Crazy Insurance Law Claims | BPC Law Blog

You might think that you know a Sydneysider who has crazy ideas of what they deserve because they’re such a great person or because they’ve done something good for someone else, but no matter how mad or silly you think this person is, they won’t be able to compare to some of the things insurance lawyers have had to help clients claim for, particularly under No Win No Pay schemes.

Insurance Law(image source: shutterstock)

Insurance law covers a lot of areas, and with that huge ground comes an enormous amount of claims. Here’s our top 10 most mental claims, successful and unsuccessful, that have come across the desks of insurance lawyers around the world:

1.      Monkey Madness: A couple travelled to Malaysia, looking for a little romantic time alone. It’s not exactly cool in Malaysia, so they left the windows of their chalet open while they spent the day out and about. Big mistake. They came back to find that a group of monkeys had seen the open windows as an open invitation to come in and ransack the place. The couple found their clothes and belongings all around the resort, and the nearby rainforest. Their insurance company covered them so they could have more than one change of clothes.

Insurance Law(image source: http://media-cache-ec0.pinimg.com/originals/c0/77/9c/c0779c7af74806a8d4162f33ded6e982.jpg)

2.      Maybe It’s Best If You Do Nothing: A man had to red-facedly fill out an insurance form after rear-ending the car in front of him (just enough to smash the taillights). He then reversed to get a better view of the damage, and managed to hit the car behind. Finally, he opened the door of his car to get out and knocked down a cyclist. Comedic gold as long as you’re not involved.

3.      A Little More Practice Needed: A woman was visiting a friend at home. As she opened the door of the garage to leave, she was struck in the shoulder with a dart. Her friend’s teenage son was playing darts, and the dartboard happened to be right next to the door. The woman successfully sued for negligence, and the friend’s insurance paid it out.

4.      Maybe Wear Gloves Next Time: A man travelling in Israel lost his wallet down a drain. To avoid having to get his insurance company or the police involved, the man stuck his hand down the drain to fish it out. However, what he ended up with was a sting from a venomous scorpion who lived there. It was his travel insurance that made sure he was treated properly.

Insurance Law(image source: http://media-cache-ec0.pinimg.com/originals/9e/2a/d9/9e2ad9e10e1bca0f02b0b85a23786681.jpg)

5.      Goats Really Will Eat Anything: In the Black Forest, a family were holidaying. Whether they meant to or not, they didn’t properly lock up their cabin. When they got back they found a goat happily munching away at the remains of their sandwiches, wallets, and passports. Unluckily for them, their insurance company found that they’d been negligent and rejected their claim.

6.      Careful Who You Date: In some foreign countries, it’s legal to have a pet monkey, but isn’t always a sensible idea as one poor woman found out. She was on a first date, and after they had dinner they went to her date’s house. Upon opening the door, they were confronted by the man’s pet monkey who then bit her hand and arm. No surprises there that her claim was successful, and there wasn’t a second date.

7.      Guns Don’t Just Hurt People: A man was driving with his shotgun in the passenger seat. When he got out of his ute, the man grabbed the gun. However, he lost his grip and the gun went off. The entire interior of the ute was extensively damaged thanks to the shotgun being loaded with buckshot. Thankfully, the man had very comprehensive car insurance and he was fully covered for shooting his own car.

8.      Maybe You’ve Got a Problem: At a bar in Greece, a woman ignored a loud buzzer and stayed waiting for her drink. That buzzer was actually a fire alarm and the woman managed to escape the blaze, but not before getting third degree burns, costing £300 of medical treatment. Lucky for her, she was covered.

Insurance Law(image source: http://upload.wikimedia.org/wikipedia/commons/b/bb/US_Navy_030604-M-3856H-032_Firefighters_in_full_gear_fight_a_simulated_aircraft_fire_during_a_fire_fighting_training_exercise.jpg)

9.      Label It Next Time: In the States, a woman attended a children’s birthday party with her own child. At the party, everybody was served cordial. However, many of the children became quite ill from the drink, yet none of the adults had any reaction to the sugary drink. After a little bit of an investigation, it was discovered that the kids had been served the cordial intended for the adults – it had vodka in it. The children’s medical bills were covered by insurance luckily.

