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Some practical advice on pursuing a personal injury claim
Wednesday 21 January 2009
People with ME/CFS, MCS and Fibromyalgia often find it hard to get workers compensation and other injury claims dealt with sympathetically and efficiently by the legal system.
Here is some sage advice from member Lee Lloyd who has done the hard yards herself:
I shall attach a list of cases that my Barrister consulted during my hearing. I do have a copy of each on my computer if anyone requires a copy and cannot find it on the net. My barrister cited some of these in the course of the hearing – some in relation to the question of costs and others during the course of the general hearing.
The question of a “title” allocated to my illness was disregarded in the early part of the trial. It appears to have been accepted that I was suffering a disease with the presiding Vice President not concerned over the name placed on those illnesses. I would have to reread the Decision but I think even one President having that opinion is good news – he relied on my medical reports rather than on titles. This was great for me as it is very difficult to prove CFS and MCS. The research covering recognition of those illnesses had already been sourced as part of the “matters in dispute” was “whether I was suffering from a recognizable disease”.
I am also attaching my general opinion on how to handle a legal matter – if you consider this helps in any way then please feel free to alter it to ensure nothing I have said enters into the area of defamation or other liabilities. I am not really sure what they consist of.
I would find it much easier to answer specific questions and give an opinion than to write a general piece as I keep finding I personalize it and relate it to my experience which then may incur defamation.
If you can think of any information which may assist others, please send me a guideline.
I have copies of many of the Court documents on my computer but they are long boring documents which do not really apply to any other case. Maybe the Judgment would assist others as they can easily tell what the President thought was important in deciding against my claim – let me know your thoughts.
Thanks, Lee. And thanks for agreeing to be contacted by people also fighting their way through the Australian legal maze.
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