What is a Personal Injury Compensation Claim
Suffering a personal injury in public can be embarrassing, traumatic, or even debilitating. Serious accidents can happen anywhere, with injuries affecting a person’s ability to function as normal at work and home, and commencing a personal injury compensation claim becomes a crucial step in gaining financial restitution for maintaining quality of life. Taylor & Scott Personal Injury Lawyers can help you get back on your feet with the compensation you deserve.
What is a personal injury claim?
Although most people are familiar with personal injury compensation claims resulting from motor vehicle accidents, there are many other situations where personal injuries occur. If you have suffered a personal injury due to negligence or a breach of duty of care by another person or organisation, there is a good chance that your losses can be financially compensated.
When making a personal injury claim, you will need to satisfy the court that the party at fault was negligent. As the injured party, you must prove that duty of care requirements were not met. The court will assess the likelihood that harm occurred due to a lack of duty of care, and the breach of duty caused your injury. If it is determined that your injury was caused by the other party’s negligence, the court will rule in your favour and compensation will be ordered to be paid to you. Your personal injury compensation claim may be the result of:
- A work related injury;
- Medical negligence;
- Product liability;
- Sexual harassment;
- Professional negligence;
- Public liability.
The above are just some examples of situations that can result in a personal injury compensation claim. If you have suffered a serious personal injury, and you believe it was due to the negligence of another person, contact Taylor & Scott for a free case assessment to determine the likelihood of a successful compensation claim outcome.
What is negligence in personal injury compensation claims?
Claims of negligence in NSW are governed under the Civil Liability Act 2002, and is defined in the Act as arising when a person does not exercise what would be considered ‘reasonable care and skill’ in their duty of care toward another person or persons. Negligence is a breach of common law duty of care owed to another person, resulting in damage or injury. When making a claim of negligence, you will need to prove three major elements:
1: A duty of care existed between you and the negligent person or party;
2: The duty of care owed to you was breached by the negligent person; and
3: The damage or injury suffered by you was the result of the breach of duty of care.
Duty of care exists in the following relationships:
- Employer to employee;
- Doctor to patient;
- Teacher to student;
- Land owner to tenant;
- Manufacturer to consumer;
- Occupier of land to visitor;
- Road user to any other person nearby.
What is an offer of settlement in personal injury claims?
An ‘Offer of Settlement’ is part of settlement negotiations where the injured victim and the insurer attempt to reach a resolution between themselves without the need for expensive court intervention. Negotiations in an offer of settlement are undertaken by both parties legal representatives under the instructions of their clients, taking all available evidence into consideration. Settlement negotiations can result in satisfactory claim outcomes, avoidance of high legal costs, and reduced stress for the injured person.
Taylor & Scott Lawyers are highly regarded negotiation and mediation professionals who are driven to achieve the best possible compensation claim results for clients. If you require assistance to negotiate the legal minefield while attempting to get on with life after a serious accident or incident, we are on your side and ready to support you every step of the way.
At Taylor & Scott, We Care For You.