Legally, negligence covers a lot of ground. A person can do or not do something that “a reasonable person” would do or not do in a given situation, resulting in damage, loss or injury. This leaves a lot of room for interpretation. To prove negligence, you must be able to show that someone owed you a duty of care, didn’t provide that care and caused you loss, damage or injury.
Duty of Care
According to the law, “duty of care” means that we must take “reasonable care” not to cause any harm to anyone or their property when that harm could be called “foreseeable.” Whether or not someone actually owes a duty of care is subject to interpretation.
When is Personal Injury Caused by Breach of Duty of Care?
This can be obvious, such as someone slipping on a wet floor and sustaining a concussion, or there can be complicated circumstances, such as multiple falls in multiple places. A definite connection must be established between the breach of duty of care, the event and the damages. This can be difficult for a layman.
Making a Claim
Negligence claims are handled in civil court. The laws are extremely complicated and you will need to hire a lawyer. There are some very strict time limits, depending upon the situation, so time is of the essence when considering a claim.
You will need to get together with your compensation lawyer and figure out if the amount of money you may receive and the likelihood of winning the case justify the expense of taking it to court. You need to go over basics such as who you are making the claim against, the costs of trying the case, such as court fees, witness fees and legal costs.
Often, the two sides get together and negotiate a settlement to save the time and money of going to court. This is something that your lawyer will attempt to do if it seems like a wise choice and with your permission.
Have You Been Injured Due to Negligence?
If you believe you may have suffered damage or injury due to negligence, call Bradford and Co, one of Perth’s leading firms, for a consultation. If you have a valid claim, we can help you. (08) 9316 2299.