If you have been injured because of someone else’s carelessness, you may be entitled to compensation. Whether a claim is worth bringing depends on liability, on the seriousness of the injury, and on whether the other party can actually pay.
Yeo Marini Law Corporation acts for claimants in personal injury and accident claims.
Claims we handle
- Workplace injuries
- Slips, trips and falls arising from occupiers’ failures
- Medical negligence
- Injuries caused by assault or battery
What has to be proved
In a negligence claim you must establish that the other party owed you a duty of care, that they breached it, and that the breach caused your injury and the losses you claim. Where you contributed to your own injury, damages may be reduced for contributory negligence.
Workplace injuries: two routes
An employee injured at work generally has a choice between a claim under the Work Injury Compensation Act and a common law claim in negligence.
The statutory route is faster and awards compensation on a fixed formula. The common law route can produce higher awards where the injury is serious and liability is clear, but requires proof of negligence and takes considerably longer.
You generally cannot pursue both. Once you elect, you are committed. That decision should be made with advice and before deadlines pass.
What can be claimed
Damages generally fall into two categories.
General damages compensate for matters not capable of precise calculation: pain and suffering, loss of amenity, and future loss of earnings or earning capacity.
Special damages cover quantifiable losses: medical and treatment expenses, transport costs, loss of earnings to date, and the cost of care. These need documenting, so keep every receipt, medical certificate and payslip.
Time limits
Personal injury claims are subject to limitation periods, and different periods apply depending on the nature of the claim and when the injury became known. Claims involving public authorities and claims under the Work Injury Compensation Act have their own timeframes.
Do not assume you have plenty of time. Evidence also degrades: witnesses move, CCTV is overwritten, and premises are altered.
Dealing with insurers
Early offers are often made before the full extent of an injury is known, and accepting one usually closes the matter permanently, including for consequences that emerge later.
We deal with insurers on your behalf, obtain the medical evidence needed to assess quantum properly, and advise on whether an offer is reasonable. Most claims settle. A minority need proceedings, and we will tell you when a matter has reached that point.
Practical steps after an accident
- Seek medical attention promptly, and describe every symptom, including the minor ones
- Report the accident where required, whether to the police, your employer or the occupier
- Photograph the scene or the hazard, and your injuries
- Take the names and contact details of witnesses
- Keep all receipts, medical certificates and records of time off work
Common questions
Should I claim under the Work Injury Compensation Act or at common law?
An employee injured at work generally has a choice. The statutory route is faster and awards compensation on a fixed formula. The common law route can produce higher awards where the injury is serious and liability is clear, but requires proof of negligence and takes longer. You generally cannot pursue both.
What can I claim for?
General damages compensate for pain and suffering, loss of amenity, and future loss of earnings or earning capacity. Special damages cover quantifiable losses such as medical and treatment expenses, transport costs, loss of earnings to date, and the cost of care.
Should I accept the insurer’s first offer?
Early offers are often made before the full extent of an injury is known, and accepting one usually closes the matter permanently, including for consequences that emerge later. It is worth obtaining medical evidence to assess quantum properly before deciding.
Speaking to us
Nothing on this page is legal advice for your situation, and contacting us does not by itself create a solicitor and client relationship. To discuss an injury claim, contact us by telephone, email or WhatsApp. You may also wish to read about our other practice areas or meet our team.