How are negligence claims finalised?
Negligence claims are finalised by one of two ways:
- Agreement with the negligent party (or its insurer) or
- An order of a NSW court
It is normal to give notice of a claim for negligence to the party you consider has been negligent and to negotiate with them (or usually the insurer) a resolution of the claim prior to the commencement of court proceedings. Often claims can be resolved by agreement with an insurance company prior to commencing any court proceedings.
If however you are unable to resolve a claim by way of agreement then you must file a claim in a NSW court which has jurisdiction to deal with your matter.
Filing a Statement of Claim in the Court commences a formal claim and will after about 10 months (if you have still not been able to reach an agreement) be determined by a Judge. The Judge will hear all the evidence and determine if the defendant was negligent, and if so, how much compensation you are entitled to receive.