Claiming Compensation
A Short History of Negligence Lawsuits
The history of negligence lawsuits has essentially been an attempt to determine what is considered to be a reasonable duty of care given a certain set of circumstances. As the way we live has changed, this has obviously come under a great variety of interpretations, but duty of care has always been at the centre. The following is a short history of negligence lawsuits.
Donoghue v. Stevenson
This groundbreaking case involved a Ms. Donoghue, who found a snail in her bottle of ginger beer and filed a lawsuit against the maker of the product. Donoghue won on the basis that it was agreed that the manufacturer had a duty of care to the consumer in ensuring they suffered no physical or psychological injury from using or ingesting its product. This decision was extremely significant, as a similar lawsuit 20 years prior involving a Mr. Bates had ruled that injuries suffered by Mr. Bates when his bottle of ginger beer exploded in his face were not the fault of the manufacturer. Ms. Donoghue’s case helped solidify the idea of psychological damages in regards to duty of care.
Claiming Compensation for Slips or Falls
Whether at work, in a private residence, or on public property, those who have been injured due to a slip or fall can obtain compensation. In this article, we examine the major options for individuals who have been injured under any of these circumstances. It’s advisable to seek counsel quickly from compensation lawyers in Sydney or your local area for specific and accurate advice about your particular options for compensation.
Slips or Falls at Work
Under the OHS Act, employers have a duty to take reasonably practicable steps to ensure health and safety at work. They also have a further duty to ensure third parties on or near the workplace are protected from risks to health and safety.
If an employee suffers injury from a slip or fall at work, they may have two different avenues for receiving compensation. The first is under the NSW workers compensation scheme, which is a no ‘fault’ scheme. The second is under the common law as a negligence claim, which will require the demonstration of fault or negligence. The second option may provide entitlement amounts that are significantly higher than those available under the workers compensation scheme.
Understanding Time Limitations for Compensation Claims
Strict time limitations apply for compensation claims in most cases. Whether the claim relates to a motor vehicle accident, is a work injury, or a personal injury, use this guide for a quick overview of time requirements for bringing an action or lodging a claim, though it’s always best to seek advice from compensation lawyers in Sydney or in your state or territory for specific information on time limitations for your claim.
Motor Vehicle Accident Claims
In NSW, the Motor Accidents Authority is responsible for administering the Compulsory Third Party Scheme. Generally, a time limit of three years applies for making and settling a claim with the Motor Accidents Authority applies. However, in most cases, claim forms for motor vehicle accident personal injury claims are required to be submitted within six months of the accident.
If you’re claiming through a court, you’ll also have three years from the date of the accident to commence proceedings at a court, though it’s always best to initiate a claim or proceedings as soon as possible.
6 Strategies for Obtaining Maximum Entitlements from Insurers
For those who have experienced an injury at work, as a result of someone’s negligence, or due to a motor vehicle accident, it’s important to be aware of the full compensation entitlements available and to explore all available options. In addition to obtaining the advice of compensation lawyers in Sydney or your local area, we look at some of the other strategies you can undertake to obtain your maximum entitlements from insurers throughout all stages of the process.
1. Supporting Documentation
For any personal injury claim, preparing adequate supporting documentation is a critical component in ensuring that you’ll be provided with maximum entitlements. Evidentiary requirements can vary depending on what you’re claiming, your personal situation, and whether you’re claiming for personal injury resulting from someone’s negligence, workplace injury, or a motor vehicle-related injury. Where possible, obtain professional advice to make sure that your case is strongly made out in your claim.
2. Act within Time Limitation Periods
4 Costly Mistakes to Avoid in Your Compensation Claim
For most people who have been injured at work, in a motor vehicle accident, or due to some other party’s negligence, a key priority is to obtain rightful compensation to enable quick rehabilitation and recovery so they’re able to resume their life as soon as possible. While consulting compensation lawyers in Sydney or in your local area is the best way to proceed, knowing about some of the most common mistakes by compensation claimants can help you avoid costly errors.
1. Not Seeking Professional Advice
Compensation law is a specialised legal area that draws on a combination of knowledge about legislation, case law, and procedure. Many claimants who don’t seek professional advice end up losing thousands or even tens of thousands of dollars in compensation entitlements.
Further, while there are no time limitations for applying under compensation categories such as lump sum payments, in most cases, there’s a three year limitation on bringing your claim. This means you can lose your opportunity to obtain full compensation after the limitation dates.
More than Medical – Compensation Claim Comparisons
If you’ve been injured as a result of someone else’s negligence, suffered an injury at work, or have been injured in a motor vehicle accident, you may be eligible to claim for more than just your medical expenses. Many people who are injured are unaware that they’re entitled to be compensated for loss relating to other factors such as loss of wages, pain and suffering, and even some medical travel costs. While compensation lawyers in Sydney or elsewhere in Australia are qualified to provide the best advice for your individual circumstances, this article is a good starting point for knowing about some other types of compensation payments.
General Damages
General damages, such as those for pain and suffering and loss of enjoyment of life, may be available to you if you’ve suffered injury. Non-economic loss based compensation for impairment, pain, and suffering may be available for those injured in a motor accident if the level of their Whole Person Impairment is determined to be 10 per cent or more.
Medical Treatment Expenses
3 Situations Requiring Compensation
Compensation law means individuals and entities such as businesses are held responsible for their actions or omissions against other parties. In the case of personal injury law, the goal of compensation is to ensure that the parties suffering injury obtains adequate recompense for their trouble. While compensation lawyers in Sydney and elsewhere in Australia are the best source for specific individual advice, we look at three of the most common situations that attract compensation.
1. Negligence
While personal injury law cover intentional torts and strict liability torts, some personal injury cases concern negligence. There are three key elements that must exist for a claim of negligence:
- Duty of care. There must have been a duty of care owed to the person. The law of negligence means we all have a duty of care to take reasonable care not to cause harm to another person or their property, where the harm is foreseeable.
- Breach of duty of care. The person must have failed to take reasonable care not to cause harm to another.
- Injury. Some injury, harm, or loss must have resulted from the breach of duty of care or failure to take reasonable care under the circumstances.
When to Contact a Compensation Lawyer
Compensation lawyers in Sydney and elsewhere typically deal with negligence, personal injury, motor accident claims, and work place injury compensation cases. If you’re wondering if you should contact a compensation lawyer, read our guide to the situations in which you may benefit from seeing a lawyer about obtaining compensation.
If You’re Unsure About How Much You Can Claim
In some cases, it’s important to get thorough advice from your compensation lawyer about how much you’re able to claim. If you’re dealing directly with an insurer yourself, you may end up with a much smaller compensation package than if you used a lawyer to represent your case. Staff representing your insurer do not provide the crucial independent advice necessary to allow you to realise your full compensation entitlements.
As there are different compensation schemes that may apply to your situation, it’s always best to see a lawyer if you have any doubts at all. Many lawyers offer representation on a flexible, no-win no-fee basis.