When you are injured because of someone else’s negligent actions or omissions a claim can be commenced against the at fault party provided certain legal criteria can be met. We commonly refer to these types of claims as common law claims or you might know them as negligence claims.

When making a common law claim there are two main considerations; one being liability and the other quantum. To put it simply liability refers to who is at fault and quantum is about damages or how much you will be paid. There needs to be an at fault party in order for you to claim damages. You are not entitled to damages unless you can prove liability. Of course the legal hurdles and tests that need to be determined in order to prove both liability and quantum are complex and technical and that is why it is important to have the assistance of an appropriately specialised compensation lawyer if making a common law claim.

While we distinguish the types of claims under headings such as motor vehicle accidents, work accidents, public liability, medical negligence by way of example the general principles of liability and quantum apply.

Liability

In order for your claim to be successful the following needs to be established by the evidence:
1. There was a duty of care
2. There was a breach of that duty
3. There was damage occasioned by the breach (causation);
4. Foreseeability (remoteness) of damages.

A common law duty of care arises only in relation to the injury complained of by the plaintiff, and is established by reference to the “neighbour principle”. The neighbour principle involves a consideration of the relationship between the plaintiff and the defendant and of whether injury to the plaintiff is reasonably foreseeable by the defendant as a consequence of the defendant’s conduct within that relationship.

Hall Payne provide specialist services in superannuation and insurance claims and appeals. More specifically, we provide legal advice and representation in matters relating to superannuation disability claims (Total Permanent Disability (TPD) and Terminal Illness (TI), death benefit claims and income protection insurance claims.