10.  That’s One Way to Wake Up: It’s not unusual for pet cats to take to sleeping on people, including people’s faces. A claimant was renting a room in a house with four cats. The cats weren’t allowed in the rented room, but obviously no one told one of the cats that. The claimant had a habit of sleeping with both their mouth open and their tongue sticking out. One morning they woke up to find a cat with its paw in their mouth. Understandably, the person was quite surprised and their sudden movement made the cat scratch their tongue. Strange as the incident was, the insurance claim for medical costs was paid out.

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In the Loop with Insurance Law: Can Your Insurance Company Cope with Disaster? | BPC Law blog

You may remember that after the floods in Brisbane and the surrounding area in 2011, many homeowners were shocked to discover that their insurance didn’t cover the damage left by the floods. Could your insurance company cover your Sydney home if it was damaged in a natural disaster or do you need to start looking for a good “No Win, No Pay” insurance lawyer?

No Win No Pay Lawyers

A lot has changed in the few years since the 2011 floods. Many insurance companies now offer cover for floods, though you do need to be wary of their definition of flooding and what they will cover. However, though insurance companies may now be providing flood cover it certainly isn’t cheap in areas that are prone to flooding, which often means many people can’t afford to be insured at all against floods. So are the most likely to be affected by natural disaster doomed to forever have it affecting their wallets?Insurance Lawyers

Hopefully not. Local governments and state governments have begun to put measures in place to reduce the amount of people affected by floods, or at least give them a hand in getting the right insurance. Brisbane has a history of flooding, yet people were still allowed to buy and build on land that was known to be a floodplain. Local councils have offered to buy back this land, but many people choose not to go with this for a number of reasons. The alternative is a proposal for people in areas that often flood to have discounts on their insurance premiums. But are insurance companies on board with this idea?

At least one insurance company is, but it makes sense for the rest of the industry to join behind this proposal as well. Though insurance companies are about making money, they make this money through the community. If the community and society see no reason to support them, then the money dries up. Insurance companies will need to learn how to balance creating a profit with helping members of the community.

So what can you do to protect your home against natural disasters? Go over your insurance company’s policies, and if you’re concerned about anything then speak to an insurance lawyer who can help you pull apart all the technical terms and get to the information you want.

Strange Insurance Claims

There are many law firms around the world that offer No Win No Pay Lawyers. And in some very bizarre and strange cases, this system of No Win No Pay would have been very comforting for the claimants. It may seem that Insurance Lawyers in Sydney, and indeed around the world, would not get those sorts of strange claims but here is a list of five strange and true insurance claims:Insurance claims

  1. A farmer in the UK wanted to make a claim for his iPhone failing to work properly. That is a fairly standard claim, however, it no longer worked because one dark, stormy night, he was using his iPhone as a light source while helping one of his cows give birth. During the calving, he lost the iPhone in the cow’s rear end. When it reappeared some days later it failed to work. His claim was successful.
  2. Paula Catelli was a bride in Italy. For her wedding, she wore a beautiful handmade dress. Unfortunately, her wedding dress was made of a synthetic material that ignited when she stood too close to a barbeque. Her new husband saved her by throwing her into the sea. Her insurance company paid her 50% compensation for the mishap.
  3. Around Christmas time, a man was driving home from shopping. Ahead of him, coming the other way down the road, was a car with a Christmas tree poorly tied to its roof. Almost instantly after the man made this observation, the Christmas tree came loose from the roof of the car, smashing into the man’s bonnet, and making him swerve off the road into a hedge. The man’s insurance company paid out all the damages.
  4. A family were holidaying on the beach in the UK. The two children decided the best way to protect their family video camera from being stolen while they went swimming was to bury it in the sand. They forgot where they buried it and their insurer covered the loss.
  5. A tourist in Athens became distracted while walking by a group of women in bikinis. He broke his nose when he walked into the side of a bus shelter. His hospital bills were covered.

