• What is Negligence
  • Workers compensation
  • What is compensation

What is Negligence

Negligence claims What is negligence? 

The word ‘negligence’ means ‘to neglect’ or ‘failure to demonstrate a reasonable duty of care’.  Negligence is a legal concept which is applied to ‘tort’ cases under common law.  A ‘tort’ in common law is a wrong-doing that involves a breach in civil duty owed. Injury compensation is usually in recompense for physical or mental affliction which will be of a long-term nature.

To establish negligence, one must be able to prove there was a ‘civil wrong doing’. This includes accidents on the road and work related accidents and claims. Types of negligence include employer negligence, driver negligence, road negligence, public liability i.e. a slip trip or fall on a public footpath and medical negligence.

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Negligence can be defined as conduct that falls short of what a reasonable person would do to protect another from potential harm or injury. Damages can be recovered to compensate for this harm. However, before you accept any damages compensation, for example from WorkCover or 3rd party insurers, it is in your best interest and very important to contact What Is An Accident on 1800 283 339 before you proceed. This is because the laws in some States and Territories differ, and you may be signing away all rights to further compensation.

What is common law?

When negligence has been determined by a lawyer, 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. 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 contributory negligence?

Contributory negligence is the result of the contribution of other factors, either of your own doing or by others involved. A compensation claim may be reduced accordingly as to how much the person was to blame. 30% blame might be a 30% reduction in a compensation payout.

An example of this, in relation to a road accident claim is if there is a failure to wear a seatbelt. This may be a contributing factor. When travelling in a motor vehicle without a seatbelt, a judge may rule that there is ‘contributory negligence’ on the part of the claimant with regards any injury sustained in the accident. If however, failure to wear a seat belt did not worsen the injuries that would have happened in any event, even if the claimant had worn a seat belt, then damages will still be awarded in full with no percentage reduction. The claimant’s failure must have materially contributed to the injuries in order to attract a reduction in the damages award based on the doctrine of contributory negligence. To find out more CLICK HERE to contact us or call 1800 283 339.