Liability in Personal Injury Law


Personal injury claims are based on negligence-based actions or omissions which resulted in harm to the victim. In motor vehicle accidents, disobeying the rules is determined as a form of negligence while in public liability claims, the negligence is lack of care. If you are suffering injuries or mental harm, depending on the situation, your loss can be compensable. However, please note that many variables will reflect on the amount of compensation. Personal injury compensation can ease the sufferings of the victim and support to sustain a better life after an unfavourable accident. Click here to understand the process of personal injury claims.

Motor accident compensation in Australia

Although it is mentioned as ‘’motor accident’’, whether you are a passenger, pedestrian, cyclist or a pillion passenger, a motor accident compensation can be demanded in case of an accident. In motor vehicle accidents, the compensation is to be awarded by the faulty party’s CTP insurer. Compulsory Third Party – CTP insurance is an insurance scheme established to aid those who are suffering from health problems after an accident. For a limited extent, those who are at fault can also benefit from the compensation.

  • Degree of fault in motor vehicle accidents:

The omission of the victim can reflect the total amount of compensation. In personal injury law, this is defined as contributory negligence. A term used to define the degree of fault and the victim’s lack of personal care, even if the victim is not found guilty. In motor accidents, failure to maintain the following distance, ignoring seatbelt regulations and driving slightly above the speed limit can be determined as lack of personal care. Therefore, the amount of lump-sum compensation can be reduced depending on the victim’s share of his/her injuries. Generally, in personal injury claims, the victims are also expected to take precautions to prevent injuries.

Worker injuries

Workers injured during their employments can make a workers compensation claim. Workers compensation insurance scheme is designed to aid injured workers by covering their loss by way of compensation, supporting them to return to work on their usual occupations if the worker recovers, and designate a supportive and unique work plan until the recovery is completed. In Australia, injured workers can be professionally represented during the claim free of charge. Workers Compensation Independent Review Office is supporting the injured workers and pay for the lawyer fees if the compensation can be received.

  • Employers have the responsibility to design a safe workplace to prevent any harm and eliminate foreseeable risk factors. Additionally, protective gears and equipment that suit the industrial standards should be provided to the workers. If the employer failed to do so and was negligent in the accident, injured workers can also claim work injury damages.

Liability in medical negligence

Medical professionals have the legal duty to provide their services at accepted standards, therefore, any action that can potentially be harmful should be avoided. Maintenance of health care equipment is also under the medical professional’s responsibility. In medical negligence claims, negligence mostly appears as prescription drug errors, administration process errors, anesthesia accidents and lack of information on the risks of the treatment process given to the patient.

Patients should also understand the content of negligence whilst making a claim. Many treatments, surgeries and operations involve inherent risk. The patient should be notified, and the necessary care should be taken. If the patient was not notified or the surgery went unnaturally wrong, the patient can claim compensation to cover his/her loss. On the other hand, if the procedure was applied just as it should be, this means the necessary care was taken even if the process ends up with a worsened health condition.

Public liability and slip & fall compensation

Daily exercises involve predictable risks. For this reason, there is no one to blame for any accident. However, there is no chance to handle the control on a public property that is under someone else’s responsibility. As an example, in a restaurant, the customer has no chance to observe what is happening in the kitchen. Businesses should take reasonable care to avoid adverse circumstances. According to this example, the restaurant manager should make sure the dish served to the customer is in a good condition. If not, the customer can suffer food poisoning and sustain severe and permanent injuries. The extent of public liability is not limited to this example. Almost in every business, potential risk factors should be eliminated. Liability can easily be avoided by taking precautions. In a shopping mall, hazardous objects such as mounted decorations, slippery floors and escalators should be maintained regularly and be kept in good condition. Otherwise, the party suffering consequences of the businesses omission can take legal action to recover their loss.

  • Slip & fall injuries

A large proportion of negligence-based injuries are slip and fall injuries. While it can be avoided without much of an effort, ignoring to take precautions can result in serious accidents.

  • Recreational activity injuries

In recreational activities, the risk is part of the activity. Which means, proving liability is usually harder. However, if the service provider ignored their share of responsibilities, the harm can be compensable.

  • Objects falling from heights

Generally, in amusements centres, the surrounding area is full of props that can be hazardous if not placed with sufficient care. Improperly mounted objects, huge blocks of glasses, chandeliers and almost every other property hung in heights can lead to fatal injuries.

  • Contact with chemicals

Chemicals used for cleaning purposes or for any other purpose can sometimes be dangerous. Especially while in concentrated forms. Contact with the skin can cause permanent damages.

  • Burn injuries

As in the nature of fire, contact with the skin can lead to unfavourable situations. However, unlike the other accident mentioned above, the consequences can be harsher and lead to permanent injuries.

Personal injury legal advice

While making a judgement, the court will mostly take a reasonable individual’s actions as a reference. During the claim, the claimant has the onus to prove the liability. Which means, a duty owed to the victim should be demonstrated with strong evidence. Once it is established that the breach of duty caused the harm, the loss can be compensated. However, this process is long, complex and tiresome especially whilst suffering severe injuries. Hiring a personal injury lawyer for negligence-based claims would be a wise choice.