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What is a Negligence claim?
“Recovering from injuries after an accident is a stressful time. The last thing an injured person needs is to deal with the stress of trying to get fair compensation out of an insurer. That’s where we come in. We see it as our role not only to give our clients advice but also to take the stress out of the claim so they can focus on getting better.”
– Andrew McQuilkin, Senior Lawyer
If you have suffered an injury or loss in a home, worksite or public place, you may be entitled to damages through a claim for negligence. We find most people that have suffered injury or loss are unsure of their rights. Luckily, we’re here to help and our expert advice won’t cost you a cent up front.
Who can make a Negligence Claim?
If you were involved in an accident or incident, and suffered injury or loss, then you may have a Negligence Claim.
However, in order to bring a claim you need to show someone else was negligent. Many accidents occur in public places, homes or on worksites – in fact, basically anywhere. If you were involved in an accident of any sort, then whether you have suffered damage or loss as a result of someone else’s negligence needs to be considered. The person or entity at fault may include a host employer, a professional such as a doctor or even another person. Even if you think that you are somewhat at fault, you may still have a case.
It is best to talk to a lawyer, as many people, who have been injured in an accident, have claims and don’t even know it. In most cases there is a 3 year time limit so it is best to contact us as soon as possible.
What are the different kinds of Negligence cases?
There are a number of different circumstances in which Negligence cases can arise. It’s important your lawyer has had experience with the various kinds of cases as often different cases require different investigations. We will outline below some of the common kinds cases and some additional things to keep in mind:
Injuries on building sites often require extensive legal analysis to determine the particular actions that an injured person may have.
For instance, it may be that an employed worker is injured as a result of another party’s negligence. For instance, a carpenter could be working on a building site which also has other trades and/or a head builder working on it. That carpenter may sustain injury as a result of a hazard left by an electrician who is not employed by the same company. Not only will the injured worker have a Worker’s Compensation Claim, they also will have a Negligence Claim against one or more of the entities operating on the site. If you are injured on a building site – whether you’re employed or not – you should seek urgent legal advice.
‘Slip and falls’ are very common accidents and often lead to significant injury. Put simply, these generally involve someone slipping and falling as a result of a hazard. Often these incidents occur in shops, supermarkets, areas where food spillage is common, or on public transport.
It is wise to visit your GP or medical professional to report the injury and the cause.
These claims often require considerable investigation as to the management of the entity who has care and/or control of the place where the fall occurred. For instance, if the fall is as a result of a spillage, then the details as to the owner or occupier that is responsible for maintaining or cleaning the premises will need to be identified.
When there has been an accident in a home or rented property, it may seem as if there is no claim available to the injured person. However, many people who own homes have public liability insurance, meaning that any damages will be paid by that insurer.
Some claims that can arise against a homeowner are:
- Incidents that arise as a result of components of the home being faulty or dangerous;
- Balcony or handrail collapse;
- Electric shocks or even electrocution;
- Incidents on stairs.
If you or anyone you know has been injured in a home, it is best to contact a solicitor. If the home is owned by a friend or family, it is likely that monies paid out in relation to the claim will be made by the insurer and not the owner of the home.
These claims arise from incidents at events or in venues and pubs. By way of example, someone could be assaulted by a third party or from overly aggressive behavior by security.
We have run a number of big cases for people in the wrong place at the wrong time. Often there is a breach of duty of care by Security or the Venue. At Events, Pubs, Bars and anywhere where alcohol is served, there is a high duty of care to protect patrons and provide security and a safe place away from harm.
This is similar to a slip and fall case but usually involves a public place run by the council such as a road or footpath.
Councils have a duty to maintain footpaths and thoroughfares, and can be liable for damage arising from a failure to maintain – such as removing of tree roots, fixing up holes and cracks and repairing old or battered footpaths.
If you notice a dangerous footpath, it is vital that you notify the Council, as it is necessary to prove the council was aware of any danger, and then failed to rectify it.
This type of claim typically involves an employee of an employment agency or labour hire company being sent to work for another company or other third party. This is becoming increasingly common in the modern workplace.
A common example would be for an employee to do their induction and be paid wages by an agency, but do their daily work at a Factory – sometimes of varying location.
Sometimes employees are not even aware they are hired by a third party, and thus an employee should always check who is paying their wages.
Other than potential workers compensation entitlements, those employed through Labour hire or employment agencies may have an alternative claim or an additional party to sue. That is, they may also have a claim in Negligence against the party who has the contract with the agency. Such a claim against often provides options for a greater amount of compensation than Workers Compensation and can include money for Pain and Suffering and other Future Losses, including Economic Loss.
