Dangerous Recreational Activity Injuries

  • Overview & Examples
  • What You Need To Know
  • Specialising Lawyers
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Overview

Dangerous Recreational Activity Injuries

Under the Civil Liability Act 2002, a dangerous recreational activity is defined to involve an obvious risk. An obvious risk, in legal terms, refers to a danger that is clear and recognisable to a reasonable person without the need for any specific warning. However, there is presently no clear demarcation as to what constitutes a dangerous recreational activity and what does not.

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What You Need To Know

Are You Eligible To Make A Personal Injury Claim?

You are entitled to make a claim for compensation if you have suffered injuries because of someone else’s negligence. However, provisions of the Civil Liability Act 2002 provide that if you are injured during the undertaking of a dangerous recreational activity, even if the injury arose as a result of someone else’s negligence, you may not be able to prosecute a claim. However, if you can establish to the satisfaction of the court that you were injured because of that person’s negligence, and not by reason of your engagement in the dangerous recreational activity, then you may be entitled to claim damages.


What Is Your Next Step?  

If you have been injured because of someone else’s negligence, then your next step is to contact Brydens Lawyers. We can help you make a claim for compensation by recoveringall necessary and relevant evidential material related to the injuries you have sustained.

Personal injury law and the personal injury claims process are not always straightforward. That is how the team at Brydens Lawyers can help you. As personal injury lawyers with years of experience prosecuting personal injury claims, we can help you navigate this complex area of the law to ensure that you obtain the maximum compensation you are entitled to.


What Are You Able To Claim?

Upon the successful prosecution of a personal injury claim, the injured person is entitled to recover damages for:

  • Non-economic loss or pain and suffering.

  • Medical treatment expenses.

  • Past economic loss or wage loss.

  • Future economic loss or diminution in earning capacity.

  • Loss of superannuation benefits commensurate with economic loss.

  • Value of gratuitous or cost of commercial assistance or care provided for the past and for the future.

  • Physical or psychological injury.

  • Home or motor vehicle modifications.

  • Legal costs.


When Should You Consult A Lawyer About Making A Claim?

You should consult Brydens Lawyers as soon as possible following any injury sustained as a result of a safety defect in a product or goods. Strict time limits can apply to the making of such a claim, so it’s critical that you consult a personal injury lawyer as soon as possible.

When you engage Brydens Lawyers to help you make a claim for personal injury compensation, we will recover all evidential material that can help to support your case. This can include expert reports, medical records and other important, relevant information.


How Long Does A Personal Injury Claim Take?

A personal injury claim settlement may be reached after many months of court proceedings. The amount of time it takes to settle your personal injury claim depends on many different factors of the case, including the type of injuries you have sustained. Brydens Lawyers can help you gather relevant documentation, reports and other crucial court evidence to ensure that your compensation claim process goes as smoothly as possible, and that you have the best chance for a successful personal injury claim.


Why Are Brydens Lawyers The Right Representation For You?

Brydens Lawyers has a 50-year history of prosecuting personal injury claims on behalf of our clients. We have had thousands of successful personal injury claims in our extensive history, and have proudly recovered maximum compensation for persons injured as a result of safety defects in products or goods.

At Brydens Lawyers, we operate a “No Win – No Fee” policy. This policy means that if a personal injury compensation claim is unsuccessful, then we do not get paid. More information about how this works can be found on our No Win – No Fee page.

If you need professional legal advice in regard to your personal injury claim, then we can help you navigate this complex area of law. To ensure you get the compensation you deserve, make sure you speak with the team Brydens Lawyers today. We can also assist you if you are seeking compensation for medical negligence, motor vehicle accidents, workers' compensation, and many other areas of the law.

Testimonials

Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.

Sue from Carlingford, a client of our Common Law division

What would of we done without the wonderful team from Brydens Lawyers? During a very difficult time in our life they were able to ease a situation with professionalism, compassion and positive support. The Brydens Lawyers team have the ability to connect with people and have a drive of excellence in everything they do. We highly recommend Brydens Lawyers, we are very grateful to the wonderful team.

Tracie and Adam C, clients of our Common Law division

Thank you SO much! Lee, Bill, Steven, Natalia and Carly are extremely helpful at a time of extreme stress! Lee what you did today, blew me away! I cannot thank you enough!

Joanna C, a client of our Common Law division

Recently I concluded a very long Common Law case against my employer for a significant injury I received in the workplace. Brydens Lawyers worked tirelessly to get the best possible result. I was kept informed during the process & they ensured that my input was respected every step of the way. It is a long and at times stressful process, however I always felt my legal team had my very best interest in the forefront at all times. I cannot thank them enough.

Sharon B, a client of our Common Law division

Meet the team that specialise in

Personal Injury

Meet the Team
Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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Stephen Cahill
Stephen Cahill

Senior Associate

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David Le
David Le

Senior Associate

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Paul Henderson
Paul Henderson

Associate

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Hoona Li
Hoona Li

Senior Lawyer

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Thi Nguyen
Thi Nguyen

Senior Lawyer

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Tiffany Truong
Tiffany Truong

Senior Lawyer

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Alexandra Wright
Alexandra Wright

Senior Lawyer

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Frequently Asked Questions

How long do I have to make a compensation claim, and are there time limits?

If your accident occurred on or after 1 December 2017, there are a number of time limits that are strictly enforced in the pursuit of a claim for statutory benefits and damages under the Motor Accident Injuries Act (NSW) 2017. They are summarised below: - (a)  The accident must be reported to the police within 28 days of the incident. - (b)  An Application for Personal Injury Benefits must be lodged with the insurer for the vehicle at fault for the accident within 3 months of the occurrence of the accident. - (c)  A Common Law Damages (Lump Sum Compensation) claim form must be lodged within 3 years of the accident. - (d)  Court proceedings must be commenced within 3 years of the accident.

What am I entitled to claim in damages?

The New South Wales Government enacted the changes to the motor accident scheme which took effect as of 1 December 2017. The purpose was to significantly reduce the level of damages available to an injured motorist. Such claimants are now only able to claim the following: - (a)  Non-economic loss (pain and suffering damages if a claimant’s injuries result in a whole person impairment of greater than 10%. - (b)  Past and future wage loss. - (c)  Past and future superannuation benefits. In a damages claim, there is no longer any entitlement to recover the value of gratuitous domestic assistance and care provided by family members and friends. There is also no claim available for future medical treatment and expenses to be paid on a lump sum basis.

How long does the compensation process take?

There are a number of factors that can affect how long a damages claim may take. This would include: - The severity of the claimant’s injuries. - The time it takes for a claimant’s injuries to stabilise to enable a proper assessment. - Whether further treatment is required in the future by way of surgery. - The possibility of long-term complications. Generally speaking, a damages claim should be completed within 18 months to 2 years following an accident where injuries have sufficiently stabilised and the greater than 10% whole-person impairment threshold has been reached.

Do I need to personally obtain supporting evidence myself?

No. In relation to a damages claim your expert team at Brydens Lawyers will obtain all necessary liability, medical and other evidence to substantiate the claims which have been made on your behalf so as to ensure that you recover all of your entitlements. There will be times when you may be asked to assist by providing copies of your taxation returns or other documents in your possession. However, for the most part, any and all external documents required that may not be in your possession will be recovered by Brydens Lawyers on your behalf.

What costs do I have to pay?

Unfortunately, the legislation does not allow any legal costs to be recovered by a claimant requesting internal review of an insurer’s decision. You are not required to pay any upfront costs in connection with your statutory benefits and/or damages claims. Subject to the regulations, the insurer is required to pay a contribution of your legal costs at the successful completion of your motor accident claim.