We are continuing to service the community during the Coronavirus (COVID-19) pandemic . Read more >>
Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors

Today’s article comes in response to a horrible story about a young man who was saved by a mother after he was set on fire because of an alleged road rage incident. The attack occurred on Wardoo St near Southport.

Rightfully so, one of the most common concerns has been for this young man’s health. He was in serious condition when he arrived in Royal Brisbane Hospital. It has been revealed that the man suffered burns to approximately 20% of his body covering predominantly his face, neck, shoulders and back.

With such horrible injuries, it is expected that many people would cry out for justice for this victim. The police have not found the people responsible as of yet. But what happens when they do? Most likely, the people responsible of causing this terrible act will be put to jail. But that seems insufficient for the victim, who will most likely suffer significant medical bills and a requirement for long term care.

What are the potential avenues for compensation that we have on the facts.

Can it be a Southport Motor Vehicle Accident? Most Likely, No.

The kinds of injuries covered under the Motor Accident Insurance Act 1994 (Qld) (‘MAIA’) are covered in s5(1), which states that the MAIA:

…applies to personal injury caused by, through or in connection with a motor vehicle if, and only if, the injury—

(a) is a result of—

(i) the driving of the motor vehicle; or

(ii) a collision, or action taken to avoid a collision, with the motor vehicle; or

(iii) the motor vehicle running out of control; or

(iv) a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and

(b) is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person.

We need to look at the facts of the case

Whether an accident is caused ‘by, through or in connection with” is always a question of fact based on the particular circumstances.[1]

“A result of” has been held to mean that “it must be established that the injury was caused by the driving of the motor vehicle” or in one of the ways set out in s5(1)(a) of the MAIA.[2]

Can the victim being ignited by petrol say the attack was a result of a motor vehicle accident?

In the case of Mani v Nominal Defendant [2002] QSC 152, a rock was thrown by at the windscreen of the Plaintiff’s vehicle from an unidentified vehicle driving in the opposite direction. However, the court held that the MAIA was not applicable to his incident because the injury was not a result of the driving of the unidentified motor vehicle but rather, the throwing of the rock.

However, in the case of Coley v Nominal Defendant [2003] QCA 181, a similar incident involving a Molotov cocktail thrown through the window from a vehicle driving alongside the Plaintiff’s vehicle ended up falling within the ambit of the MAIA.

Why? Because in this case, the lawyers for Coley were careful to argue that the manner of driving the unidentified vehicle assisted the Molotov cocktail to be thrown at the Plaintiff.

On the facts for the petrol attack victim, we actually do not know how the incident was caused. However, based on the news reports thus far, it is most likely that the cars were stationary when the attack occurred.

Thus, there is no compensation under the MAIA.

Is There an Intentional Tort of Battery? Maybe, But It Might Not Pay

The petrol victim may possibly claim compensation against his attackers by suing them for battery, which is the intentional, negligent or voluntary causing of non-consensual physical harm.

But it is important to speak with an accredited specialist in personal injury regarding this kind of compensation. Simply speaking, even if you are justified to compensation by the court, it does not mean that the defendant can pay it.

A personal injury lawyer will make a comprehensive search for the following information before making a claim against an attacker:

  • Any property that is known to be in the defendant’s name;
  • Any property that may be passed as an inheritance in a will;
  • Assets that are held in joint names;
  • Information regarding the defendant’s past income and current employment;
  • Instruction on whether or not the defendant is aware of potential litigation and if he/she may potentially be taking steps to liquidate or move their assets;
  • The value of the defendant’s car, boat and other assets other than property; and/or
  • Whether or not the conduct of the defendant occurred while he/she was working under the scope of their employment.

On the facts of the petrol victim, we cannot tell if his attackers have assets to pay for a judgment. Thus, he might not receive any compensation for that.

Can A Personal Injury Lawyer Help Him?

Justice should be accessible for everyone. East Coast Injury Lawyers does not stop there to help our clients.

For a victim like the young man burned by petrol, our firm would double check all possible avenues of compensation that he may have such as his superannuation policy and access to benefits such as total and permanent disability (TPD) or income protection.

He may also be eligible for Victims of Crime Assistance. This is a statutory body in Queensland that provides some compensation for people who have been injured and suffered loss from criminal activities. For more information, click here.

Justice is Sometimes Out Of Reach

Sometimes, a person’s legal rights are not given to them right when they need it. This is a problem that many people suffer after they have been victimized by an accident and suffer injury.

Do you want to know your legal rights after an accident? Contact us or give us a call at 1300 720 544 so we can fill you in on the information that you need to know.


[1] (Technical Products Pty Ltd v SGIO (Qld) (1989) 167 CLR 45; Suncorp Insurance & Finance v Workers Compensation Board of Queensland [1990] 1 Qd R 185.

[2] Sivic v Townsville Trade Waste P/L (1999) 29 MVR 235.

