Injured? Here Are 4 Common Law Claims You Need To Know

Injured? Here Are 4 Common Law Claims You Need To Know

If you have a work related injury which resulted from your employer’s negligence, there are certain circumstances in which you may make a common law personal injury claim or a workers compensation claim under common law.

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30+ years experience

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If you’ve been searching for terms like ‘list of compensation payouts for common law claims’, chances are you’ve been injured and are trying to see if your claim is valid. 

LHD Lawyers knows how intimidating the legal process can be, especially when so much of your energy should be put into recovery. So, we’re to navigate the basics of personal injury claims and what types of situations call for them. 

What is a common law claim?

If you’ve been injured in an accident that wasn’t entirely your fault, you may be eligible for a common law claim for compensation due to negligence.

Common law claims provide a crucial avenue for individuals who have suffered harm or loss because of someone else’s negligence or wrongful actions. If you find yourself in a situation where your injury wasn’t your fault, pursuing a common law claim could help you seek the compensation you deserve.

Are you unsure if you have a valid case or not? You can turn to LHD Lawyers for a free claim check.

What types of common law claims are typically pursued in Australia?

There is a wide variety of circumstances in which an individual can seek compensation for harm caused by another party’s negligence or wrongful actions. Each type of claim has specific criteria and circumstances under which it can be pursued. 

Let’s take a closer look at four common examples of common law claims: workplace injuries, motor vehicle accidents, public liability and medical negligence. 

#1: Workplace injury claims

Workplace injuries could result in common law claims against employers.

If you’re injured at work due to employer negligence, you may be entitled to file a common law claim. These injuries can stem from various scenarios of workplace negligence, such as when an employer fails to provide a safe working environment or implement necessary safety protocols. Under common law, you are entitled to seek injury compensation for harm caused by such negligence. 

Compensation for workplace injuries could include a wide range of damages.

A successful claim helps you receive financial support for recovery and holds the negligent party responsible. It can cover various kinds of damages like medical expenses, rehabilitation costs and lost wages, ensuring you have the financial support needed to regain your health and stability. 

To improve your chances of getting maximum compensation, hire a personal injury lawyer who can help guide you through your common law rights and other essential details when it comes to employment law claims. 

#2: Motor vehicle accident claims

Motor vehicle accident victims could seek compensation for injuries.

Whether you’re a driver, passenger or pedestrian, if you’re injured in a motor vehicle accident caused by another driver’s negligence, you could file a common law claim. Accident claims could help you recover costs associated with your injury, such as medical bills and lost income.

Filing a motor vehicle claim requires evidence.

Gathering solid evidence is a critical step in the process of filing a motor vehicle claim. 

Accident reports can offer an official account of the incident, detailing what happened and who was involved. Medical records provide a thorough overview of the injuries you’ve sustained and the treatments you’ve received, bolstering your case by showing the direct impact on your health. Witness statements can also be valuable, offering third-party accounts that corroborate your version of events. 

#3: Public liability claims

Unsafe conditions could lead to claims against property owners.

You could file a public liability common law claim if you’re injured in a public or private space due to unsafe conditions. Whether the injury occurs in a public park, a shopping mall or even a private residence, you can hire a public liability lawyer to help you file your claim. 

Public liability claims are meant to hold property owners responsible for maintaining safe environments. An unsafe condition, such as a wet floor without warning signs or a broken staircase, places visitors at risk and can lead to significant injuries.

#4: Medical negligence claims

Providers could be held accountable for negligence resulting in injury.

Medical negligence claims arise when healthcare providers fail to meet the standard of care expected, leading to patient harm. This can include a range of scenarios such as misdiagnosis, incorrect treatment, surgical mistakes, medication errors or inadequate aftercare. 

Legal guidance is crucial in getting and presenting evidence that shows the injury was caused by the healthcare provider’s actions or lack thereof. Proving this is key for building a strong, well-substantiated case for your medical malpractice claim.

Holding healthcare providers accountable through medical negligence claims could also help maintain the integrity of medical care standards.

LHD Lawyers could help with your common law claim.

Proven track record: Your success is our success.

With a 99% success rate, our firm has a proven track record of delivering positive outcomes for our clients. Our team has the skills and experience to build strong cases, and our expertise has led to remarkable results, with clients receiving the financial support necessary to reclaim their lives.

We offer expert legal guidance.

You don’t have to figure out how to file a common law claim alone. We’re here to simplify the complexities involved in the common law claims process so you can make informed decisions throughout the process.

Access legal representation with less financial worries.

Our No Win No Fee policy means that you don’t have to pay any legal fees (other than defendant costs) unless we win your case for you. This way, our services are more accessible to a wider range of clients. 

Frequently Asked Questions (FAQ)

Who is entitled to make a common law claim?

What injuries are covered in a common law claim?

How long does it take to resolve a common law claim?

What is the process for gathering evidence in a common law claim?

What compensation am I entitled to in a common law claim?

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