Negligence Claims  

What Is A Professional Negligence Claim?

When injury or loss is suffered due to someone else’s negligence, it’s often possible to make a negligence compensation claim. In many cases where the incident is work-related, a company insurance policy will be in place to cover such eventualities, but there are lots of other situations that can result in a negligence claim. Examples include:

• Falling over on a slippery floor
• Stepping into an unguarded hole
• Being bitten by a dog
• Suffering injury due to building hazards
• Receiving negligent financial advice

Professional negligence is understood as a breach of the duty of care between professionals and their clients. All professional occupations are guided by laws, industry standards and company guidelines, and if inferior service results in disadvantage to the client, a valid negligence compensation claim could be possible.

Is Workers Compensation A Negligence Claim?

Australian industries and businesses are governed by occupational health and safety standards. In addition, workers compensation schemes cover people who are injured while carrying out regular occupational duties. Employees are eligible for compensation if they are injured physically or psychologically at work or during work-related activities, or suffering disease caused, aggravated or exacerbated by work in the workplace. In order to sue your employer, you must reach a threshold of 15% whole person impairment.

Workers compensation is a safety net so individuals and families can maintain quality of life after life-changing incidents. Workers who have suffered workplace-related injury or illness may be entitled to a range of benefits, including:

• Weekly payments for covering regular earning capacity
• Payments for past, present and future medical expenses
• Vocational rehabilitation expenses
• Lump sum payout in cases of permanent impairment or injury

If you are injured in any circumstances, either physically, psychologically or financially, you may have a negligence claim, and seeking the guidance of Taylor & Scott compensation lawyers is strongly advised.

How Can I Be Compensated For Medical Negligence?

It’s important to seek legal advice from experts in negligence claims. Medical negligence claims require exhaustive support information to provide a genuine case for assessment. Medical negligence claims are becoming common, in part due to the surge in elective cosmetic surgery procedures, but mistakes can be made even at the best hospitals, and Taylor & Scott Lawyers are ready to give any genuine compensation proposal a fair hearing. Medical negligence scenarios include:

• Failure to recommend antenatal testing
• Failure or delay in diagnosis
• Failure to monitor a condition
• Failure or delay in providing appropriate treatment
• Failure to perform surgery with reasonable care and skill

Other situations where a valid medical negligence claim can be pursued include discharging a patient too soon, or discharging a patient who presents a danger to themselves and others. Taylor & Scott medical negligence lawyers provide the backup required to pursue a compensation case with confidence.

Is Compensation The Same As Damages?

Although legal terminology can be confusing, in this case, ‘damages’ refers to an award, paid to a person for compensating loss or injury. Damages can refer to part or full amount of financial restitution paid in a compensation case. There are variations within compensation claims, such as applicable claim time-limits, thresholds, and other compensation law stipulations.

Taylor & Scott Lawyers offer a Free Case Assessment with all negligence claims. Our expert negligence lawyers take time to answer your questions, assess your case, explain the law and advise you on whether they believe you will be successful in bringing a claim.

If we act for you, it will be on a no-win/no-pay basis, meaning if you don’t win, Taylor & Scott Lawyers will not be paid any costs. We are committed to fair and just representation for all Australians, assisting you and your family toward a better future.

At Taylor And Scott, We Care For You.

How Much Compensation Do You Get For Negligence?

If you have been injured due to someone else’s negligence or a breach of duty of care, you are eligible to receive compensation. However, the Civil Liability Ace, 2002 has been modified with emphasis on people taking more responsibility for their own healthcare and actions. The compensation you get will be based on negligence laws and evidence assessed by specialists, so it’s wise to have your own specialist legal team on the job to ensure maximum compensation claim potential.

Taylor & Scott Compensation Lawyers will strengthen your compensation claim for professional negligence, motor vehicle accident negligence, medical negligence, public liability or any other situation where negligence has resulted in serious injury, illness or loss. The amount of financial damages (payment) you receive is based on the legislation.

However, if compensation is disputed, or damages inadequate, Taylor & Scott will evaluate and strengthen your case with a convincing negligence claim document using highest levels of industry knowledge, expertise and legal services.

How Long Does It Take To Get Compensation For Medical Negligence?

Medical negligence law can be complex. For starters, medical practitioners and hospitals are likely to defend their reputation. It’s imperative to get expert advice from experienced lawyers and impartial medical experts as soon as possible if you have suffered due to medical negligence. Medical negligence is a specialist legal field and can involve investigation into surgical negligence, misdiagnosis, delayed diagnosis, cardiac injuries and other issues requiring expert opinion.

Some injuries can be carried for life, such as birthing injuries and brain injuries caused by surgical error or wrong medical treatment. Lump sum payouts are possible for catastrophic injuries where quality of life is significantly impaired, although maximum potential recovery from injuries needs to be considered before damages amounts can be accurately calculated.

If we believe your medical negligence claim has merit, a highly skilled barrister will be briefed regarding the claim. Once the barrister has reviewed the evidence, he/she will arrange a meeting with the legal team and client. Taylor & Scott Medical Negligence Lawyers also employ the services of independent specialists when required.

Can You Sue A Doctor For Pain And Suffering?

Pain and suffering is considered a non-economic loss. However, if you have been injured to a significant degree due to medical negligence you are entitled to make a compensation claim for covering pain and suffering.

In some cases, pain and suffering compensation can make up the major portion of entitlements, particularly for young people, retirees and the unemployed. Pain and suffering incorporates the following:

• Present pain and suffering;
• Expected future pain and suffering;
• Impacts on functional capacity;
• Permanent physical disfigurement;
• Loss of enjoyment and amenity of life;
• Inability to participate in former activities:
• Psychological injuries such as stress or depression.