An extremely complex area of law, and one that we at Adviceline Injury Lawyers spend a lot of time examining, is the law of negligence. Negligence is the basis of a case when you seek compensation from someone. You cannot sue for compensation unless you can prove negligence. The easiest way of putting this is to say that you were injured because of someone else's fault. If it was not someone else's fault, or was simply an accident, you cannot sue for compensation. There are actually four elements to be established in a successful negligence case:
- that a duty of care was owed;
- that the defendant breached this duty by doing (or not doing) something;
- that you have suffered injury or financial loss (damage) which was reasonably foreseeable; and
- that the damage was caused by the breach of duty.
Each of these elements must be proven and each element will be examined in detail. Court decisions and legislation set the rules for determining what and who satisfies all of the above elements of negligence. These can be different depending on the circumstances of the case, so what may be negligent in a work situation may not be in a public place. As a Law Institute of Victoria Accredited Specialist, Simone Welsh can give you an in-depth analysis of whether your case has good chances of winning, based on good chances of proving negligence. If you or a family member have suffered an injury as a result of someone else's negligence, call Simone today on (03) 9321 9777.