Personal Injury - Claim Compensation for Personal Injury Damages

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 -

The person, company or organisation you wish to sue owed you a duty of care and did not take reasonable action to protect you against a foreseeable danger
In the circumstances in which you were injured the defendant breached that duty of care
As a result of that breach of duty of care you suffered damage and
The injury you received was caused by the breach of duty of care.

Examples of Personal Injury Claims -

Motor Accidents - Vehicular and Motorcycle Accidents
Medical Negligence - Misdiagnosis etc.
Slip and Fall
Product Liability
Workers Compensation - Workplace Related Injuries and Accidents
Professional Negligence

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?

Causation

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 -

Compensation for economic loss (loss of earnings, medical expenses, etc) - and
Compensation for non-economic losses ('general damages') like pain and suffering, disfigurement etc.

To receive the maximum damages on your Personal Injury Claim talk to the professionals at Concise Reporting by contacting us here or if you wish to go into more detail for your claim click here.