Personal Injury Law: Understanding Negligence Claims


If you sustain personal injury as a result of wrongdoing by another legal entity, you can request for compensation through a lawsuit. The legal entity can be a person, agency or company, and you make claims for physical and psychological injuries. One of the important causes of personal injuries is negligence, so you should understand the element before filing your injury lawsuit. Basically, if you have been harmed because someone has reasonably failed to fulfil their duty, you can make a legal claim in negligence. Here is critical legal information to help you understand personal injury with regard to negligence.

Duty of Care

Negligence in legal cases refers to the failure to act or do something that a reasonable person would do in specific circumstances. In addition, doing something that a reasonable person would not is considered to be negligence. However, if you are filing this type of claim, you should be able to prove that you were owed duty of care. In simple terms, you should show that the person or company responsible for injury has a legal obligation to protect you from the harm.

The Civil Law Act 2002 is used to determine whether you are owed duty of care, and the process can be complicated. For instance, a driver owes duty of care to other road users, while a Good Samaritan who attempts to perform emergency first aid after an auto accident does not in normal circumstances. Generally, the latter will be exempt as long as the emergency care is not delivered recklessly.

Breach of Duty

You should present evidence of the breach of duty of care for your lawsuit to be valid in a personal injury case. The court makes a decision on this aspect by thinking about the actions that a reasonable person would take. Simply, you should show that the negligent party should have noticed the hazard posed and taken reasonable actions to minimise the dangers. If the alleged actions required to manage the risk are unreasonable or not considered significant, the lawsuit will be a failure.

Making Claims

There are time limits imposed on personal injury claims with regard to negligence, so inquire about the specific restrictions in your local region. When you choose your lawyer, it is prudent to bring records that can help your lawsuit. If possible, obtain person details of the parties involved in the incident and the contacts of witnesses. You should also present detailed written accounts of the event, details of injuries, official medical accounts and even valuation of damaged property. 

For more information or help with your case, contact a personal injury lawyer in your area. 


22 December 2015

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