What is a Common Law Claim for Damages?
When we talk about a Common Law Claim for damages, we are talking about what is more commonly recognized as a law suit - it is where you take legal action against a party for a negligent or wrongful act or omission which has caused you injury, to recover damages for loss and damage you have suffered because of those injuries. An example of this is where you suffer an injury at work and you sue your employer for your work injury to recover damages, or where you sue the driver of a vehicle for causing you injury in a motor vehicle accident.
When we talk about "damages", we are talking about compensation for pain & suffering, loss of income, superannuation benefits, medical expenses and care costs (all past and future losses), as well as interest on these past losses, sustained as a consequence of your injuries. Now unlike a workers' compensation claim, a Common Law Claim is not based on a "no-fault" scheme. In fact it is just the opposite. You will only have a Common Law Claim for damages if your injury has been caused or contributed to in some way by the negligence or wrongful act or omission of another party (e.g. your employer or a co-worker, the driver of another vehicle, management at a shopping centre etc).
To succeed in such a claim, you have to prove that the party who you are suing has acted wrongfully or negligently and this has in some way resulted in your injury occurring. The test is one of "reasonable care" and “reasonable foresee-ability” of the injury occurring as a result of the negligent or wrongful act or omission.
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Contact us, The Personal Injury Lawyers to find out what your rights and entitlements are. You can also chat live with us, or email us and we'll contact you. Remember, strict time limits apply to claims for most injury compensation in Queensland.
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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation. Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing. Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.