vehicle accident compensation payouts in NSW can be complex. It’s a process that requires professional help. It’s advisable to hire a lawyer specializing in motor vehicle accident claims.

Ensuring that the vehicular accident claim is within the time limit is the first step. Next, you must fill out a claim form to guarantee you receive the proper amount of compensation. The lawyer will then give you advice and guidance throughout the process.

Your lawyer will tell you what information you can give to the insurer. It will protect you from providing information that may affect your case. This information includes details that may be a disadvantage to your claim.

One of the things to avoid during the process is admitting fault. You can describe what happened without telling who caused it. Another is to avoid informing the insurer that you don’t have injuries.

The accident claim lawyer will also tell you to avoid accepting a settlement. This step prevents the insurer from giving unreasonable accident compensation. People without lawyers will usually get a low settlement offer.

Claim Motor Vehicle Accident Compensation Payouts in NSW

These are the pieces of information you need to claim motor vehicle accident compensation payouts in NSW. Remember that hiring a motor vehicle accident lawyer can help with the process. They will guide you throughout the car accident claim process.

Remember, never admit fault after the accident. It’s the insurer’s responsibility to investigate who is at fault.

After the accident, receiving immediate guidance can help you with your case. Contact us, and we’ll help you get the proper compensation you deserve.

Why You Need A Lawyer For Motor Vehicle Accident Compensation

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When you are looking for compensation from a motor vehicle accident, it is ideal to hire a lawyer or team of legal professionals to work with you to get the money you deserve. When dealing with these situations, the injured party’s expenses may range from light to intensely overwhelming, and as such, the party at fault needs to cover the appropriate costs. In addition, when you work without an expert, you can often undermine your efforts without realising it. In contrast, a professional can ideally navigate the space and ensure you get the best possible results. Read on to find out more about these solutions.

Determine Fault

In some cases, one of the drivers will assume fault for the incident right away, but this is not always the case, and sometimes it can turn into a battle of blame between the two parties. If you are unsure if you are at fault or the driver at fault is refusing to take responsibility, you must consult with our professional team right away to get the best understanding of your situation. It is often worth discussing with a lawyer even if you believe the accident was your fault, as they will be able to guide and advise you to ensure you don’t get taken for a ride. When you are looking to get money to cover the costs of medical needs, we can help you determine what you need to prove who is at fault and how to get enough to cover your expenses as a result. You will need to gather evidence such as photographs, witness accounts, and any other details significant to the incident that could show your innocence.

Insurance Coverage

Insurance companies will require evidence of who is at fault if no one is taking responsibility before paying out claims. These situations can often get complicated. It is worth seeking legal advice from a lawyer to know how to handle the situation and ensure you have everything in order from your side. Even when not at fault, not having all the needed information can result in your losing the case, but with expert assistance, you can ideally navigate the space and get the best possible results. An attorney can also provide you with legal service if your insurance company is not providing you with the coverage they promised or is not paying you out promptly.

When you need compensation for a motor vehicle accident, getting a professional lawyer on your side is the best way to navigate this process. With insight into expectations and ideal documentation management, these professionals can help you get the perfect results for your case. Contact us today to find out more about these services.

 

Six Things You Should Know About Workers Compensation in Australia

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On average, 560,000 Australians experience workplace injuries and illnesses each year. If you’ve experienced a workplace injury or illness, you understand how frightening and uncertain the future can seem.

Dealing with hospital stays, medical bills, and lost wages can be overwhelming. Navigating the legal process only adds to the challenges of being an injured worker.

Workers’ compensation protects injured workers, but the process is not nearly as simple or comprehensible as it should be. Here is what you need to know about workers’ compensation in Australia.

1. What is Workers’ Comp and How Can You Benefit?

Australia workers’ compensation protects workers who suffer injuries and illnesses as a result of their working conditions. Depending on your situation, you may be able to claim benefits for your injuries right away.

In Australia, workers’ compensation laws are based on the principle of ‘no-fault.’ This means you do not have to prove negligence on the part of your employer to make a claim.

The workers’ compensation scheme also helps injured workers through the process of recovery. Workers’ comp insurance pays for medical bills, hospital stays, and rehabilitation.

