With hundreds of thousands of settlements administered each and every year in Australia, personal injury claims and tort litigations are ubiquitous throughout the country, although it’s worth mentioning that they tend to be divergent, mottled, and relatively incongruous from case to case.
In this regard, it behoves you to gain a cursory understanding of injury cases so that you can be informed, prepared, and ready to take appropriate action when an ill-timed misfortune transpires.
What is the Legal Meaning of a Personal Injury Claim?
The birth of personal injury law can be obliquely traced back to ancient Syrian cultures more than 4,000 years ago, when families would feud for generations over injurious transgressions that may have occurred decades prior. Their code of conduct was a bit more complex than the proverbial eye for an eye, tooth for a tooth adage, but it was rooted in the idea that an adverse, unprovoked action calls for a proportionately punitive reaction.
This primitive, somewhat simplistic concept actually laid the foundation for contemporary personal injury law, which enables the victim of an injury or assault to pursue compensation from the individual that incited the transgression, oftentimes due to a lack of care, attentiveness, or consideration.
What Are the Most Common Types of Claims?
If you had to compile a list of every single type of injury claim that was successfully litigated in Australia, you’d be scouring through hundreds upon hundreds of unique records, including suits brought against weathermen for inaccurate forecasts that led to an illness, settlements involving a lingerie clip striking a customer’s eye in a changing room, and even coffee burns at cafés that failed to meet temperature standards. However, shown below are the customary claims that tend to arise on a day-to-day basis:
- Domesticated animal attacks perpetrated by canines and cats
- Motor vehicle accidents, such as rear-end incidents, fender-benders, motorcycle smashes, and other types of collisions
- Product liability scenarios encompassing a defective, malfunctioning, hazardous, or improperly engineered item
- Physical attacks and violent assaults
- Negligence by a clinician, surgeon, physical therapist, medicine manufacturer, or other healthcare entity
- Slips and falls in work facilities, municipal buildings, or residential properties
- Defamation, disparagement, or libel that irreparably harms an individual’s reputation
The key to bringing a viable personal injury case is to ensure that the careless actor or company did not demonstrate adequate duty of care and that this oversight led directly to a diagnosable injury, property damage, or some form of personal suffering.
What Comprises the Monetary Value of My Claim?
If you are interested in filing a slip fall injury claim in Queensland, your attorney will track down all of the eyewitnesses, medical evidence, and other corroborating articles to ensure that you can receive a reward commensurate with your case:
- Material damages and ruined property
- Healthcare payments relating to emergency services, medications, restorative care, physical rehab, and ongoing treatments
- Decreased or lost income, and an estimation of reduced earning power
- Quantification of lifestyle consequences stemming from the event
- Funeral and burial costs
When it comes time to attain justice for a personal injury, make sure that you get in touch with a no-win no-fee solicitor so that you can remain financially secure throughout the entire claim process.