Personal injury in Adelaide

If you have suffered an injury in Adelaide, you may have a claim for damages. In most instances except for Work Cover and Comcare claims there is a requirement that the injury, loss or damage was caused by another party’s negligence and/or a breach of duty.

Personal injuries may arise as a result of:

  • damaged or defective products
  • dangerous premises
  • medical negligence
  • motor vehicle accidents
  • sporting accidents
  • crime
  • negligence of Government authorities

We understand that personal injury can cause distress and confusion to a person, and are committed to acting in an understanding and professional manner. Our firm and qualified personal injury lawyers in Adelaide are passionate about enabling people to receive the compensation they and their families are entitled to.

Whether the injury is large or small, our team of highly experienced personal injury lawyers in Adelaide will spend time with you to ensure you receive honest advice about your situation. We have secured compensation for people with minor injuries through to catastrophic injuries requiring large sums for medical treatment and ongoing care.

Additionally, we negotiate and provide advice relating to settlement. When it is not possible to settle matters this way, we are experienced and effective in litigation.

If you have been injured, time limits do apply and failure to bring an action within certain time frames may mean you are not able to receive compensation. Therefore, do not hesitate to contact us about your personal injury claim in Adelaide.

Medical negligence

Medical negligence occurs where the actions of a health provider (such as a doctor, hospital or dentist) are below an acceptable standard. Medical negligence is not only restricted to injuries which occur in the course of treatment, and can include the following

  • failure to properly diagnose
  • failure to treat
  • failure to perform surgery or provide medical services in a proper or adequate manner
  • failure to warn patients of risks prior to surgery or procedures

Although there are many circumstances which may amount to medical negligence, it is important to remember that all procedures carry risks and sometimes the best care and treatment may still be unsuccessful or lead to injury.

This is why it is important to have honest and professional advocates to give you advice on how best to proceed. Medical negligence is a complex area of law, and our experienced practitioners have the knowledge and skills to navigate it.

If you believe you may have suffered personal injury, loss or damage due to medical negligence it is crucial you seek prompt and early advice about your potential entitlement. You should also keep all medical records so that Johnston Withers can best advise and act for you.

Motor accident

Persons injured in a motor vehicle accident in South Australia are entitled to claim compensation under the CTP insurance policy for vehicles registered in South Australia.

The right to compensation is dependent upon the person other than yourself being at fault, either wholly or partially, causing the accident and injuries.

Subject to proof of fault, a driver, passenger, cyclist or pedestrian is entitled to make a clam for damages as a consequence of personal injury suffered.

There is no requirement to prove negligence as a cause of your injury.

If you think you may have entitlement to make a claim, you should consult a lawyer straight away. Even if you are partially at fault for the occurrence of the motor vehicle accident, but another party also contributed to the accident, then liability for the accident can be apportioned such that you would receive a proportion or reduction in the damages awarded to you having regard to the extent to which you contributed to the accident.

Workers compensation

Johnston Withers has been representing injured workers in relation to their workers compensation claims for over 70 years. We act for workers funded by the State WorkCover Scheme and those who have claims under the Comcare Scheme.

Our solicitors are sensitive to the stress placed on injured workers as a result of their injuries and act in an understanding and professional manner. We have a long established history of fighting to ensure injured worker’s rights are respected, including their right to comprehensive rehabilitation. We have taken WorkCover to the Tribunal on many occasions and have been successful in upholding the rights of injured workers.

We can also represent partners in death claims and have on many occasions successfully obtained either a lump sum payment or ongoing payments to ensure financial security for them and their partners.

Hugh Rischbieth

Stephen Quinn

Graham Harbord

Nic Kernahan

Andrew Mitchard

Katherine Vincent