If you cannot work while you are injured, workers’ comp will cover the cost of your lost wages as well. That way you can focus on healing without worrying about your medical expenses and income.

Workers’ comp also protects surviving family members in the event of a workplace fatality. They may be entitled to compensation, funeral expenses, and family support.

Here is where you can learn more about Australian workers’ compensation and the Work Safe Act.

2. Is It Difficult to File a Workers’ Compensation Claim in Australia?

Unfortunately, filing a workers’ compensation claim is very complicated. The process includes many special requirements and strict deadlines. It is very easy to make a mistake that will disqualify your claim.

The best thing you can do to improve your chances of getting your claim approved is to hire an expert workers’ compensation lawyer before filing your claim.

It is imperative that you report your injury to your employer as soon as possible. Failing to report your injury can result in claim denial. You should do this before you file a workers’ comp claim with your lawyer.

When you file your claim, make sure you do so within six months of the date of your injury.

Finally, make sure you get the medical attention you need for your injury. You will need medical documentation of your assessment. Your doctor will provide a note detailing your capacity to work and your limitations.

Consult your lawyer to understand your rights under the Work Safe Act. Insurance companies do not want you to get legal advice. When you know your rights it is much more difficult for them to weasel out of paying you.

Remember that insurance companies want to give you as small a settlement as possible. They are businesses trying to minimize their costs. Knowing your rights and hiring a lawyer to advise you is your best bet.

A lawyer will not charge you for a consultation. Nor will you have to pay legal costs for hiring a lawyer to assist you with your workers’ compensation claim. A lawyer’s fees will come out of your winnings or you won’t pay.

When workers’ compensation claims are done properly, an employer is very likely to settle for an appropriate amount.

3. Can You Claim Both Physical and Psychological Damages?

When you file a workers’ compensation claim, you can claim both physical and psychological injury or damage. You will need to prove that the psychological damage you are suffering is directly related to your injuries.

If it happened at work or as the result of work, you should be able to use it in your claim. However, there are some hurdles to consider.

For example, claiming psychological and physical injury can complicate a lump sum claim.

Keep in mind that physical and psychological injuries do not need to have occurred because of one specific event. Diseases that develop over time as the result of working conditions are also workers’ comp injuries.

4. Is Your Employer Required to Provide Suitable Work Upon Your Return?

Employers must provide suitable work to injured employees under the Workplace Injury Management Act of 1998.

In some cases, employees may be too injured to return to work right away. In other cases, employees are able to return to work either part-time or full-time with certain restrictions.

It is the responsibility of your employer to provide you with work duties that are safe for you to perform while you recover. This does not mean you have to perform demeaning jobs or those that don’t benefit the company.

The new duties your employer assigns should be as close to your original duties as possible. If an employer fails to provide suitable work, they may receive fines up to $10,000.

If your employer refuses to provide suitable work, you can file a complaint here.

The only time employers are not required to provide suitable work is if they are small businesses. This is because not all small businesses are able to provide light work or appropriate work positions.

5. How Much Does Workers’ Compensation Workers’ Insurance Cost in Australia?

The cost of workers’ compensation insurance varies. The cost is based on a percentage of the company’s total payroll.

Although Australia requires all employers to purchase workers’ compensation insurance, some do not. Failing to carry workers’ comp insurance can result in a steep fine.

If you get injured at work, you can file a workers’ comp claim whether your employer carries workers’ comp insurance or not.

6. Are Workers’ Compensation Payments Taxable in Australia?

If you receive workers’ compensation for lost salary or wages you must declare them on your taxes. The following types of payments qualify:

  • Workers’ compensation
  • Income protection
  • Lost salary or wages
  • Sickness or accident insurance policy

You should not include payments where the premiums are deductible and taxes have already been withheld or you already included the payments on your tax return.

Australia Workers’ Compensation Takeaways

Workers’ compensation protects injured and ill workers and their families. It pays for medical expenses, lost wages, and compensation for physical and psychological damages.

The process of filing a workers’ compensation claim is complicated. Insurance companies will always try to settle for less than you deserve.

If you’ve experienced a workplace injury or illness, contact an expert workers’ compensation lawyer for a free consultation as soon as possible.