Regrettably, persons can be seriously injured as a result of an assault commissioned by another person. If assaulted then you are entitled to claim not only under the Victims Compensations Scheme but also common law damages as against the assailant. The mere placing of a hand upon another in anger constitutes an assault.
However, we have seen that very serious injuries can be occasioned as a result of the assault committed by one person upon another. Compensation can be recovered commensurate with the degree of injury sustained and the impact that the injury has on the person’s ability to lead a normal life.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
Any person who has been assaulted is entitled to make a claim as against the assailant. It does not matter who the assailant is. It may be a family member, a neighbour or a stranger.
Any person who has committed an assault upon another can be held liable under the common law for damages commensurate with the injuries which have been sustained.
WHAT ARE YOU
ABLE TO CLAIM?
In New South Wales intentional torts are limited by s3B of the Civil Liability Act 2002 (NSW). Section 3B(1) states that the Act does not apply to an act which is done by a person with the intent to cause injury or death.
Simply put damages are available for;
- non-economic loss or damages the pain and suffering;
- past medical expenses;
- allows for future medical treatment expenses;
- past economic loss or wage loss;
- future economic loss to wage loss or diminution in earning capacity;
- loss of superannuation benefits commensurate with past economic loss and future economic loss;
- value of gratuitous or cost of commercial assistance or care provided for the past and for the future;
- house and/or motor vehicle modifications necessitated by the injuries;
- an allowance for legal costs.
In circumstances where intent to cause injury can be established there may also be an entitlement to Exemplary and Aggravated Damages.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
If you have been injured as a result of an assault the you should consult Brydens Lawyers. Upon engagement Brydens Lawyers will immediately commence to recover all relevant evidential material including but not limited to police reports, witness statements, photographs and medical records.
A claim will be prosecuted as against the assailant as soon as there is sufficient information available to do so.
WHAT IS YOUR
Your next step should be contacting Brydens Lawyers. You should bring to your consult with one of our expert lawyers all and any information or documentation that you may have available to you in connection with the assault.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
With over 40 years of experience, Brydens Lawyers have the best public liability lawyer in the prosecution of claims for common law damages for injuries sustained as a result of an assault. Brydens Lawyers are experts in ensuring that the maximum compensation available for the injury sustained is recovered.
WE DO COMMON ASSAULT CLAIMS WELL.
HERE ARE SOME EXAMPLES
Our client was sitting with a group of friends at a popular bar when, unprovoked, the Defendant (a person unknown to our client) picked up a glass bottle and hit it over our client’s head, which led to our client sustaining facial surgery, scarring and psychological sequelae. The judge found in our clients favour for this matter.
LATEST NEWS FROM LEE
It was recently reported (SMH 23 February 2020) that the NSW State Government is considering changes to the workers compensation scheme which will provide for injured workers having to pay a "gap fee" for some medical treatment.
Apparently the State Insurance Regulatory Authority is considering the proposed changes and submissions made by Icare. Icare is the insurer responsible for about 75% of all claims made by injured workers and therefore submissions made by Icare would appear to carry a significant amount of weight with the government.
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