Ben Grosse on the 2GB Chris Smith Show discussing Personal Injury 22 May 2021
Ben Grosse providing Q & A on the 2GB Chris Smith Show discussing Personal Injury 22 May 2021
CS – Chris Smith/BG – Ben Grosse /C1,2,3, etc – Callers
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Read the transcript below:
CS I’ve got Ben Grosse from Turner Freeman Lawyers on the line right now. Morning to you Ben.
BG Good morning.
CS I’ve got an email here from one of our listeners, Alan, and Alan tells the story of how he slipped and fell in a shopping centre and hurt his knee, what should I do if I wish to claim for compensation?
BG Well firstly, I think Alan should report it to either the store in which he fell or otherwise to centre management. Obviously he is going to have some immediate concerns like speaking to his GP to organise for some treatment but he should also speak to a lawyer, I think it’s important that he speak to a lawyer to get advice.
CS Okay, so for the venue, he alerts the venue, speaks to a lawyer, he asks, does he have to go to court to receive compensation for an injury like this?
BG Sometimes the cases can resolve by a settlement or a mediation, if a matter does go to court, it’s usually the case a court would order that a mediation take place any way before the case gets to a judge.
CS When you say mediation, who takes part in the mediation?
BG Generally the injured person and a representative from the insurance company, that would be overseen by an independent third party, a mediator.
CS And what is this to avoid the cost of court?
BG Yeah, that’s the intent.
CS And so, the shopping centre might find it could be in their interest to pay Alan out prior to going to court?
BG Sure, and if that didn’t happen prior to the start of court proceedings it would almost certainly happen sometime before the case got to a judge.
CS He also asks how long does he have to go to court, is there a time limit?
BG Generally speaking it’s safe to assume that it’s 3 years, there are some cases in which time can be extended but I always tell people to assume 3 years and if you don’t start your court case in that time you’re gonna have problems.
CS Okay, but there’s no statute of limitations is there?
BG yes, no there is and it’s 3 years.
CS Oh right okay. So do it within 3 years. You mentioned he lodge the accident with the shopping centre and then go and find a lawyer, what about seeing a doctor and eventually seeing a specialist about the extent to his injuries.
BG Yeah of course, you know that should probably be the first step.
CS Okay, so go to the doctor, make sure you’ve got paperwork about what you’ve done and maybe write some contemporaneous notes.
BG Yeah, that can be useful but something that the lawyer can do is they can often apply to the shopping centre for example to get access to any CCTV footage or any paperwork that might have arisen out of the accident which can be important.
CS I bet CCTV has changed the way these cases run nowadays?
BG When we can get it.
CS Yeah, when you can get access to it, right? Sometimes you have to apply to the court?
BG Sometimes, more often than not they’ll hand it over, sometime you do need a court order.
CS Alright Ben, thanks you very much for your time, have a great weekend.
BG Thank you.
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