Generally the common law provides that for an injured person to recover any compensation for their injuries it is necessary to establish negligence on someone’s part for the accident and the injury sustained.
Negligence is a legal concept which requires an analysis of the facts and the law before any determination can be made.
There are some schemes however where negligence does not need to be established to entitle an injured person to recover compensation.
Motor Accident Claims
Before any entitlement to compensation for injury sustained in a motor accident it is necessary to establish that the accident was someone else’s fault. That is, that another party was negligent and responsible for the accident.
If negligence cannot be established on anyone’s part for the accident then there are “blameless accident” provisions within the legislation which can still entitle, in some circumstances, an injured person to claim compensation.
There are also special provisions with regards to young children as to there being no need to prove negligence for the injury sustained.
Public Liability Claims
Again negligence must be established on someone’s part before an injured person can recover any compensation for their injuries. If fault cannot be established then a person will generally not be able to recover any compensation.
Ordinarily the owner or occupier of premises or alternatively the operator of a business would be held liable for any injury sustained on their premises if it can be established that the owner, occupier or operator was negligent.
In order to establish negligence there are a number of matters that require attention. Firstly it is necessary to establish that the other person owed the injured person a duty of care. Once this has been established there is an analysis as to whether that duty of care has been breached and if so, whether the breach of same was causative of the injuries sustained.
If all these questions are answered in the affirmative an injured person is entitled to recover compensation for their injuries.
Workers compensation claims are an exception to the general rule that negligence needs to be established on someone’s part for an injury to be compensated. Under the workers compensation scheme all injuries sustained by a worker can be the subject of a workers compensation claim. The only exception to the general rule is that if the injury was deliberately self-inflicted then such a fraudulent claim would not of course attract any entitlement to recover benefits on the part of the injured person under the scheme.
Brydens Lawyers are the experts in the prosecution of all negligence claims on behalf of injured persons. To ascertain whether you have valuable rights to compensation for any injury sustained contact Brydens Lawyers.