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Sydney
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1800 25 1800

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215-219 George St, Liverpool
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CAN I CLAIM COMPENSATION IF NO POLICE ACTION WAS TAKEN?

On multiple occasions over recent months, clients and patients of medical practitioners have questioned whether they may be entitled to "any" compensation even though the police had indicated that no action would be taken against the other person concerned. This has become a concern not only with motor accident victims,  but also with industrial accidents where the outcomes have been more serious, but investigators have not been able to identify a particular breach of the law.

It must be retained that Police investigators are concerned most of all with upholding the criminal aspects of our legal system where a breach can lead to criminal charges and a penalty. Police investigators are not appointed to investigate and adjudicate on civil disputes, such as whether someone was negligent in causing an accident or failed to do something which led to an accident. In the same regard, Workcover investigators, whose resources are typically overstretched, are concerned with policing safety legislation such as the Scaffolding and Lifts Regulations to ensure compliance in the future. The focus of WorkCover investigators is on the engineering, design and operation of equipment, - not so much on the civil liability of parties to an accident.

Personal injury lawyers work to assist with a different type of investigation. Our job is to assess all the facts and circumstances, to advise you whether, on the balance of probabilities (not the criminal standard which requires proof "beyond reasonable doubt"), your clients have a reasonable prospect of proving that the defendant acted negligently, and that their losses. injury and other damages were the natural consequence of the defendants conduct or omission.

These are quite different issues to those confronting the police, and often lead to different results. In other words, in a large number of cases, we are able to advise your patients that they may be entitled to full compensation under our laws, notwithstanding the fact that investigators have not taken other proceedings against the party at fault.

DISCLAIMER

These personal injury law articles were published with the express permission of Stacks/The Law Firm. Please note that the information was correct at the time of publication, but personal injury law is subject to legislation changes from time to time and thus it is recommended that you contact a Stacks/Goudkamp lawyer should you have any questions relating to any of the topics above.

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