Free Instant Case Review

    • No Win, No Fee
    • No upfront payments
    • Free initial consultation
    • Home visits
    • Hospital visits
    • Videoconference meetings (via Zoom or Microsoft Teams) where preferred
    • After hours visits
    • 30% cap on legal fees
    • No uplift fees charged
    • No litigation lenders or interest charges on outlays / disbursements
    • Complete confidentiality
    • Immediate assessment of your claim

    *Strict time limits apply when making a claim. Do not delay.

    Managing Director

    Sean Delpopolo

    Sean Delpopolo

    Sean is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    Sean specialises in work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, brain and head injury claims, spinal injury claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    He has been running personal injury claims in Queensland for over 25 years. Sean founded our firm in 2004 and the firm has grown and gone from strength to strength on the background of outstanding service, incredible results and charging really fair fees.

    With an innate sense of fairness and justice, this motivates Sean and his team to do everything they can to ensure that the results they achieve for their clients are something that they can all be proud of. In Sean’s mind, the interests of the firm’s clients come first, before anything else, and this value has flowed on through to the entire team.

    As a father of two daughters, Sean understands that his clients’ personal injury claims can make a huge difference to their lives and the lives of those around them. This is why he has made it his life’s work to fight for the “little guy” to obtain the compensation they deserve.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Director

    Helen Ashton

    Helen Ashton

    Helen is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    As an Accredited Specialist in Personal Injury Law, having been awarded the highest achiever award for the course in 2015, Helen has a high level of knowledge and technical expertise. Admitted as a Solicitor of the Supreme Court of Queensland in 2001, she also has extensive experience in running all types of personal injury claims.

    Helen specialises in work injury claims, workplace injury claims, motor vehicle accident, motorcycle accident injury claims, other road accident injury claims, medical negligence claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Helen has a friendly and approachable personality and strives to ensure that her clients are kept well informed and are provided with quality and practical legal advice.

    As a mother of three young children, Helen understands the impact events can have on a family unit and works proactively to achieve the right result for her clients in the shortest possible timeframe. Helen has the ability and the experience to assist clients with a wide variety of claims, including any personal injury claims with a high level of complexity and those that have had catastrophic consequences.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Special Counsel

    Nickelle Morris

    Nickelle Morris

    Nickelle is an expert in personal injury claims and has been recognised by the Queensland Law Society as an Accredited Specialist in Personal Injury Law.* She was awarded the highest achiever award for the accreditation course which she completed in 2022. Nickelle was also a finalist in the Special Counsel of the Year category in the Australian Law Awards in 2019.

    Nickelle has been practising exclusively in personal injury litigation for over 20 years. She has extensive experience in catastrophic claims and fatality claims across all practice areas.

    Nickelle specialises in catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, public liability injury claims, medical negligence claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Nickelle prides herself on being a technical, yet practical and compassionate lawyer. She takes her time to understand her client’s situation and to ensure that they have an understanding of their rights and entitlements. Nickelle is a tenacious and passionate advocate for her clients and is dedicated to being proactive in ensuring her client’s needs are met and achieving the best outcome for her clients.

    Outside of work, Nickelle is a mother of two children and is a member of a number of committees both within the legal industry and community.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Special Counsel

    Barry Mcgee

    Barry has always loved a spirited debate, and, with over 20 years specialising exclusively in personal injury litigation, his passion, skill and ability to assist his clients is well known throughout the Queensland profession.

    Barry specialises in work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Barry’s legal career began in his native Scotland, where he qualified as a Solicitor in 1998. Upon qualifying, he worked for a boutique practice, and then a top-tier national firm, representing a number of different insurers across a variety of industries. With years of working for insurers under his belt, Barry is able to see matters through the eyes of his legal opponents. Forewarned is forearmed, as they say!

    He was admitted to practice by the Supreme Court of Queensland in 2007. In Australia, he commenced working for a large national firm, where he spent 15 years practicing in personal injury litigation. He was made a Partner of the firm in 2011 and spent 11 years as the firm’s dedicated in-house Special Counsel. As Special Counsel, Barry provided expert advocacy and strategical advice and assistance to the firm’s personal injury lawyers and clients of the firm alike.

    Barry has significant and extensive experience across a wide variety of personal injury claims. He is compassionate, personable and straightforward, with a keen sense of what is fair and just and a reputation for not settling for anything less than his client deserves.

    Outside of work he enjoys surfing, the outdoors, music and spending time with his wife and 3 young children.

    Special Counsel

    Charlotte Evans

    Charlotte has practised exclusively in personal injury compensation litigation for over 20 years.

    Charlotte specialises in sexual abuse claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    She is committed to fighting for the rights of plaintiffs and helping her clients through the legal maze, to achieve outcomes that put people back in control of their lives. She has had experience in taking a number of personal injury cases to Trial and winning hard fought cases for her clients and she does not shy away from a challenge.

    Charlotte has a friendly and approachable personality and strives to cut through the legal jargon to make the personal injury claim process understandable for her clients whilst ensuring that her clients are also kept well informed throughout their claim.

    Out of the office Charlotte is a busy Mum, who now enjoys the privileges of living in beautiful Queensland and making the most of all it has to offer.

