Compensation Law - Proving Negligence

Personal incident compensation law can be confusing. The experts at Stacks/Goudkamp can provide you with a better understanding of the details of your claim, your legal position and can provide you will valuable advice relating to personal incident and compensation.

Under Australian Compensation Law, if you are injured as a cause of another party or persons, you may be eligible to claim compensation by way of rewarding 'damages'. In order to receive damages, you must be able to prove that the parties were negligent by means of evidence that will be clearly presented to the courts on behalf of the defendant.

Negligence is proved by showing that a duty of care was breached. A 'duty of care' is the legal obligation that requires a person to use a reasonable standard of care while performing acts that could potentially harm others. To prove negligence you have to show that a duty of care was breached. A 'duty of care' can be defined as a legal obligation requiring an individual to apply a reasonable standard of care while performing any acts that could harm others. This means you will need to be able to prove that:

• The defendant was required to apply a duty of care and that they failed to do so, resulting in your injuries.
• The duty of care was breached by the defendant in the incident where your injuries were sustained.
• You sustained damage due to the defendant breaching their duty of care and therefore directly causing your injuries.

If you are in need of legal advice, contact Stacks/Goudkamp today. Stacks/Goudkamp is a Sydney based law firm with Accredited Specialists in Compensation Law and Compensation matters. We are situated in the heart of the Sydney CBD and also have offices in Parramatta, Liverpool, Newcastle and Wollongong. Call us today on 1800 25 1800 or alternatively, fill out the form on the right.