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Legal process after injury

Created on 08 Apr 2010 by JulieM .
5 members.

About this group

I would like to know what others have experienced when navigating the legal system.

I was injured 3 years ago. The other driver was at fault. He didn't stop at a stop sign, just slowed. The bad bit was he was driving a laden Mack truck!

I have a sense of humour and I do feel like I have been hit by a Mack truck!

The physical damage to me was bad enough but when you add the emotional and financial, it becomes very difficult.

I would like to hear others experiences, how they have coped and how they find the strength to go on.

Thankyou

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Latest news

Feeling my way

Published: 09 Apr 2010

Thankyou for the emails. Still navigating this site. Forgive me for the delay

JulieM

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Comments

Photo for user SFK

SFK | 09 Apr 2010

Dear Julie, I had a crash on December 20, 2003. I was in a three car pile up and was a no fault party. I had to be cut out of my vehicle. The physical injuries were serious and took many years of treatment. However, I have to say, the worst aspect of the entire matter was the compensation nightmare and being treated like a guilty party. I had a breakdown once I got to the end of the legal process which lasted 5 and a 1/2 years.I trust you are going through utter hell and I send lots of good vibes in your direction. I wish I could say something more inspiring. You will get through it. I promise you will. It will finally end and I think you’ll find that once the lawyers get out of the way you will be able to deal with the injuries and the trauma much easier. Keep fighting. Unfortunately the lawyers and the barristers seem to end up with most of the money. In the end, when all the legal trauma was over, I felt like a double survivor. I’d survived the crash and survived the system. But it took a long time to release my anger. Sorry for your suffering. I know it’s hell on earth. SFK x

Photo for user Julie McIntyre

Julie McIntyre | 10 Apr 2010

Hi JulieM

I am another Julie M and I thought you were me until I read your injury. Like you and SFK I am learning just how ugly defense lawyers and the insurer can be. I cannot say too much as it is now before the courts.
But I will not let them break me. I have a lawyer and barrister and both will get very rich by their own admission. I dont care, money will not bring my Lee back, but a little girl lost her father and her future inheritance. My lawyers have been instructed to do the job and contact me only when necessary. I received a letter from my lawyer who warned me the contents were from the defence and it would upset me. So the letter was thrown in a drawer sealed in its envelope. I am not going to read it, but I will continue the process of suing the driver for wrongful death and I dont care how long they mess me around. I have lost Lee for the rest of my life, I have plenty of time. When it is over I will not hesitate to expose the dirty tricks played out in this case. I will go straight to Today Tonight. I am getting to know Frank Pangallo very well, so I will let you know when, I expect this case will drag on for atleast another 6 months. Many on this site probably dont even know they have a case for compensation, no one told us. I will keep you posted, julie xx

Photo for user JulieM

JulieM | 10 Apr 2010

Dear Julie and JFK, Thankyou so much for joining this group. I have found our experience very isolating. I won’t discuss it much. I just want it to be over. Finding a ‘decent’ solicitor has had it’s own problems. The first one I had was dis-barred 2 1/2 years into the process and gave me a lot of poor information. I have another firm now but they are 1500 kilometres away in Brisbane! I have good contact with them but the distance adds to the isolation. Every time I have to fly for medical examinations I take my daughter for support. I’ve had 10 separate experts for the various injuries.
So from having 2 jobs I loved and being independant I have become reliant on my girls and Centrelink and I hate it.
Julie

Photo for user SFK

SFK | 13 Apr 2010

You poor angels. I am up late and need to go to sleep but wanted you both to know that I have read your comments and I am thinking of you in your daily and agonising struggles. I intend to write with vigour when I am more awake. With love and all best wishes for deserving resolutions. SFKxx

Photo for user JulieM

JulieM | 14 Apr 2010

Thankyou for your thoughts. Try to sleep….I understand about being unable to sleep

Photo for user Julie McIntyre

Julie McIntyre | 14 Apr 2010

Going through the legal process will test your strength and character. So hang in there Julie tick all the boxes, they want to wear you down. Sadly for some they have achieved their aim.
I hope you can dream a dream that will help you get through the process. XX

Photo for user JulieM

JulieM | 17 Apr 2010

You all give me stength. Thankyou so much. Julie

Photo for user JulieM

JulieM | 17 Apr 2010

I hope you like my picture. It was taken on Magnetic Island early this year. Its a baby that was being taught by it’s parent bird to hunt.
Bit like us really…new ground and not fully fledged!

