Threat of appeal highlights the need for good lawyer

Date: Sep 15, 2016

Many people believe that once a judgement has been made by a court of law, it's case closed. However, this is not true, cases can be appealed in a number of courts depending on the context of the case. 

A recent appeal case highlighted the importance of a good solicitor. A compensation lawyer, with experience making public liability injury claims, can help you navigate the multiple tiers of a court case. 

Nepean Blue Mountains Local Health District v Starkey

A nurse facilitator from the University of Western Sydney who was working at the Blue Mountains District ANZAC Memorial Hospital slipped and fell while completing her duties. The fall occurred when she entered the bathroom and slipped on soap residue left on the floor by the cleaner. 

The defendant was the Blue Mountains Local Health District and it argued that the fall was the result of a preexisting medical condition. The district court found in favour of the plaintiff and awarded a compensation settlement for her injuries. 

The defendant appealed the decision on the grounds that the judge failed to refer to important aspects of the Civil Liability Act 2002 (NSW). While the court dismissed the case, the appeal is indicative of the time court cases can take. 

Why you need an experienced lawyer

Launching public liability injury claims is not a simple task. It involves a number of ongoing processes and expertise, including medical professionals to assess injuries and legal advice to determine the best course of action.

An experienced compensation lawyer will usually have contingency plans in place incase an appeal is launched by the opposing party. Preparation and a knowledge of the right case law can make the difference between an initial judgement standing or a successful appeal. 

If you are thinking about making a claim, or launching legal action, it's important to have best advice on hand. At Gerard Malouf and Partners Compensation, Medical negligence and Will dispute lawyers, our lawyers have in-depth knowledge of legal frameworks and relevant legislation. What this means is that we have everything a case needs to be a success. 

We also understand the impact financial limitations can have on the decision to pursue legal action or not. As such, we offer a no win no fee guarantee that can remove the financial obstacles you may face. In other words, we do not take payment from upfront costs, instead we seek remuneration from your successful settlement. 

If you would like to know more, talk to an expert today: Contact Gerard Malouf and Partners Compensation, Medical negligence and Will dispute lawyers.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.