Compensation law is designed to aid those who have been suffering economic or physical loss by way of monetary awards.
Although the entitlements and the extent of compensation differs, in personal injury law, compensation may be awarded to the claimant if the loss occurred by reason of the defendant’s negligent act or omission.
Additionally, if the physical loss of the claimant is related to a workplace accident, the process is slightly modified as workers compensation is based on a no-fault scheme. Injured workers are entitled to damages regardless of negligence.
Similarly, in motor accident claims, for a limited extent, the party at fault can also receive weekly payments to cover their medical expenses and income loss. However, liability is taken into consideration for more serious cases.
Apart from workers compensation claims, commonly under personal injury law, compensation is not eligible to be awarded to parties wholly at fault.
Prior to making a claim, it would be wise to request professional assistance. Every claim has its variables and should be evaluated separately.
Personal injury law
Under the laws, personal injury is defined as bodily or mental harm. In compliance with the relevant act, many variables affect the judgement.
Negligence based accidents are mostly unintentional. Victims can be compensated for their medical expenses, pain and suffering, loss of income and decreased earning capacity. However, for intentional torts, the procedure and the damages are different.
The defendant can be charged with intentional negligence if the action involved wrongful intent. While making a decision, the court or the insurer will consider the claimant’s ability to perform daily tasks, mental harm, days off work, treatment expenditures and decreased capacity to work.
Having said that, depending on the situation, the claimant’s contribution to the negligence will also reflect on the court’s decision.
The court should be satisfied that the accident was due to a negligent act which resulted in harm. In this case, the claimant bears the onus of proof to provide the court with sufficient evidence.
However, if the insurer admits liability, the case does not have to be carried to the court. Parties can reach a settlement before the court ruling. Your legal representative can save you time and money by shortening the process.
Liability
Personal injury claims are based on intentional or unintentional wrongful act which resulted in harm.
The negligence that leads to harm can occur in many forms. Disobeying the workplace safety regulations, ignoring the hazardous factors in a restaurant, fail or delay to warning the customers about the hot objects and even simply not taking care of slippery floor in a public property falls under negligence.
It is the claimant’s duty to prove the negligence during the claim. Almost in any branch of social life, responsibilities exist.
An employer is liable for the workplace’s safety, a doctor is liable for the patient’s medical condition and a party host is liable for the guest’s wellbeing.
Proving negligence in injuries sustained on a daily basis, such as accidents in a shopping centre are easier to prove in the court.
However, professional liability requires technical competence and deep examination as not every adverse outcome is considered as negligence. Inherent and obvious risk factors should be evaluated before an action.
Doctors, surgeons or practitioners are not liable for treatments that involve natural risk. Or in recreational activities, if the cautions were made, the business might not be liable for injuries which are determined as a part of the activity.
The key point is the implementation of the process. In a medical negligence claim, as long as the medical professional practised at the accepted standards; in a public liability claim, if the business took preventive measures and if the claimant does not have any further evidence to provide, the case is likely to be dismissed.
These claims should be evaluated by a compensation lawyer to fully understand your entitlements as the process is very complex.
