Don’t be washed or blown away.
You CAN get legal assistance for your flood or storm injuries!
By Mark Novakovic
Australia, and particularly Queensland, has experienced large scale natural disasters in recent times that have affected thousands of lives and led to costs in excess of millions. Despite the material damage and tragic loss of life stemming from the flood of December 2010/January 2011 and Cyclone Yasi in North Queensland, they have undoubtedly raised legal issues for victims of the natural disasters. Among the obvious insurance claims, it also includes:
- Property Law, damage and fencing
- Landlord/Rental entitlements and Body Corporate issues
- Family Law
- Small Business and Debt
- Victims of Crime and Coroner’s Process and
- Wills and Estates
Unfortunately, legislation does not account for disaster relief on a federal level; and instead relies on local and state authorities to take the brunt of responsibility, providing assistance to disaster victims when resources are exhausted by local and state governments.
In these circumstances each individual at some point or another feels helpless and without anyone to turn to. While it can be understood on some level why one would assume that personal injury and disaster relief would come hand in hand, it is yet to be evidenced in the law. At present, the law stipulates that to claim against another party for personal injury, there needs to be a duty of care (or responsibility) to the injured party, and that duty needs to have been broken by the other party’s actions in some form to the point where it has a detrimental effect to the injured person(s). However, the dilemma with natural disasters is that they aren’t caused by another party. So, it becomes extremely difficult, if not impossible, for injured victims to claim for any type of injury compensation.
While we may not be able to provide you with a free case review, you may contact Queensland Legal Aid by phone on 1300 65 11 88 or visit their website www.legalaid.qld.gov.au for more information on flood or cyclone relief.