Compensation

To bring a claim for personal injury, or to defend a claim, has become quite a complicated area of law in New South Wales.

Such a claim involves alleging that someone failed in their obligations in causing or contributing to another person’s injuries.

Any injury can include a physical or psychological injury or often includes both.

The consequences of having a personal injury claim can be dramatic for anyone. The pain suffered can be permanent and can affect someone’s life in lots of ways. This includes the following:

1. Pain and suffering.

2. Loss of earnings and superannuation.

3. The need for help around the home.

4. Past and future medical expenses.

This is compounded if someone is required to undertake a number of operations and often seeking treating for a number of years.

In these situations, it is vitally important that anyone who is so affected by these injuries, obtains legal advice appropriate to their circumstances.

Our firm has had a number of years of significant experience in this area of law. We often act for deserving clients on a conditional no win/no fee basis. Email us at reception@culletonlawyers.com.au

At some stage, you will probably engage a professional to provide you with their expertise.

These can include services such as the following:

1. An Accountant.

2. An Architect or Designer.

3. A Lawyer.

4. An Interior Designer.

5. A Builder.

The law requires a professional in such circumstances to normally disclose the following:

1. Their area of expertise.

2. Their fees.

Unfortunately, often in these situations, these relationships reach disputes when one or both parties is unhappy with one or more aspects of the agreement.

The common areas that we often see with regards to the issues are as follows:

1. The parties failing to understand the expectations for what one party expects and what the other party can deliver, with regards to what each party requires from them, including payment of fees.

   We often advise our clients to make sure they understand what they are paying for and to ask any relevant questions to make sure that they are not confused, or they misunderstand the situation.

2. The performance of the Professional can also be something which you are unhappy with, and all too often the consequences can be dramatic if the Professional fails in their obligations.

In such a situation you are often able to bring a claim against that Professional who is required to have some form of professional insurance known as ‘Indemnity Insurance’.

You need to understand what do you need to show to prove if you want to make to claim against a Professional you have engaged?

The common questions include:

1. What the relationship was and what the expectations were, particularly as to what was reasonable to expect of the Professional.

2. If the Court decides that the Professional has not provided services of a reasonable level, then it will generally find that the Professional has breached his or her obligations.

3. The standard required of a Professional is not perfection as that does not exist. However, under the current NSW Legislation a Professional must act reasonably and provide a ‘reasonable’ service. If that Professional provides such a service, then any claim against a Professional will not succeed.

4. The Professional is also able to argue that whilst the service provided was not perfect, it was a reasonable service based on what other similar Professionals would have provided in those circumstances.

If you are faced with such a difficult situation, whether you are the Professional or someone not happy with any service, we offer an initial consultation with no charge to discuss your options and the best way forward. Start a conversation by emailing us at reception@culletonlawyers.com.au