There are no restrictions relating to sensibleness or embarrassment when it comes to what an insurance lawyer can help you claim for. If you are considering insurance lawyers in Sydney, call BPC Lawyers on (02) 8355 4002. They are also No Win No Pay Lawyers.

Workplace Bullying and Compensation

Recent moves by Safe Work Australia has seen the definition of work place bullying be expanded, and therefore, there are more cases of workplace bullying for a victim to hire workers compensation lawyers in Sydney and throughout Australia to fight for them. Workers compensation lawyers can be employed when a person is injured at work or suffers an illness arising from work. Workplace bullying falls under this definition as injury stands for both physical and mental afflictions, and, therefore, a claim for workers compensation can be made. But what is workplace bullying?

Workplace bullying is repeated, unreasonable behaviour towards a worker, or workers, that creates a risk to their health and safety.

Unreasonable behaviour includes:

  • Abusive, offensive, or insulting language.
  • Undue criticism.
  • Excluding a person from normal work activities.
  • Withholding vital information that affects a person’s work performance.
  • Setting unreasonable time constraints or constantly changing deadlines.
  • Overloading a person with work, or, alternatively, not giving them enough work.
  • Setting tasks that are well below or above a person’s skill level.
  • Spreading rumours about a person.
  • Denying access to information, supervision, resources or consultation, leading to negative effects to the worker in question.
  • Not allowing a worker access to workplace entitlements like leave.

However, there are some things that are not deemed as workplace bullying for various reasons.

Not counted as workplace bullying include:

  • Reasonable management action, including telling a worker their performance is unsatisfactory, after following performances management guidelines.
  • Discrimination and harassment: there are different laws to deal with these matters.
  • A single incident of unreasonable behaviour.
  • Violence: again there are other laws and procedures to deal with these matters.

If you are considering a workers compensation claim in regards to workplace bullying, there are several things compensation lawyers may ask you to do and keep in mind.

Remember:

  • Keep records of the incidents.
  • Back up your claim with medical evidence (this includes psychological injuries).
  • Strict time limits apply to workers compensation claims.
  • A compensation claim may not stop the bullying.

Workplace Bullying(source: http://static.guim.co.uk/sys-images/Money/Pix/pictures/2009/11/2/1257174560550/workplace-bullying-001.jpg)

If you are interested in compensation lawyers in Sydney, call BPC Lawyers on (02) 8355 4003, or enquire online at http://www.bpclaw.com.au.

Three Advantages of Hiring Insurance Lawyers in Sydney

If you have met an accident, especially one that significantly impacts your ability to earn income or affects your opportunity for gainful employment, you need to consider hiring insurance lawyers in Sydney. They can help you easily receive a fair compensation for damages and injury from your company or from your insurance provider.

personal injury lawyerThe following are three of the biggest reasons why you need to hire an insurance lawyer for your injury claim

Knowledge of insurance and injury laws

Insurance and injury laws may vary by state and city. Individual circumstances may also vary. Unless you have prior experience in personal injury, or you have sufficient background and information about insurance laws, you may be unfamiliar with the laws and the provisions surrounding insurance claims. In other words, you may lack the knowledge about the things you are entitled to, and your insurance provider could take advantage of you.

If you decide to go about your case on your own, you could waste huge amounts of time, and even more lost opportunity for income, trying to learn about the things related to personal injury. But with an experienced insurance lawyer, you will have someone instantly interpret and apply those laws to your case.

Capable of negotiating for fair compensation

An experienced and extremely knowledgeable insurance lawyer can help you get fair compensation from your insurance provider.

