A negligence lawyer is an advocate experienced in defending those accused of negligence. They handle cases related to medical malpractice, product liability, personal injury, professional negligence compensation, and other areas of negligence law.
In New South Wales (NSW), Australia, negligence cases are governed by the common law and the Civil Liability Act 2002. Three elements must be established to prove negligence:
- duty of care,
- breach of duty, and
- damages.
Negligence cases can arise in various situations, including medical malpractice, workplace accidents, car accidents, and public liability claims. In each case, the burden of proof falls on the plaintiff to establish that the defendant failed to take reasonable care and that this failure caused harm.
Negligence: In brief
When a person or organisation fails to exercise reasonable care, and another person is harmed or loses something, this is considered negligence. Cases of negligence are common and can lead to significant financial and emotional consequences for both the defendant and the plaintiff.
The Civil Liability Act of 2002 No. 22 governs tort cases in NSW. Part 1A provides for the essential provisions on negligence. The Act defines negligence as the “failure to exercise reasonable care and skill.”
Moreover, the law considers a person negligent if they fail to “take precautions against a risk of harm.” Furthermore, the primary objectives of the Act are to protect individuals from harm, encourage responsible behaviour, promote accountability, and provide a fair and just system.
Elements of Negligence
To establish the existence of negligence in a situation, the following elements must be present:
1. Duty of Care: There is a duty of care between you and the negligent person. The nature of the connection between the claimant and the negligent party can help demonstrate this factor. This relationship includes doctor to patient, teacher to student, road user to anyone nearby, employee to employer, and so on.
2. Breach of Duty of Care: A duty of care violation has occurred—failure to observe the reasonable duty of care results in a violation of such. You must prove that there was a considerable danger of harm, the negligent party knew about the risk, and the negligent party did not take the necessary precautions.
3. Injury and Damages: The breach of duty caused you to suffer injury and damages. Another essential requirement is that the breach must have resulted in the harm caused to the person seeking a medical negligence compensation or his/her property. Under the Act, harm covers all forms of injury, including personal or death, damage to property, and economic loss. Moreover, the damage caused must be actual damage and not merely a possibility of damage.
Types of Negligence Claims
- Medical negligence. When performing surgery or other medical procedures, there are always risks. The treating physician or other health care provider must make the patient aware of any potential hazards or side effects. They can help you weigh the pros and downsides of each option when seeking medical negligence claims.
- Professional negligence. Professionals must obtain rigid training in their respective fields to be considered reliable and avoid negligence and malpractice. However, sometimes, a professional may fail to uphold the duty of care required. Thus, a client can sue for business-related losses.
- Occupier’s liability. Obtaining injury while on someone’s property is called an occupier’s liability. Injuries sustained on leased premises, injuries suffered in parking lots, injuries sustained in hotels or clubs, injuries sustained on construction sites, and injuries suffered on any beliefs that are owned or leased by someone other than the person making a professional negligence claim are examples of the types of accidents that could give rise to such a claim.
- Motor vehicle accidents. When a driver uses a car, a duty of care towards other road users arises. This duty of care requires them to drive safely and responsibly, considering the conditions of the road and the other vehicles around them. If drivers breach their duty of care and cause an accident, they may be liable for damages or injuries.
What Can a Negligence Lawyer Do For You?
A professional negligence lawyer can be a valuable ally if you have been hurt or harmed due to someone else’s negligence. Medical negligence lawyers specialise in helping individuals who suffer injury due to careless actions of others. They can assist them in seeking and claiming compensation for their losses. Your medical negligence lawyer can do the following to assist you:
1. Build a Strong Defence. One of the key benefits of hiring a negligence lawyer is that they can investigate the circumstances surrounding your case and gather evidence that can be used to build a strong defence. They will interview witnesses and experts, review medical records, and examine other relevant evidence to determine the cause of the accident or injury. With this information, they will build a defence that can help you avoid imprisonment. A negligence lawyer can also help you understand the legal process and your options, such as whether to plead guilty.
2. Negotiate a Settlement. In some cases, an experienced professional negligence lawyer may be able to negotiate a settlement with the plaintiff. This can help you avoid going to trial and potentially facing imprisonment. They can defend your rights throughout the procedure. A skilled negligence lawyer can also help you understand your case’s value and negotiate a fair and reasonable settlement.
3. Represent You in Court. A negligence lawyer will represent you in court if your case goes to trial. They will present the evidence they have gathered and argue on your behalf. They will also cross-examine witnesses and challenge the plaintiff’s evidence. With a skilled legal professional, you can increase your chances of avoiding imprisonment. Additionally, a negligence attorney can help you understand the legal system and what to expect during the trial process.
How Can JB Solicitors Assist You with Professional Negligence Claims?
If you have been accused of negligence, it is crucial to seek legal advice from experienced professional negligence lawyers. JB Solicitors can help you build a strong defence, negotiate a settlement, and represent you in court. We can help you protect your rights.
Our team of skilled professional negligence lawyers can make a notable difference in the results of your case and ensure that you receive fair treatment and compensation claim under the law.
Contact us now to find out our legal costs an legal fees relate to your matter.
