Being injured due to someone else’s negligence can change your life. Whether it’s a workplace accident, motor vehicle crash or public liability incident, understanding your legal rights is crucial. If you live in Queensland you may be entitled to compensation under both statutory schemes and common law claims. In this guide we will go through common law claims in detail and how Queensland compensation lawyers can help you get the compensation you deserve.
What is a Common Law Claim?
A common law claim is a legal action against a negligent party to recover damages for an injury. Unlike statutory claims which provide fixed benefits, common law claims allow injured individuals to seek a broader range of compensation including pain and suffering, loss of income and future medical expenses.
To succeed in a common law claim the injured party (plaintiff) must prove:
- The defendant owed them a duty of care.
- The defendant breached that duty.
- The breach caused the injury or harm suffered.
Common Situations Where Common Law Claims Apply
Common law claims can arise in many situations including:
- Workplace Injuries: If an employer fails to provide a safe work environment and an employee suffers an injury as a result.
- Motor Vehicle Accidents: When a driver’s negligence causes injury to another road user.
- Public Liability Incidents: Injuries in public places due to unsafe conditions.
- Medical Negligence: When a healthcare provider fails to meet the standard of care and causes patient harm.
How to File a Common Law Claim in Queensland
Filing a common law claim can be complex but Queensland compensation lawyers make it simple by guiding you every step of the way. Here are the general steps:
1. Get Medical Attention
Before you start a claim make sure you get medical treatment. Your medical records will be crucial evidence of your injuries and you must follow your doctor’s recommendations as failing to do so can impact your claim.
2. Report the Incident
If the injury occurred at work report it to your employer straight away. For motor vehicle accidents report it to the police and your insurance company. If you were injured in a public place notify the property owner or management.
3. Gather Evidence
Evidence is key to a successful claim. Collect:
- Photos of the accident scene
- Witness statements* Medical reports
- Financial documents showing loss of income
- Expert reports (if applicable)
4. Get a Compensation Lawyer
A compensation lawyer will assess your case and advise you on the best way to proceed. They will determine if you should go down the common law or statutory compensation route.
5. Submit Claim
Your lawyer will prepare and lodge the necessary documents to start the claim. This involves negotiations with the insurer and the at fault party.
6. Negotiation or Court
Many claims are settled out of court through negotiation. If a fair settlement can’t be reached, your lawyer will go to court. Court can take time but often results in higher compensation than a settlement.
How Much Can You Claim?
A successful common law claim allows you to recover damages which may include:
- General Damages: Compensation for pain and suffering.
- Economic Loss: Past and future lost wages due to the injury.
- Medical Expenses: Bills for medical treatment, rehabilitation and future treatment.
- Care and Assistance: Costs for home help or professional care.
- Legal Costs: In some cases, legal fees may be recovered from the at fault party.
Factors Affecting Compensation Amounts
- Severity of injury: More serious injuries result in bigger compensation.
- Impact on employment: If you can’t work due to the injury, lost wages will be factored in.
- Pre-existing conditions: If you had a prior injury that was made worse, this may affect your claim.
- Contributory negligence: If you were partly to blame, your compensation may be reduced.
How Long Do You Have to Lodge a Common Law Claim in Queensland?
Time limits apply. In Queensland you have three years from the date of the injury to lodge a common law claim. However, there are exceptions for minors and people under legal disability. Consult with Queensland injury lawyers to ensure you meet the deadlines.
Why Hiring a Compensation Lawyer is Important
Navigating legal claims can be overwhelming when you’re injured. A compensation lawyer offers many benefits:
- Expert Legal Advice: Know your rights and the value of your claim.
- Maximise Compensation: Make sure you claim all entitled damages.
- Handle Legal Procedures: Manage paperwork, negotiations and court representation.
- No Win, No Fee Services: Many compensation lawyers operate on a no-win, no-fee basis so there’s no financial risk to you.
- Reduce Stress: A lawyer manages the legal process while you focus on recovery.
How to Choose the Right Compensation Lawyer
When selecting a compensation lawyer consider:* Expertise: Look for a lawyer who has dealt with claims like yours.
- Testimonials: Check out what past clients say.
- Success: A lawyer with a good success rate increases your chances.
- Fees: What are the lawyers fees and do they offer no-win, no-fee?
FAQs About Common Law Claims in Queensland
Can I Make a Common Law Claim if I Have Received a Statutory Payout?
Yes, receiving a statutory payout doesn’t disentitle you from making a common law claim. However the amount received under statutory compensation will be deducted from your final compensation amount.
What If the Negligent Party Denies Liability?
If the at-fault party denies liability, your lawyer will present evidence to support your claim. If necessary the case will go to court for a judge to decide liability.
How Long Does a Common Law Claim Take to Settle?
TimeFrame varies depending on the case. Some settle in months, others especially those that go to court can take years.
Summary
If you have been injured due to negligence a common law claim can provide you with the financial support you need to recover. Knowing your options and seeking advice from Queensland compensation lawyers ensures you get the best outcome. With the right lawyers on your side you can focus on healing while they handle the complexity of your claim.
Get in touch today to speak to an experienced lawyer about your claim and take the first step towards fair compensation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. For personalized legal assistance regarding workplace injuries, consult a qualified attorney.