|Can I sue the person responsible for my injuries?|
Yes. Broadly speaking, if you sustain an injury as a result of the negligence of another, you can sue them for the injury and its consequences.
The law is different depending on the circumstances in which you sustain an injury.
If you sustain an injury at work you can sue your employer however this is modified by the Workers Compensation Act (NSW) 1987.
If you are injured as a result of a motor vehicle accident then this is modified by the Motor Accidents Compensation Act (NSW) 1999.
Other circumstances where you may wish to sue for injuries might be as a result of:
These claims are now in a large part modified by the Civil Liability Act 2002 (NSW). The Act sets out three conditions that must exist before negligence can arise. A person is not negligent in failing to take precautions against a risk of injury unless
When considering these matters the court must take into account the following
Each case is determined on its own facts and circumstances applying the principles as outlined above.
The law of negligence is complex and you will need the assistance of a Lawyer who is an expert in personal injury law to advise you whether or not you have a claim for compensation under the Civil Liability Act.