Personal Injury Law of Australia states that people suffering injuries and income and monetary loss as a result of these injuries can make a compensation claim from the insurer of the other party. However, it should be certain that the cause of these injuries is someone else’s actions or omissions. During the claim process, both at the court or against the insurer, the claimant has the responsibility to provide necessary information that proves the negligence of the defendant is the cause of the loss. It should be understood that not every adverse event is a reason to claim compensation as such accidents might occur from the claimant’s own lack of care. It would be a wise choice to get a case evaluation before lodging a claim.
Determining liability
The party caused the accident will be determined as liable if the claimant can succeed to do so. However, if the accident really is caused by another party, with the help of a professional, proving negligence isn’t hard. On the other hand, it can be quite complex if the claimant misses the knowledge about the process.
The differentiation of negligence from obvious risk can be hard. The obvious risk is the risk involved in the nature of the activity. Such as roller-skating on an icy surface, or rock diving. A reasonable person would be aware of these risks and evaluate the consequences of the activity. So, people performing such dangerous activities are taking the risk. However, even if an individual is very responsible and strictly takes care of his/her safety, accidents can occur from another party’s actions, behaviours or lack of taking care.
As an example, ‘’Josh visited a barbershop to get his hair cut. As we all know, barbers use sharp tools such as razor blades and clippers. Although the barber has taken enormous care, Josh’s unpredictable moves made the barber have rough times. While having his beard shaved, Josh turned his head towards another direction, which resulted in a bit of bleeding.’’
Whether or not Josh’s situation is critical or just simple bleeding, it is not the barber’s fault as Josh could predict the outcomes of acting in such behaviour. Even if Josh couldn’t, a reasonable person could. This is a situation in which the barber isn’t to be determined as the negligent party.
From a different perspective, Josh visited the same barbershop and requested a haircut. The barber owes a legal duty to provide his/her services in a responsible manner and prevent to harm the visitor. Intentionally or unintentionally, the barber should hesitate any action that can lead to harm. In this situation, Josh acted reasonably just as a person with sufficient capacity to think would. However, the barber acted irresponsibly and caused burn damages on Josh’s skin whilsthaving his hair bleached or during depilation. Josh’s situation could be different if he visited another hairdresser other than the person acted irresponsibly and caused harm. Which means, the injuries Josh sustain is the result of the hairdresser’s negligence. In this case, Josh can claim compensation.
Entitlements
If someone else’s actions caused injuries –which can also lead to income loss and incapacity to work-, the loss can be compensated by the insured. Either the insurer of the liable party or the negligent individual will have to cover this loss. Generally, civil liability compensation includes monetary benefits such as lump sum compensation payout, hospital expenses and replacement of loss of income. However, the claim and the entitlements should be evaluated well before making a claim. A liability lawyer can help you to understand how the process works, defend your rights and entitlements and ensure you will not be treated unjustly.