It is important for a lawyer to look into this type of claim for you, as it may mean you have significant entitlements beyond your weekly payment and medical treatment covered by Worker’s Compensation. It also allows the injured party to continue to receive these Workers Compensation benefits whilst we can explore other claims and entitlements on your behalf.
Assaults are governed by the Common Law. If someone you know has been assaulted in a pub or on the street, then they may have a claim for Negligence against an entity such as the pub, or for Assault or Battery against the individual perpetrator.
It is important that the police are notified of any assault. Their investigations may provide valuable evidence in pursuing a civil claim.
Please note that ‘Nervous shock’ is a legal term and not a medical one. There are two types of ‘mental harm’ claims in wrongful injury claims:
- consequential mental harm; and
- pure mental harm
In claims for consequential mental harm, one can claim mental harm secondary to a claim for personal injury. In a claim of this nature, one may claim they suffered a psychological injury – such as depression or adjustment disorder – as a result of a physical injury.
This is obviously a different scenario to that where a person alleges that their only injury is a psychiatric injury or ‘nervous shock’. Claims for solely psychiatric injury can be made by the both the person who was subjected to the negligent act as well as ‘secondary’ persons who sustained psychiatric injury through either:
- Witnessed a person being killed or put in peril as a result of negligence; or
- they are a close member of the family of the victim (as defined by legislation)
There are also some additional hurdles to overcome.
If you feel you or someone you know may have a claim of this nature you should immediately consult one of our team.
If you have suffered an injury or loss arising from the negligence of a health care professional – be it a Doctor, specialist or Hospital – then you may have a medical Negligence Claim.
Common forms of Medical Negligence claims include late or mistaken diagnosis, incorrect treatment or treatment that leads to further complications.
- A doctor failing to diagnose cancer when there was sufficient symptoms;
- A doctor failing to take adequate testing to rule out certain illnesses;
- Surgery that goes wrong or creates a poor result for the patient;
- Inadequate care from a hospital.
In each of these cases there may be a Medical Negligence Claim. These cases are very difficult and require significant investigation by your legal team. An expert doctor must provide a written report advising the treatment was negligent – falling short of the standard expected by the profession.
In these cases, there may be significant damages available to the injured party including Pain and Suffering, Economic Loss, Medical Expenses and Domestic Care.
If you feel your treatment at a doctor or hospital was inadequate or damaging, then it worth looking into and contacting us.
There are strict time limits to bring such claims so you should speak to a lawyer without delay.
The Police can arrest people unlawfully, lock them up without reason or charge them without a proper reason. In any of these events, a claim could be brought against the police for malicious prosecution and unlawful detention.
Usually a person would need to beat any charge laid by the police prior to the initiating this type of claim. They are dealt with in the common law with damages including punitive damages.
What can I claim?
If you have sustained an injury, you may be entitled to compensation for the following:
A claim for Pain and Suffering is based on the significance of your injuries, including pain, trauma and the level of medical treatment that has been required. The damages claimed or awarded also considers loss, including incapacity to work, loss of function, effects on day to day life, relationships and enjoyment of life.
The value of your Pain and Suffering Claim is determined by medical evidence and your evidence as to the effect the injury has had on your life. It requires a lawyer to look into your case and consider the long term effects of the injury, and paint a picture of the ongoing issues that may arise.
In circumstances where you are losing wages, have missed work or have suffered loss to a business or your earning capacity, then you will be able to claim Past Economic Loss.
A claim for Future Economic Loss will be made on a consideration for the likely impact the injuries and disabilities will have on your future earnings. This may include:
- Ongoing weekly loss up to retirement age;
- A buffer for all future loss;
- Time off for surgery;
- Early retirement;
- Loss of career opportunity;
- Effect on promotion and / or pay increases.
Economic loss is payable in a lump sum at the conclusion of the matter and this entitlement can be assessed as the matter progresses.
Reasonable medical expenses that are causally related to the accident are payable for the past as well as into the future.
We note that in order to determine what future medical expenses may be required we will arrange for you to be seen by a specialist who can provide an opinion as to those future expenses including the costs associated with any proposed surgery, rehabilitation, medication and other types of treatment.
A claim for past medical expense will include any costs incurred by you including for medical appointments, rehabilitation, medication and travel. It will also cover any costs paid by Medicare, Hospitals and any Private Health Insurer.
The medical expenses are payable in a lump sum at the conclusion of the matter.
