Torts law is a complicated area of law that requires extensive statutory interpretation (understanding the written law) and analysis of precedence (considering previous judgments) in the specific area of the tort. Torts are also subject to the statute of limitations. This means that plaintiffs may be barred from bringing an action in court if the timeframe for bringing an action has expired. It is very important to seek legal advice as soon as possible after an incident.

If you are a complainant or plaintiff there may be many different kinds of torts that apply to your particular situation. A lawyer can help you with your claim by:

• reviewing your case details and discussing with you the likelihood of receiving compensation;
• considering what action is available for you;
• assisting you to make a plan that will help you overcome any ongoing problems;
• negotiating with the defendant or defendant's solicitor about the amount of compensation; and
• representing you in dispute resolution proceedings or in court.

If you are the defendant or the respondent you should know that the plaintiff has the responsibility to prove that you have committed a tort or 'wrong' against them. They will need to prove all the elements of the case including that there was:

• a duty of care;
• which has been breached; and
• the breach caused damage;
• that can be reasonably attributed to your action or inaction.

A lawyer may be able to help you defend the claim in court by:

• advising you on your rights and the likelihood of the complainant’s case being made out in court;
• advising you on any defences that may be available to you under the law;
• advising you on any negotiations that may be appropriate to settle the matter outside of court; and
• assisting you with remedial strategies that may prevent future incidents.