The law of negligence comes from the Latin word ‘negligentia’ which means ‘to neglect’. It is a legal concept applied to tort cases to achieve injury compensation under common law. A ‘tort’ in common law jurisdictions is a wrong doing that involves a breach of a civil duty owed. This injury compensation is usually for physical (or mental workplace injuries) of a long term permanent nature.
In order to establish negligence one must be able to prove there was a ‘civil wrong doing’. It 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. To get more information on common law call the Australian Injury Helpline on 1800 006 76 6 and we will provide you with the facts.
You May Increase Your Claim By Hundreds Of Thousands Of Dollars By Calling 1800 006 766
Common law is based on specific facts and every case is assessed individually. Damages may be recovered for a physical injury, or for a persons’ mental state following an injury. Also how an injury has affected a person financially, or in their intimate relationships are also important facts that are taken into account.
The law of negligence is only one aspect of the law of liability and all facts must be reviewed when establishing if there is a case. Rights under the law of negligence will be different depending on the State or Territory in which your work injuries took place.
If you are claiming work compensation, have a permanent injury and are offered a lump sum payment, for example from work cover, it is extremely important to get a second opinion from the Australian Injury Helpline by calling 1800 006 766. In some States or Territories you may be signing away all rights to a further injury compensation claim.
Work cover claims reimburses you for losses and expenses past and present. However, it does not consider the future losses resulting from your workplace injuries. A common law claim (negligence claim) under common law looks at the future and if you have a future loss of earnings then you will be awarded with this taken into account.
A lump sum payment i.e. from work cover, won’t be as much as a common law claim and it is important to get a second opinion from the Australian Injury Helpline on 1800 006 766 if you are ever offered a lump sum payment.