Personal Injury
If you have been injured in a public place, at work, in a motor vehicle accident or other situation, it is important to obtain legal advice quickly, so you are aware of your rights and entitlements and the appropriate claim can be made. Compensation is a thing (usually money), given in recognition of someone’s loss, suffering, or injury. As your solicitors, our aim is to ensure that you receive your full entitlement to compensation, as quickly and inexpensively as possible. We can assist you with:
- Motor vehicle accident claims
- WorkCover claims / workers compensation
- Public liability
- Medical negligence
- Loss of dependency claims
Purpose of Compensation Law
For centuries, common law (made by courts) has recognised that you should receive compensation for loss suffered because of someone else, if they had a duty to be careful to avoid that suffering. This is not a windfall, but an attempt to put you back in the position you would have been in, had it not been for someone else’s wrongdoing.
In more recent times, various governments have stepped in to pass legislation and introduce schemes to regulate compensation law. Some of these initiatives aim to cap the amount that can be received in compensation, or to streamline a process so that the courts are not clogged with compensation cases that drag on for years. Broadly speaking, governments have been concerned to prevent common law compensation from stifling business and community activities. If, for instance, there was no regulation of compensation following a motor vehicle accident, this could increase insurance premiums to unsustainable levels. Nevertheless, the basic premise remains that if you suffer a loss due to someone’s carelessness and they had a duty to be careful, the person responsible for that loss must do what is possible to make you whole again.
Areas of Compensation
Compensation law is not straightforward in any area. Depending upon where the injury occurred, whether or not you were at fault, and your degree of injury, you may be eligible under multiple schemes. Some of these schemes are mutually exclusive (so if you go down one path, you cannot go down another), and each has pros and cons that a solicitor can explain to you. In some cases, you may be able to apply for common law damages for negligence, where you seek compensation through the courts, which can yield a much larger payout but will likely take significant time, stress, and expense.
Areas where we can help you seek compensation include when you are injured in a motor vehicle accident, in a public place, at work, or while receiving medical treatment. In each case, someone had a duty to take care (a duty owed to you by other drivers, the owner/occupier of the premises, your employer, or your doctor). If they fail in their duty and you are injured, they are responsible for making things right.
Motor vehicle accident claims for injuries suffered by motorists, passengers, or pedestrians due to the fault or partial fault of the driver of a motor vehicle are made through the Compulsory Third Party (CTP) insurer of the at-fault vehicle. Compensation is assessed under a statutory scheme which imposes limits on the amount of compensation and entitlements that may be claimed.
Workers compensation is aimed at supporting workers who are injured, aggravate an existing condition, or become ill due to their employment. This is a no-fault system, providing injured workers with weekly benefits and access to medical assistance such as physiotherapy and rehabilitation and home care, whilst they recover.
Public liability claims are usually made against owners or occupiers of public spaces such as shopping centres, sporting facilities or theme parks, for personal injury that can be attributed to the negligence of the owner, occupier, or its agent. Slip and fall incidents are common types of public liability claims concerning injuries sustained by slipping, falling, or tripping in a shopping centre.
Medical negligence claims encompass a range of claims made against health providers such as doctors, specialists, nurses, dentists, hospitals, and emergency clinics. Depending on the circumstances, if you suffer injury or loss due to the negligence of a health care professional you may be entitled to compensation if you can prove that the conduct fell below an acceptable standard and the injury could have been prevented had the requisite standard been applied. These types of claims are particularly complex.
If you need assistance, contact one of our lawyers at [email protected] or call 07 4063 5900 for expert legal advice.