A common law claim is a legal action based on principles established through judicial decisions. It covers issues related to torts, contracts, and property disputes. In Australia, if you have been injured or suffered a loss due to someone else’s negligence or mistake, you may be entitled to file a common law claim. If successful, you could receive compensation for your damages.
Common law claims can be of different types including WorkCover and Common Law Claim Motor Vehicle Accident.
What is the difference between a common law claim and a claim of negligence?
Sometimes, people confuse a common law claim and a claim of negligence as the same; however, they are different. A common law claim covers a wide range of legal actions based on principles established by court decisions over time rather than statutes. On the other hand, a claim of negligence is a specific type of claim that is part of common law. This kind of claim can be made when a person or entity fails to meet a standard of care, thereby causing harm to another party.
Summing up, a common law claim can cover different types of legal grievances, while a claim of negligence is part of common law, but not all common law claims are about negligence.
How much will you get in compensation for a common law claim?
The level of compensation is determined by the nature and extent of the damage as well as the circumstances of the incident. This compensation can either be agreed upon through mediation or decided by a court.
Making a common law claim against your employer:
If you are making a common law claim against your employer, it will be your responsibility to prove that your employer breached their duty of care by not providing you with a safe working environment. To win this claim, you will need to establish how the breach by your employer resulted in your injury, which has caused you to suffer and led to financial losses for both past and future earnings.
The compensation you receive to cover these financial losses is referred to as damages. This compensation is intended to reflect the financial impact of the injury on your earning capacity and ensure you are compensated for the economic consequences of the employer’s negligence.
In common law claims, the burden of proof typically rests with the person making the claim.
Read more: What is the compensation for personal injury?
How much will you get in the compensation?
It can be difficult to estimate the precise value of your claim without thorough documentation because there is no standard method for valuing injury compensation claims.
The prospective common law payment amount is contingent upon a number of criteria, including your age, the kind and extent of the damage, the requirement for continued medical care, lost income and future earning capacity, as well as the costs associated with rehabilitation and medical care. Your degree of liability, or the amount of blame you take for the harm, also matters.
Your claim’s examination also considers the extent of your permanent disability, as established by a permanent impairment assessment.
What is the general process of making a common law claim?
Initiating a common law claim typically involves several steps. Firstly, you need to identify the nature of your claim, whether it is related to a breach of contract, negligence, or another issue, and seek legal advice to evaluate the strength of your case.
Then, you will need to prepare and file a Statement of Claim with the court and serve it on the defendant. The defendant will respond with a Defence, and there may be additional pleadings and discovery to exchange evidence and information.
The case proceeds to trial, where both parties present their evidence and arguments. After the trial, the judge issues a judgment that may include orders for remedies or damages.
If necessary, the decision can be appealed, and steps may be taken to enforce the judgment if the losing party does not comply. It’s important to be aware of time limits, costs, and jurisdictional issues throughout the process, and consulting with a legal professional can help navigate these effectively.
Contact us today for a free consultation before making a common law claim. You can call us at (02) 6295 2283 or email us at dmin@unitedlegal.com.au. Scheduling an appointment with Unieted Legal is quick and simple.
