Basema Elmasri featured on 2GB discussing personal injury claims - 27 July 2021

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DK – Deborah Knight/BE – Basema Elmasri /C1,2,3, etc – Callers

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Read the transcript below:

DK      That time of the week again, legal matters and we’re looking at personal injury today. Maybe you’ve been injured while you’ve been out and about or on your way to work or you’ve been injured doing your job either in the office or at home. You could be entitled to compensation so now is your chance to call in for some free legal advice. The number to ring 131 873 and as always we’ve got our $100 Westfield voucher for the caller who asks the best question during the legal matters segment. Basema Elmasri from Turner Freeman is on the line for us now, Basema thanks for joining us.

BE      Thank you for having me.

DK      Now we’ve spoken about workplace injury claims in the past and they obviously differ from personal injury because you’re at work are there any other key differences between those two compensation issues?

BE      Yeah definitely, so the real issue is you want to determine what sort of rights and entitlements you’re entitled to and there are specific timeframes that need to be complied with, so you definitely want to get some advice about whether you’ve been injured at work or injured anywhere else just to make sure that you’re taking the necessary steps to access those entitlements.

DK      And a lot of people obviously in lock down across the country, public spaces are what people are utilising a lot more than they would normally, how easy or how difficult on the other hand is it for someone, maybe a council to exclude you from making a claim if you’ve been injured in a park or a public area?

BE      Yeah, it’s a very difficult area of law, very technical, a lot needs to be established so it’s definitely one of those areas where you want to seek legal advice and make sure that the relevant and necessary enquires are being made and investigations undertaken to determine whether you do have a claim and what you are entitled to.

DK      I know a lot of them have got provisions, local councils excluding claims but that’s why you would seek legal advice to see if you’ve got any grounds for compensation. The other issue too that I’ve seen in my local area with the sporting fields and we’ve had a bit of rain lately and there’s been a bit of mud around and some of the grass hasn’t been as maintained as well as it would be because community sport isn’t on, can sporting clubs or councils be liable or be in trouble if you injure yourself on fields that aren’t properly maintained?

BE      Absolutely, again this is one of the key areas where we see people being injured and councils you know, getting away with it, the best thing to do is contact one of our lawyers and get in touch with them about making a claim and taking those necessary steps to access your entitlements.

DK      And what proof would you need to show that an injury is as a result of someone else and not your fault?

BE      You will need to prove that the council, in these specific council matters, that council had actual knowledge of a defect or a not properly maintained area so that’s a key element there.

DK      And that would involve accessing their records, that’s something that you can do?

BE      Absolutely, yep.

DK      Relatively simply. 131 873 is the number to call. You might have a question to do with personal injury or the text line 0460 873 873. The statute of limitations is something that many people wonder about Basema and concerns that they might have missed out in terms of making a claim. What is the time limit on a personal injury claim?

BE      So the time limit is 3 years from the date of accident or the date of discoverability. So the date that you contact a lawyer, investigations are conducted and it’s determined that you actually do have a claim but I wouldn’t muck around with that date I would contact a lawyer and get onto it straight away.

DK      And with the compensation, who decides the amount that could be eligible for a payout or a claim?

BE      So these cases are usually determined by a Court and it is usually assessed by a Judge of the District Court.

DK      So it goes to the Court process. On the text line someone’s asking what happens if you slip on a cover outside a business and it’s on a public road, would you be liable for some compensation in that situation?

BE      Yes definitely.

DK      So that would be cut and dry, what would you need, what other proof would you need?

BE      So you’ll need to prove that the other party was negligent, that is the first element that needs to be proved.

DK      Okay and with the compensation amount, if you’re not happy with what they come back with, what’s your options there, can you counter that claim, challenge that claim or can you challenge an insurance company if that’s where you’re actually getting the compensation from?

BE      Yeah definitely, so if the matter is being negotiated outside of Court and you’re not happy with what’s been offered there is always the possibility of exploring the matter and proceeding to a Court. The Judge will determine the matter.

DK      So would you advise people if they’ve got questions or queries obviously to seek legal advice, but would you advise them to document everything, is photographic evidence something that would actually put you in good stead?

BE      Yes, that is actually very important and one of the most important things we ask our clients to do is as soon as there is an accident or you know for example, we discussed earlier the parks and muddy grounds, take a photo of it, the most contemporaneous evidence is the most valuable evidence in a case like this.

DK      And have you seen an increase in people seeking compensation during lock down periods for that reason, that people are utilising public spaces more than they would normally.

BE      Yeah that is correct, we actually have seen an increase of those cases recently and for that reason.

DK      Well, alright, we thank you for your time Basema, thanks again.

BE      Thank you, thanks for having me.

DK      And Basema Elmasri is one of the lawyers at Turner Freeman, they provide a range of specialised legal services including compensation and negligence law, asbestos litigation, superannuation and disability claims, employment law, they also cover wills and estates and property law and if you want to get in touch with any of the lawyers at Turner Freeman, their website turnerfreeman.com.au or just give them a call, the number 13 43 63.