What is a common law claim for damages?
When we talk about a Common Law Claim for damages, we are talking about what is more commonly recognised as a law suit.
This is where you take legal action against a party for a negligent or wrongful act or omission which has caused you injury.
You aim to recover damages for loss and damage you have suffered because of those injuries.
An example of a common law claim for damages could be if you suffer an injury at work and you sue your employer for your work injury to recover damages.
Or where you sue the driver of a vehicle for causing you injury in a motor vehicle accident.
Can I get accident injury compensation?
What are damages in a common law claim?
When we talk about “damages”, we are talking about compensation for pain & suffering. Other damages are also sought for:
loss of income
medical expenses and care costs (all past and future losses)
as well as interest on these past losses, sustained as a consequence of your injuries
You have to prove that the party who you are suing has acted wrongfully or negligently
To succeed in such a claim, you have to prove that the party who you are suing has acted wrongfully or negligently and this has in some way resulted in your injury occurring.
The test is one of “reasonable care” and “reasonable foresee-ability” of the injury occurring as a result of the negligent or wrongful act or omission.
A common law claim is not based on a "no-fault" scheme
Now unlike a workers’ compensation claim, a Common Law Claim is not based on a “no-fault” scheme.
In fact it is just the opposite.
You will only have a Common Law Claim for damages if your injury has been caused or contributed to in some way by the negligence or wrongful act or omission of another party (e.g. your employer or a co-worker, the driver of another vehicle, management at a shopping centre etc).
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Frequently asked questions
- How much compensation will I receive for my injuries?
- How is past and future economic loss compensation calculated?
- What injury compensation or damages am I entitled to claim for?
- If I go back to work after my injury will this hurt my claim?
- When does my workers' compensation claim come to an end and what happens then?
- How can I find out quickly if I can make a compensation claim?
- What are emotional distress damages in personal injury cases?
- Are there time limits for bringing a claim for injury compensation in Queensland?
- How will my common law claim run and how long will it take?
- Is my compensation or damages payment taxable?
- What care and assistance can be claimed for in a personal injury claim in Queensland?
- Did you know that if you engage a domestic worker in your home, you could be liable to pay compensation if they are injured?
- What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
- What's the difference between workers' compensation claim & a common law claim for damages?
- What is a common law claim for damages for work injury in Queensland?