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.
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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?
Work injury common law claims do not necessarily have to be against an employer. These claims can also bring in other third parties.
For example, if your work injury was caused by the negligence of another contractor on a construction worksite, you could bring a common law claim against the other contractor. Ultimately, the negligent party, or parties, should always be held accountable for the damages that they caused.
What injuries are covered in a common law claim?
Common law personal injury, or common law claims psychological injury – are covered under a common law claim, and result in what are called common law damages.
An impaired person is entitled to claim common law damages for past economic loss suffered due to the loss of income. The injured worker can also claim for future loss that will be suffered owing to the incapacity and inability to earn.
An injured worker is entitled to claim for medical and rehabilitation expenses. This includes, but is not limited to:
- Expenses incurred towards medical treatment (including doctors and specialists),
- Expenses incurred towards hospital visits, stays, and services,
- Expenses incurred towards any ambulance services,
- Expenses incurred towards rehabilitation like physiotherapy
The injured worker is also entitled to claim for out-of-pocket expenses, these include:
- Expenses incurred towards aids and appliances (such as crutches, wheelchairs, etc),
- Expenses incurred towards travel to medical examinations, treatments and medications
If a person has lost their superannuation benefits due to workplace injury, they can make a common law claim for personal injury damages provided the other party is negligent.
In cases where common law damages can be pursued and you are entitled to get economic loss damages, you can claim lost superannuation as part of your damages.
How long does it take to resolve a common law claim?
The time it takes to resolve a common law claim depends on the case’s complexity.
Simple cases with clear-cut evidence and cooperation from all parties may settle more quickly, sometimes within months. More complex cases involving detailed investigations or disputes over evidence and liability could take longer.
What is the process for gathering evidence in a common law claim?
Gathering evidence involves documenting the incident, collecting medical records and obtaining witness statements. At LHD Lawyers, we could manage the entire common law claims process on your behalf, and that includes determining which documentation is essential and gathering all necessary records.
What compensation am I entitled to in a common law claim?
The amount and types of compensation depend on the nature of your injury and the specifics of your case. However, they typically cover medical costs, lost wages, and even pain and suffering damages.
Why claim with LHD Lawyers?
Compensation done differently
With LHD Lawyers advocating for you, you can rest easy knowing your common law claims case is in good hands. We’re here to bring clear, empathetic and professional guidance and advice to the table. So, get ready to move forward with your life as we help you fight for the compensation you deserve.
Contact us today at 1800 455 725 for a free case assessment.
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