A claim is available for domestic assistance in circumstances where you are unable to perform work around the house, such as household cleaning duties, personal care or in circumstances where you are unable to maintain the garden or the lawns, and as such, require someone to perform those duties for you.
Those activities are then payable by the insurer at a commercial rate. If you are unable to perform work around the house and it is presently being performed by someone else in the household which is a spouse, friend or child, then a statement from that person setting out the details of what is performed and the hours spent performing that work is necessary.
You are able to claim for gratuitous or non-paid help on the basis that it is performed at least six (6) hours per week for a minimum of six (6) months.
A claim for care can also be made for the future.
How can I make a Negligence Claim?
In order to sue for damages, you need to establish injury or loss (outlined above) and fault or liability. This is a job for your lawyers and may require requests for information and evidence in support of your claim. Once all the necessary evidence is gathered, from the Defendant(s) or Third Parties, a claim may be commenced in the District or Supreme Court.
Once the Statement of Claim has been filed, there will be a timetable of evidence set down by the court. This will include the requirements to serve Expert reports on liability, medical evidence on damages and any witness statements
What about my legal costs?
Schofield King Lawyers acts on a No Win No Fee basis in all Negligence Claims. This means that you do not pay a cent until the matter is settled or judgement received in your favour.
If you don’t receive any damages then you don’t pay. Thankfully we have been able to get millions of dollars in damages for clients over the years – with 100% success rate for cases of Negligence filed in the courts.
We are also known for charging much less than our competitors. This is because at Schofield King, your success and ongoing happiness is more important to us than profit.
We also make sure that you are not liable for Expert and Medical Reports, and that the payment of these disbursements is only made after the successful completion of your case.
- Pain and suffering
- Loss of your income
- Help with living expenses/chores
- Weekly payments or lump sum compensation
- Remuneration of your medical expenses(if applicable)
- The cost of rehabilitation
To learn more about our personal injury lawyer services in Sydney please contact us here at SK Legal as soon as possible as in this and with most legal matters, time is generally of the essence, and the sooner you act the higher the possibility of your personal injury claim being successful.
- SK Legal’s lawyers are experienced in Personal Injury and Compensation claims
- SK Legal’s lawyers have a proven track record in Personal Injury claims and Compensation claims
- No win no fee on your Personal Injury case: Dealing with Personal Injury and negligence can be difficult. At SKLegal we aim to make this simple and accessible through our no win no fee personal injury case basis
- You deal with experienced Sydney lawyers in Personal Injury: SKLegal lawyers have an outstanding track record in Personal Injury law so you know you are in the right hands.
- SK Legal’s personal injury team come to you: Can’t make it to our office? We can either come to you or contact you by telephone for a free initial consultation to discuss your personal injury claim. We make it easy for you.
It is worth knowing that many insurance and superannuation policies may provide assistance and compensation in circumstances that you are not aware of. It is worth discussing this with a solicitor to make sure that you are aware of any rights or entitlements. Get in contact with SK Legal, the leading compensation lawyers in Sydney now to learn more about the services we can offer as a compensation lawyer to get you the results and support you deserve.
We offer all clients a free initial consultation in regard to their compensation claim where we will discuss your situation in a professional and confidential manner. We will endeavour to provide you with all the necessary information to assist you in making the best possible decision. If you’re looking for a no strings attached, committed, devoted and persevering compensation lawyer then look no further than SK Legal.
Throughout proceedings, it is our number one priority to keep you up to date and informed with what is happening. If you have any questions or concerns at any time during the claim, please do not hesitate to contact us.
Please see our Legal Services for a more comprehensive list of the legal Services we offer in regards to compensation lawyering and much more for Sydney and its surrounding suburbs.
What can you expect from Schofield King Lawyers?
If you need advice on how to make a claim or pursuing the entitlements you are rightfully owed, our team is here to help you from the start. We consider that we have the leading Negligence and Compensation team in the state.
One of our senior lawyers will assist you through the process. We are always available to talk on the phone or face-to-face and we pride ourselves on keeping our clients happy and informed.
We will fight to the end for you and make sure you walk away with the best settlement possible.
If you or someone you know has been injured or in an accident, please contact us for a no obligation consultation.
Let us do our best to make insurance pay.
Get a free no-obligation consultation with one of our highly skilled
What Our Negligence
Claims Clients Say
Don’t just take our word for it.
Trust the word of the many clients we’ve helped.
After injuring my back at work and being continuously denied liability by my insurance. With special thanks to Jimmy, have been in to battle and won me the right to get me the treatment I needed.
