02 8518 1120
5-Star Client Rating
You’ll receive outstanding service. We maintain a 5-star client rating.
Free Case Assessments
We provide confidential, free case assessments.
Industry Experts
We’re industry experts with over 20 years of experience.
No Win No Fee
You won’t be required to pay any fees until we win your case.
5-Star Client Rating
You’ll receive outstanding service. We maintain a 5-star client rating.
Free Case Assessments
We provide confidential, free case assessments.
Industry Experts
We’re industry experts with over 20 years of experience.
No Win No Fee
You won’t be required to pay any fees until we win your case.
Would you like assistance with your claim?
Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.
Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.
02 8518 1120
info@garlingandco.com.auFrequently Asked Questions
1/ 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 that person 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 get 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:
- An assault by another person
- Negligence of a doctor
- A slip and fall when you are on someone else’s premises
- An injury sustained while on public land
- Injury at work caused by someone other than your employer
These claims are now in 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
- It was a risk of which the person knew or ought to have known
- The risk was not insignificant
- A reasonable person in the circumstances would have taken those precautions
When considering these matters the Court must take into account the following
- The probability of the harm occurring if care were not taken
- The likely seriousness of the harm
- The burden of taking precautions to avoid the risk of harm
- The benefit to society of the activity that creates the risk of harm
Each case is determined on its own facts and circumstances, applying the principles as outlined above.
The law of negligence is complicated, 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.
