Most people incorrectly assume that the issue of informed consent is just about whether or not there is a signed medical consent form, but the issues surrounding consent are far more complex and much more interesting than the paperwork that sits on the back of the medical file.

Long ago someone wise once said, “Behind every good lawyer, is a great legal assistant.” Or is that just me trying to present my own statements as ancient wisdom?

The legal deck is stacked against people injured or killed in aged care. The recent COVID outbreak in Victorian facilities highlights the absence of oversight in aged care homes exposed to coronavirus.

If a motor vehicle involved in a transport accident was unregistered or uninsured, this can impact the injured person’s eligibility to compensation under the TAC scheme.

Understandably, many Victorians are concerned about the effect COVID-19 will have on the progress of their personal injury claim. They want to know whether it will affect their ability to get timely access to justice given the restrictions introduced to combat the spread of the virus.

In this article, we review a case in relation to a serious injury application for psychological injury as a result of a road accident, which ultimately ended up in the courts.

Despite the COVID-19 travel restrictions imposed on Victorians since March this year, the Transport Accident Commission (TAC) has already recorded a death toll on Victorian roads of 129 as at early August 2020. The state Government has introduced a number of initiatives aimed at improving road safety but is there more that can be done?

The TAC protocols govern the conduct of TAC and personal injury lawyers before any litigation. Polaris is proud to be a participant. Polaris participates in the protocols because we believe the interest of our clients are best served by working collaboratively and achieving early resolution where possible.

Most people assume that they own their own medical records. After all, the records contain some immensely personal information about our health and medical treatment. In this article, we look at who owns your medical records and who has access to them.

After being injured while getting medical treatment in Victoria, people often ask us, “Am I out of time to make a claim for compensation?” The short answer is that getting advice and finding out your rights and entitlements is free and easy.

In Victoria, almost all claims for personal injury compensation are subject to “caps” and “thresholds” under the law. These limit the amount of compensation you can receive if you are injured or if you lose a loved one because of someone else’s fault.

In this article, we will look at some of the other legal implications (other than workers compensation or medical negligence) of COVID for individuals and businesses, and answer this question: “Can contracting coronavirus lead to a claim for compensation”?

For many Victorian workers, there is heightened anxiety about returning to the workplace after weeks (or months) of working from home. Some workers may be considering what happens if you contract coronavirus from work.

If you suffer a psychological injury in connection with a transport accident you may be entitled to make a claim. This actually extends beyond witnesses to those injured due to the aftermath of an accident; for example, learning about the death of a loved one.

With disruptions across the globe due to COVID-19, many people are either repatriating from Australia back to their home country or caught overseas and unable to return to Australia. In this article, we look at what TAC benefits are available to those injured in a transport accident if they are outside Australia.

With the coronavirus pandemic (COVID-19), many of us are now working from home. This presents many difficulties; one of which might be "what happens if you injure yourself whilst working from home"?

COVID-19 is creating an unprecedented state of uncertainty and fear. If you’re receiving TAC payments or treatment funded by the TAC, you may be worried about what will happen to your entitlements, given the shutdown of many services.

For anyone who thinks that COVID will alter the litigation landscape to the detriment of mainstream health providers, think again. The public and health professionals can rest assured that the COVID-19 pandemic is no picnic for medical negligence lawyers.

Claiming common law damages (lump sum compensation in cases where there is negligence) for a workplace injury can be more difficult where the injury is a psychological one. The main difficulty with these claims is establishing a legal concept called “foreseeability”.

If you were receiving WorkCover benefits before coronavirus, those benefits should continue. If you’re having difficulties with your ongoing benefits, you should seek advice from an experience workers compensation lawyer.