Expertise
Tort & Compensation Law
A person harmed by an unlawful act may claim compensation for that harm. Tort law covers a broad range from bodily injury and loss of support to vehicle damage and emotional harm. Accurate calculation and choosing the correct respondent are the most critical elements of the process.
Pecuniary and Non-Pecuniary Damages
Pecuniary damages cover economic losses such as treatment costs, loss of earnings, reduced working capacity and loss of support. Non-pecuniary damages compensate for the pain and suffering caused by the event.
The scope of the loss is determined through fault ratios, actuarial calculations and expert reviews. Incomplete or incorrect calculation is the most common cause of lost rights.
Traffic Accidents and Insurance
For bodily injury arising from traffic accidents, a written application to the vehicle’s compulsory liability insurer is required before filing suit. The insurer’s offer may fall short of the actual loss; a legal assessment before acceptance is important.
- Loss-of-support compensation in fatal accidents
- Permanent/temporary incapacity compensation in injury cases
- Vehicle damage, diminished value and loss-of-use claims
- Applications to the Insurance Arbitration Commission
Workplace Accidents and Malpractice
In workplace accidents, the employer’s liability turns on whether occupational health and safety measures were taken. In medical malpractice, determining whether the harm was a complication or a breach of the duty of care requires specialist expert review.
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Tort & Compensation Law
For torts, the general period is two years from learning of the damage and the liable party, and in any event ten years. Where the act is also a criminal offence, the longer criminal limitation period applies.
It is advisable to have the actual loss calculated before accepting. A signed release may, depending on its terms, make later additional claims difficult.
Courts consider the severity of the event, the degree of fault, the parties’ economic and social circumstances and how the event occurred. The amount is at the judge’s discretion, guided by precedent.
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