Negligence cannot be determined by an individual or even the police. Negligence can only be determined by a lawyer or a judge.

Negligence may relate to an injury in a road accidents or work related accidents. In terms of road accidents or in a car accident, negligence lies with the other driver who is to blame for the accident or is at fault. Car injury compensation or Workers Compensation lawyers Canberra may be awarded when blame is clearly proven.

Some States and Territories in Australia operate a fault based scheme and in other parts a non-fault based scheme. It is important to know your rights to injury compensation.

A third party insurer pays out a negligence claim (or a common law claim). It is in your best interest and very important to contact an independent Compensation injury helpline before you proceed. This is because the laws in some States and Territories differ, and you may be signing away all rights to further injury compensation i.e. car injury compensation or work injury compensation lawyers Canberra.

Common law claims

When negligence has been determined by a no win no fee lawyers Canberra, a person may continue onto common law. A common law claim is a lump sum payment taking into account future economic losses and awards a person for their pain and suffering.

Every case is assessed individually and Common Law is based on specific facts and information relating to the claim. Work injury compensation recovered for damages in relation to physical injury or mental state following an injury are not the only factors involved in assessing a case. Other factors are how an injury has affected a person financially or in their personal relationships as a result of the injury.

What is negligence in respect to road accident claims?

Motor accidents often involve many factors and contributory factors. A claim in respect to a road accident could involve not only the actions of another person but also the contribution of your own actions. Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage. Check out Motor Vehicle Accident Lawyers Canberra for help.

Negligence claims

There are many reasons for filing a personal injury claim which involve negligence and these include car accidents, work accidents, dog bites, industrial illness, slips, trips or falls in public or private places, repetitive strain injury, military accidents as well as a wide range of other incidents that have long term physical or mental effects.

Reasonable Duty of Care

In the case of work related injury and accidents, for either or both parties to be negligent, it is necessary to show that they owed each other a 'duty of care'. The guilty party must have breached that duty of care by failing to act reasonably in doing something that a reasonable person would not have done in the same circumstance. Alternatively, the guilty party may have failed to do something that a reasonable person would have done. In addition - damage, compensation for work injury or financial loss must have occurred to the victim directly as a result of the other parties' actions.

The basic rule in these cases is that if the accident, injury or loss that you suffered was the result of the negligence of another person who owed you a duty of care, then you can make a negligence claim.