Kells has a dedicated and experienced compensation team, including a NSW Accredited Specialist in Personal Injury Law.
Kells assists those in need of advice as to their potential rights and compensation, no claim is too big or small. The senior practitioners aim to maximize results in a timely manner and between them have over 40 years experience in insurance and negligence claims.
Kells can help you at this difficult time work out your compensation entitlements by taking the frontline and allowing you to concentrate on treatment and recovery.
Kells has a strong and friendly team who have worked together for a long time, this allows us to work together to bring your claim to resolution as efficiently and effectively as possible. Our approach is practical and we provide accurate advice to you so you can make informed decisions. We aim to exhaust settlement negotiations and provide you with options as to litigation.
Health and Medical Law
If you suffer injury, loss or damage as a result of the negligent treatment provided by a doctor, dentist, hospital or other health care provider you may be entitled to claim for damages.
The medical profession such as doctors, hospitals, dentists, physiotherapists, chiropractors, pharmacists and psychologists are required by law to provide you with a "reasonable standard of care". The required standard of care can be quite high.
This area is compolex and requires specialist care to guide you through the claim. What needs to be proven is that your treatment was provided in a negligent manner and that the treatment provider breached their duty of care to you.
If you have sustained a condition, illness or injury as a result of medical treatment provided to you, you may have a "medical negligence" claim. If you just don't feel right about the treatment you have received which has lead to ongoing problems, we at Kells may be able to assist you.
You must commence a claim within 3 years of being provided with the treatment. There may be a way to commmence a claim after such time but it is important that you seek advice as soon as possible.
Public Liability/Slip & Fall
If you are injured as a result of a slip and fall or an accident that occurs on public or private property, you may be entitled to claim for damages. In order to claim you will need to be able to establish that the injury arose as a result of the negligence and breach of duty of care on the part of the owner or occupier of the property.
You may be entitled to compensation if you have been injured in the following way:
- slip and falls
- sporting accidents
- accidents at school or university
- injuries at another's premises (rental)
- dog attacks
If we can show that the accident was caused by someone else's negligence (that is, fault) or their failure to take care, you may have a claim.
Negligence or breach of duty of care can take many forms. For example, in shopping centres, the proprietors must ensure that there is a safe means of entry or exit, that the floors are not contaminated with spillages that should have been detected and removed and that there is adequate lighting. If the proprietor of the shopping centre is in breach of these obligations and an injury occurs as a result, then the injured person would be entitled to prosecute a claim against the shopping centre. However, for injuries sustained on roads, footpaths and other pedestrian access areas owned or occupied by road authorities, such as local council or the Roads & Traffic Authority, special conditions apply.
We at Kells may be able to help you secure compensation due to someone else's negligence.
Superannuation & Insurance
Many employer superannuation policies include disability insurance for employees for Total and Permanent Disablement. If you have this kind of insurance, and an injury or illness (it does not have to be work related) stops you from doing your usual kind of work, you will very likely be able to make a Total and Permanent Disablement claim.
Importantly, to make this kind of a claim, you do not have to be unfit for all work. You simply must not be able to perform your usual work, or other suitable work within your education or skill set. For example, if you are employed as a process worker performing mainly manual labouring work, and you sustain an injury which prevents you from doing manual work, it would not matter that you may be able to perform alternative work such as sales, office work, or similar. You may still be entitled to claim a benefit.
Product Liability Claims
In many cases we provide service on a “No Win No Fee basis” and your first consultation is provided for free.
We invite you to contact us via email, our freecall number 1800 247 631 or by completing our online enquiry form so you can be informed about your claim.
To view our team brochure, please follow this link.