Introduction
It is often the case in personal injury claims for compensation that a defendant will agree that they were to blame for an accident that resulted in an injury to a person. However, while accepting the blame the defendant’s lawyer might argue that the injured person contributed to the accident or injury. The injured person’s contribution might be by acting in a certain way or by some carelessness on their part, or by some omission, which made their injury or injuries worse. The legal term for this is ‘contributory negligence’ and it means if you’re injured because someone else was negligent, the defence might claim that you did something or failed to do something which contributed to the way your injuries occurred.
Table of Contents
The Kinds of Contributory Negligence
In general, there are two kinds of contributory negligence:
- Matters concerned with the circumstances of the accident.
- Matters concerned with the extent of the personal injury sustained by the claimant or plaintiff and the nature of these injuries.
The burden of proof is on the party alleging the contributory negligence. This means that for a court to make a finding against the injured person (plaintiff) of contributory negligence, the defendant is the one who has to prove, on the balance of probabilities, that the claimant contributed to the personal injury sustained.
Examples of Contributory Negligence
Say a cyclist who failed to wear a helmet (which is law in NSW), was hit by a car, rolled onto the bonnet and fell to the ground sustaining head injuries. A defendant’s lawyer in the case might be instructed to claim the injured person had contributed to their personal injury. A pedestrian crossing a road in a negligent manner – by racing against a red ‘don’t walk’ sign e.g. – is hit by a driver who was on their mobile phone and distracted. The pedestrian could be found to have contributed to the accident and the personal injury and is likely to have any damages reduced in a court. Another example might be where a person ignores warnings or doesn’t take reasonable measures to stay safe, such as diving into a body of water without making sure it is deep enough.
Negligence in NSW
In NSW anyone suffering a personal injury as a result of someone else’s negligence may seek the advice of a lawyer and claim compensation (or damages) in a court of law. The amount of compensation they may be paid is dependent on some very specific factors which are:
- How much financial loss the injured person has suffered;
- The extent of any personal injury sustained by the claimant;
- What are the continuing effects of the personal injury or loss on the claimant’s ability in the future to earn an income;
- To what extent was damage caused to any personal property (and what kind of personal property was damaged – whether it was able to be replaced or if it was unique).
The claimant also has to have taken reasonable precautions to avoid the harm and the degree of harm or damage. If the claimant is found to have contributed to the personal injury, harm or damage, the amount of compensation may be reduced. A court will decide on the matter of contributory negligence which will depend on the facts of the personal injury case.
Note: Claims for compensation in NSW must be made within three years of the date of the accident or negligence that caused the personal injury. This time limit is bound by the Limitation Act 1969. Also, an injured person can’t sue for negligence in NSW until all of the various elements have been satisfied.
If you (or someone you know) has suffered a personal injury or illness and believe you are entitled to claim compensation, contact PK Simpson lawyers on
1300 757 467 or
book an appointment to come and see us to have a chat.
Reference: Limitation Act 1969
Frequently Asked Questions
A: The length of time you have to make your claim depends on the jurisdiction.
For instance:
- TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
- Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
- Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
- Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
A: At PK Simpson in Sydney we act on a no win, no fee basis and an estimate of the costs will be discussed and clearly explained to you during the preliminary stages of your claim. At the end of your claim, we charge only for the work we’ve done, so if your claim is finalised faster than expected, we charge fees only up to that point. Also, we pay for all medical reports upfront.
Unlike most law firms, we don’t charge a strict percentage which would have you paying a set figure even if the claim settles in two weeks. Costs can be affected by the type of accident, your insurer, liability and other considerations.
A: After all the claim documents are in and the medical records and reports are done, the personal injury solicitors at PK Simpson can better assess the worth of your claim.
A: If you’re reading this, you’ve come to the right place! PK Simpson is a top law firm in Sydney, so contact us today.
A: The NSW government pays solicitors to represent injured workers in NSW.
If your matter progresses to a common law claim, fees come out of the settlement monies.
So many of our clients are relieved and happy that they chose to bring in our lawyers, who are personal injury claims experts. Our lawyers ensured our clients’ settlement processes were less stressful and their personal injury claim payouts were what they deserved.
- What’s your area of expertise?
- What success stories can you share?
- How often have you gone to trial?
- What’s your track record?
- How much will I have to pay in fees?
- Who will handle my case?
- How will they communicate with me?
- How long will it take to reach an outcome?
- How much compensation am I likely to receive?
A: A personal injury lawyer will represent you if you’ve been injured in an incident or accident that was not your fault. Lawyers such as the specialists at PK Simpson Sydney work in personal injury and compensation law, encompassing deliberate acts and negligence, to claim compensation for you. Apart from all the legal work, lawyers also help you to recover faster by making sure you get the treatment and resources needed. PK Simpson pays for all medical reports needed to maximise your claim and get the best evidence.
A: The legal definition of a personal injury is general physical and/or psychological damage to a person which is the fault of another party. This can be, for instance, the driver of another vehicle, another person, owner of a public area, or an employer. A physical injury usually involves an injury of a psychological nature or it can be one or the other. Specialist doctors are required to identify the nature of injury to round out a personal injury claim.
A: Payouts for personal injury are different for all cases due to the facts and circumstances of negligence and other factors. Ask our personal injury claim lawyers for information on your particular case.
A: To ensure you get the best possible outcome, we advise claimants to contact expert personal injury lawyers as soon as practicable after your injury occurs. Getting experienced personal injury lawyers on board to manage your claim can streamline the process and relieve stress so you can concentrate on your recovery.
A: If you’ve suffered serious bodily, psychological or reputational injuries it’s crucial that you contact a personal injury lawyer as soon as possible. There are special skills and training and a thorough knowledge of the law required to file a personal injury lawsuit and there are time frames in which you need to lodge your claim. Especially for traffic accidents and medical negligence claims in NSW, you will need an experienced team to handle and build your claim. So the advice is to take action as soon as you are able.
Have you or a loved one suffered a personal injury in Sydney? PK Simpson Lawyers have over 35 years of experience in personal injury compensation claims. Our expert legal team has helped thousands of clients secure their rightful compensation, and we can help you too.
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