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Serious Injury Applications and Common Law Damages

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Statutory compensation schemes provide defined benefits, but they do not compensate for pain and suffering or for the full extent of lost earning capacity. A common law damages claim addresses that difference. Access to a damages claim generally depends on establishing that the injury meets a threshold of seriousness and that another party was negligent.


The threshold test is a substantial part of the work. It requires medical evidence, vocational assessment, and material showing how the injury has affected the person's daily life, work and relationships over time. Evidence of this kind is best assembled deliberately rather than gathered at the last moment, and we start that process early.


We assess prospects honestly at the outset. Some matters are strong, others are marginal, and clients are better served by a realistic view than an optimistic one. Where a claim proceeds, we advise on the likely range of outcomes, the timeframes involved, and the costs consequences of each step.


Most claims resolve through negotiation or a pre litigation process, but not all. Where proceedings are necessary, we prepare the matter properly, brief counsel where appropriate, and continue to advise on settlement as the case develops.


Our services include:


  • Assessment of eligibility for common law damages

  • Serious injury applications and threshold requirements

  • Preparation of medical, vocational and lay evidence

  • Advice on prospects, timeframes and costs

  • Negotiation and pre litigation resolution

  • Court proceedings where settlement is not achieved

  • Advice on the interaction with statutory entitlements

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