It’s sad to note that there are insurance companies who underpay or pay incomplete compensation to injured individuals, especially if they are not represented by a personal injury lawyer. That’s because they know no one will help the person interpret the laws surrounding the case. This is why it is very important to have a legal expert represent you in the courts, or to help you negotiate an out of court settlement. In most cases, with the help of a lawyer, the injured person doesn’t need to do anything.

Fair representation in the court

If you are inexperienced, who can tell you whether the personal injury settlement you’re being offered is fair? An experienced lawyer will help you determine that and dispute any questionable settlement in a court of law.

Also, if you hire a reputable insurance lawyer, there’s a good chance that they offer a No Win, No Pay guarantee, which means you only pay them their fees when they’ve successfully won your case.

For more information on hiring insurance lawyers in Sydney, visit BPC Lawyers at www.BPCLaw.com.au or call 02 8355 4002.

Medical Negligence Claim Explained

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To help you better understand what medical negligence is and what constitutes it, we have compiled more information for you below.
A medical negligence claim is a claim for compensation made by a person who has sustained an injury caused by negligence of a medical professional, a doctor, or hospital.

It falls under one of two categories below:

  • A claim that the medical care or treatment that the complainant received was below accepted standards; or
  • A claim that the doctor or medical professional failed to disclose or warn the complainant about the risks involved in the treatment that had been the cause of injury.

Some of the examples of actions that are deemed below standard that could be the basis of medical negligence claims are the following:

  • The doctor or medical professional did not use proper care and skill when conducting a surgery
  • The doctor or medical professional misdiagnosed or failed to diagnose a disease or condition in a timely manner
  • The doctor or medical professional provided the wrong dose or type of drug
  • The doctor or medical professional did not provide suitable or sufficient post-operative care
  • The doctor or medical professional reported test results erroneously.

How can negligence be proven? What constitutes it?

Because negligence is a defined legal concept, it must be proven that:

  • The doctor or medical professional owed you a duty of care
  • The doctor or medical professional failed to provide care, or have breached their duty to care
  • The negligence of the doctor or medical professional is directly responsible for your injury or harm
  • The damage or injury that you have sustained

If you believe that you have sustained any injury caused by a doctor or medical professional’s negligence as described above, consult with a medical negligence lawyer right away.

We can help. Call BPC Lawyer today on 02 8355 4002.

Understanding Medical Negligence

Medical negligence is essentially medical malpractice. Medical malpractice refers to medical care that caused injury to the patient as a result of omission or a negligent act by a medical practitioner or facility. This often prompts the injured patient to take legal action, a case which is within the area of personal injury. As such, the help of experienced medical negligence lawyers is often required.

medical negligencePatients in many jurisdictions are entitled by the law to receive certain standards of medical care. Medical negligence results when those standards have been breached by the physicians or medical facility. The negligence on their part could be irresponsible or erroneous administration of care or treatment.

Some of the grounds for medical negligence include inadequate skill, speed or care. Anyone who takes care of patients including doctors, specialists, or nurses may be held responsible for medical negligence. Even professionals who provide psychological care may also be held liable with medical malpractice.

In a medical malpractice case, the accused medical practitioner’s actions are often judged according to the competency and professionalism levels of his peers under similar or the same circumstances. A neurosurgeon, for example, will be held to the standard of other neurosurgeons.

However, it must be stressed that there must be negligence in the administration of care. Complaints of dissatisfaction with the results of medical care have no bearing in medical negligence. Claimants must be proven to have suffered injury or harm during treatment, which they should not have experienced if the medical practitioner or facility had not acted in a negligent manner.

In many jurisdictions, medical negligence is often tried in court. Some cases may require a jury. It does not, however, result in criminal prosecution. The consequences may include suspension of the guilty party from practice or having their license revoked. They may also be held responsible to compensate the injured patient.

To learn more about hiring medical negligence lawyers, call BPC Lawyers on 02 8355 4002 today.