    Special Counsel

    Prue Prescott

    Prue has been running personal injury claims for nearly 20 years. This has involved acting for injured claimants in most areas of personal injury law including workers’ compensation injury claims, motor vehicle accident injury claims, public liability injury claims, death and fatality claims, psychiatric injury claims, National Injury Insurance Scheme (NIISQ) claims and total and permanent disability claims.

    Prue enjoys handling the more complex claims, such as traumatic brain injury, fatal injury and nervous shock claims, as well as claims involving complex legal principles. Prue seeks to use her Masters qualification in writing and literature to tell each and every client’s individual story, ensuring they are treated fairly by insurers and that they obtain the compensation they deserve.

    In 2019, Prue was nominated by the Women Lawyers Association of Queensland Inc as an Inspirational Lawyer.

    Outside of work, Prue is a busy mum of boys but also tries to find the time to read, write and explore nature.

    Office Manager

    Julie Hollonds

    Julie is a highly dedicated and experienced office manager who has been an integral part of our team for the past 14 years. Bringing a wealth of knowledge with over 35 years of experience in administration, Julie keeps our office running smoothly and efficiently.

    Outside of work, Julie loves to walk, snorkel, spend time with friends and explore the beautiful Northern Rivers region of New South Wales.

    Legal Assistant

    Aleisha Harrigan

    Having worked as a legal assistant for over five years, Aleisha has a wealth of experience in the field of personal injury. Since joining East Coast Lawyers, she has been an essential part of providing invaluable support to solicitors and our clients. Her abilities extend beyond legal matters with Aleisha providing training to our assistants and administrative team, and streamlining processes and procedures, ensuring that the workflows operate smoothly and effectively.

    Outside of work, Aleisha has a passion for reading and music. She can often be found immersed in a good book or a live concert. She values spending quality time with her family, friends and her beloved dog, Kevin.

    Legal Assistant

    Kym Arrowsmith

    Kym is a knowledgeable legal assistant with fifteen years of expertise in the field of personal injury law. She is passionate about supporting clients through the process and obtaining the best possible outcome for them. As a valued member of our team, Kym takes pride in her work and is committed to sharing her extensive experience and knowledge with our other team members.

    When Kym is not busy with work, she loves spending time with her family and friends, and enjoys discovering new places, whether it be through the pages of a biography or on her push bike.

    Legal Assistant

    Alece Turner

    Alece is a law student who is extremely motivated and passionate about personal injury law. She is hardworking, and always strives to produce the best possible results for our clients.

    Her dedication and eagerness to learn more about the law makes Alece a great addition to our team.

    When not working or studying, she loves spending time with her son at the beach or at one of our amazing theme parks.

    Legal Assistant

    Georgia Ryan

    Georgia recently joined the team in February 2023 and has been working within the industry for the last three years. She is enthusiastic about helping new and existing clients, and with her bubbly personality and can-do approach makes her an excellent addition to our team.

    Raised in Tasmania, Georgia moved to Queensland in early 2017 and hasn’t regretted it since. She loves the warm weather and lifestyle. Outside of work, Georgia loves travelling, dining out and spending time with family and friends.

    Legal Assistant

    Claire Rezny

    Claire is one of our hard working and devoted Legal Assistants. With over 25 years’ administrative experience, her attention to detail, willingness to help others, and calm demeanour makes her a real asset to our team.

    Claire is well travelled and, during her time in the USA, Claire discovered a newfound love for reading, which led her to become a proofreader for several published novels. Claire also enjoys landscape and wildlife photography and spending time with her family and puppy.

    Receptionist and Administrative Assistant

    Ella Donnelly

    Meet Ella, our receptionist and administrative assistant, with a passion for law and criminology. She is currently working towards a career in the police force. Ella is always eager to help others and is dedicated to providing excellent customer service to our clients.

    Ella’s bubbly and outgoing personality shines, making her a perfect receptionist. Despite her busy timetable with working and studying, Ella finds time to pursue her love of acting. Being a performer at heart, Ella has had a chance to showcase her natural flair for the arts in theatre productions.

    RECEPTIONIST AND ADMINISTRATIVE ASSISTANT

    Shayla Riley

    Shayla joined our team in September 2023, coming from an extensive background in customer service.

    Shayla is a law student who is very passionate about personal injury law. With her bubbly personality and can-do attitude this makes her the perfect person for her administration support role.

    When Shayla is not in the office you can find her enjoying all things outdoors, getting lost in a good book or spending time with her two rescue dogs Bear and Ella. 

    RECEPTIONIST AND ADMINISTRATIVE ASSISTANT

    Brooke

    Meet Brooke, our receptionist and administration assistant. Brooke has over 3 years’ administration experience in personal injury law and is eager to provide high quality customer service to our clients.

    Brooke finds joy in helping others and is extremely hard working making her a real asset to our team.

    Out of the office you may find Brooke at a racetrack as she has a passion for fast cars. Brooke also likes spending her time enjoying outdoor activities such as swimming and hiking but will never pass up the opportunity to indulge in some retail therapy.