Schofield King Lawyers, were fantastic, kept us up to date all the time, were always there to answer any questions, they were very professional at all times. I would have no hesitation recommending Schofield King Lawyers.
I got in touch with Schofield King Lawyers regarding some workers compensation. They provided good service and gave me all the answers I needed to know. I would recommend Schofield King Lawyers as I got what I was after.
I was being bullied at work and I didn't know where to turn. Fortunately, I called Schofield King Lawyers. They really know their way around the Industrial Relations system. It was like having a white knight to fight my battles when I didn't have the strength to. I have made many recommendations to Schofield King because I know they'll look after my friends and family.
Andrew just writing to you to thank you for all your support in acquiring payout. Payment was muchly appreciated I can’t thank you enough for going the extra mile for me; you went above and beyond on my case. Now thanks to your kindness and professionalism I can move forward and get back to being me.
I was was injured at work. Through working with Schofield King Lawyers, I found that I was eligible for compensation for my injury. My lawyer, Miles Hunt went above and beyond with my case and I would recommend Schofield King lawyers to anyone who asks. I especially liked their communication professionalism and personal touch to individuals cases is second to none.
I got injured at work and the insurance company declined my case when I was still getting treatment. I went to a well-known law firm but they told me they couldn't do anything about it. I went to the Union and they sent me to Schofield King Lawyers to see Jimmy. Jimmy got me the result in a faster time than he had originally estimated. The justice he got me was better than I could have expected. I am so happy with it and I recommend Schofield King Lawyers to everyone who is stuck in any problem. Thanks Jimmy.
Everyone at Schofield King has been really supportive of me and fought hard to force the insurance company to pay for my treatment. My lawyer Jimmy was relentless as he knew how important the treatment is to helping manage all the pain I have. He did a fantastic job fighting for my rights!
It has been a few days since my victory at the commission and as it is slowly sinking in. I am feeling not only vindicated but excited about the future. I haven't felt this positive for such a long time. I can not thank Jimmy enough for his great work. He has been very patient, confident and knowledgeable, and without his effort and support I wouldn't have been celebrating today. His assistant Nicole was excellent and very understanding with fast communication and great professionalism. I couldn't be happier.
After suffering a psychological injury at work, Schofield King Lawyers was recommended to me by a colleague and I was extremely lucky enough to have Miles take on my case. Miles was brilliant all the way through what was a very tough time. He was always approachable, happy to answer questions and always kept me informed. All the way through I felt very confident he had my best interest and very knowledgeable in terms of my case. I would highly recommend Miles and Schofield king lawyer and cannot thank them enough for such a successful outcome.
Having previously had my workers compensation claim dealt with by a different firm, and got nowhere (indeed, I was told to accept a very small pay out and move on with my life), I was then introduced to Miles and the team at Schofield King. It has been a very difficult fight and the insurance company have thrown everything they can me but Miles has been there every step of the way. He has put in an enormous amount of work on my behalf, been very patient and thorough throughout the whole process as well as being reassuring and totally committed. I would recommend Schofield King to anyone going through a compensation claim, they are always professional and work for best outcomes for clients as individuals rather than just another person to be pushed through the system, personally I cannot thank them enough for their dedication and support.
I would like to extend my thanks to Joanne and Miles at Schofield King Lawyers for their consistent efforts on my behalf. I have felt informed and supported throughout the process. Schofield King were positive and informative and I felt like they actually cared and they knew who I was which was important to me.... I would also like to thank Andrew the lawyer that helped at the hearing. He made it comfortable and bearable from the minute he walked in.. he explained everything and was patient as i was emotional... a real people person... so please thank him again for me. The barrister was just as comforting and supportive and i am happy with the present and possible future outcomes for my claim. Thanks again.
I had a worker's compensation claim declined after application and sought out my legal rights through Schofield King Lawyers in Port Macquarie Office via Andrew McQuilkin and the Schofield King team. After reviewing my claim, Andrew and his team quickly deduced that I had a case and with permission immediately commenced proceedings. Andrew and his team; in my opinion, have gone far beyond any expectation I had of the legal process and it is clear to me that Andrew and his team's primary concern; via numerous communications, has always been for my personal welfare. His team are courteous, professional and attentive to all needs. My worker's compensation claim has now been determined successful through the legal system. I would not hesitate in recommending Schofield King Lawyers to anyone.
Client names and photos have been changed to protect their privacy and confidentiality, but all testimonials are true and accurate accounts from the clients.