As to be expected, in a situation where a party is responsible for injury to another person, the Australian courts have developed laws allowing the injured person to claim compensation from the person and/or business responsible for the injury. This is called a personal injury claim. If proven that the defendant is responsible for the injury incurred, that means that there was a significant proof of negligence on the part of the defendant. A Personal Injury Lawyer will help you in your mission of proving negligence.
To prove negligence you have to show -
Examples of Personal Injury Claims -
Please note with claims under Workers Compensation Insurance in most States or Territories you do not need to prove negligence to claim lump sum compensation - contact Legal injury today for advice in this respect.
Duty of Care
Objectively the "duty of care" standard examines what a "reasonable" person would do to prevent harm to others in the same situation. Could the action have been avoided? What precautions were taken to prevent the injury from occurring?
Standard of care
What level of precaution should be owed to an individual in the claimant's particular circumstance?
Sometimes this isn't always so clear. Some injuries are not apparent at the time of an accident. Some injuries develop over time. The law recognises that in some circumstances it is not always straightforward.
If it is found out that the plaintiff is partly responsible for their own injury the damages may be reduced.
How much can I claim?
Money paid by the defendant as compensation is called damages. Depending on the seriousness of the injury, the compensation may be high or low.
Damages are divided into -
To receive the maximum damages on your Personal Injury Claim talk to the professionals at Legal Injury by filling in the form on the top right.
Please supply details of when, where (including State or Territory) and how the accident occurred, including the extent of the injury sustained.
Note full privacy is assured.