Photo for user The Penguin

The Penguin | 28 Apr 2010

Hi JulieM,

My story is quite bazaar. The accident happened on 28 June 2007 on the Ipswich Motorway at Gails. I had just ridden along the Wacol stretch where I noticed the overhead sign saying “Road Works, merge left”. The next thing I knew I was looking at a recessed light in a ceiling. I don’t remember a thing between it. It turned out that I was in the ER of Princess Alexandra Hospital (PAH). I had suffered a punctured right lung, lacerated liver, right kidney wasn’t functioning properly, trauma based anaemia and a server right ankle fracture. At the time of coming to, I was also paralysed from the neck down but this thankfully turned out to be temporary but it was very scary till the test results where done. I spent the next 3 weeks in hospital, 1 of those weeks in a high decency unit (HDU). While in hospital I was told that I had either fainted or feel asleep on the bike and had run up the back of a stationary car. After being discharged I went to visit my bike. What was strange was that the front end of my bike was undamaged. The fuel tank was crushed from the top. It didn’t make any sense. A couple of days later I got a phone call from the Police, they wanted to know who I was insured with (Comprehensive) which was strange as this is nothing to do with Police. I refused at first but he kept pressuring me. I regret that I did ever tell him. I then asked about the damage to my bike and he got agitated with me and told me that it was a simple nose to tail. Now fast forward 18 months after the accident. My right ankle still hadn’t healed and I was attending a hydrotherapy session at PAH. There was another guy there with a broken right ankle. I asked him what had happened and he told me that he had miscalculated a jump on his dirt bike. I then told him about being dragged off the motorway by witnesses who then left the scene (I was told this by the police officer when he called me). The other patient then told me that he once assisted a rider after an accident in the Motorway. It turns out that he gave me first aid on the night. He also told me, before he knew it was me, that the accident was caused by the car refusing to merge left as per the signs but instead travelled right up to where the right lane was closed due to road works, then severed violently into the left lane and then slammed on his brakes giving the rider (me as it turned out) only 2 meters to react. Further investigations shows that the Police took around 90 minutes to respond to a 000 call; failed to gather evidence at the scene other than just a statement made by the car driver; interviewed me in the ER; informed the car driver of my amnesia; acted on behalf of the car driver in regards to the insurance which was claimed off my insurance; charged my cousin for riding my bike and causing an accident (my cousin shares the same name as me but was elsewhere and with witnesses at the time); refused to reopen the investigation when asked to do so stating he was too busy to do so. I have complained to his Sergeant, his Senior Sergeant, the Inspector for complaints and the Criminal Misconduct Commission all to no avail. The Police have refused to look at any new evidence including the 000 call manuscripts where the passenger of the car states that the car wasn’t stationary in the left lane as per his statements bit was moving and in the right lane just prior to impact.

As you can see this is a strange one. I go to mediation next month with a Police investigation which as me as the at fault driver which on the evidence I have from independent sources is clearly wrong. This has been a tough road to travel. I keep going because this could happen to anyone and I want it to change.

Mad Penguin

Photo for user Julie McIntyre

Julie McIntyre | 17 May 2010

Hey Mad Penguin all sounds a bit suss to me.

I think you need to get your memory back to win this fight.
I once had a meeting with the DPP and I asked the police officer representing major crash if they considered the crash which resulted in my son’s death, a major crash.
He was taken back by the question and responded by saying all deaths and or serious injury were considered a major crash.

Perhaps you should question whether the police in charge of the investigation considered it a major crash. Given your injuries one would think it was a major crash.

Keep fighting but dont get to disappointed if you lose, the law is not written for those who have lost their lives or like you, your memory. Unless you can speak you stand little chance.
But I wish you all the best, trust in your gut instincts for they are usually right.
Cheers julie

Photo for user JulieM

JulieM | 20 May 2010

Thanks all….been busy packing and getting ready to move. I live in my daughters house and she is selling it. I only ever intended to be here for a year but the accident caused me to stay for over 4. Unfortunately I live in a makeshift flat that floods each wet season and this last wet paddled to the bathroom for over 5 weeks. I have applied for public housing but that takes years.
Latest news is because I am on a pension I rely on the public health system including dentistry. I have lost 10 back teeth(broken face)I have no molars on my top jaw.
I was told by the public dentist it is an 8 year wait for a back denture! So after 3 lots of surgery to restore the function of my jaw I can’t chew.
What a waste….can’t chew! all the muscle they moved is wasting away and I am loosing my jaw opening again!
Waiting, waiting.
Take care all

Photo for user The Penguin

The Penguin | 04 Sep 2012

Hi all,

All be it a while ago now I thought I would share the continuation of my story. As stated above I was due to go to mediation, however when the CTP insurer received the 000 manuscript they immediately cancelled the mediation session stating that they just had major changes to staff and that they were no longer up to speed with this particular case. At this point the insurer had none of my medical information nor any financial statements. Basically before the 000 call they thought I didn’t even have a case. Once they received the new information they also request that I supply all medical information, supply financial statements and attend meetings with their doctors. The new date for the mediation was now outside the 3 year restrictions however the insurer allowed an extension. On the day of the mediation I met my barrister for the first time. He said it was an intriguing case but to only expect a 40-50% payment should we win. I also had to hire a second barrister to act as an independent mediator (insurer also payed for this barrister’s service too). My barrister started proceedings asking for 90% stating that I was partly at fault. The insurer came back with an offer of 60%. This shocked my legal team who were basically expecting a difficult time with a probable court hearing to follow. Our second offer was 85% to which the insurer offered 75% (the new amount my barrister had suggested we go for given the insurer’s first offer). I was told that we were going for one last offer which was pitched at 80%. Without batting and eye the insurer’s legal team excepted. The 000 call proved not only was the car driver and his passenger where lying. It also proved the Police where discredited for supporting the car drivers story. I then took matters to the CMC who replied that “medically specific information was supplied to the other side due to a genuine inquiry into my health”. How sick is this. The Qld Police made my medical information available to the 18 year old uninsured car driver, in particular they stressed I had amnesia only then to let him make his statement.

This should be of concern to everyone as its very easy to have amnesia are a motor vehicle accident. Its also pretty gutless on the part of the corrupt Constable. Both Qld Police and the management of Princess Alexandra hospital (PAH) have gone into damage control stating that they could do this under a memorandum agreement between the Qld Police and PAH. I have since got hold of this document and it makes no such statement. In fact it states that information MUST BE handled as per legal requirements and does not over turn the Information Privacy Act.

Unfortunately it simply means be very careful if you come to Queensland. All of the Fitzgerald Inquiry recommendations have been removed, even Tony Fitzgerald QC himself has made this statement in the media during 2009. Its very worrying to say the least.


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