Compensation & Insurance: Public Place Claims - Guides
Public Place Claims
8. Proving Your Claim
Firm / Chambers:
Last updated: 25 Aug 2015
- There is a large degree of fact-finding and evidence gathering required in order to prove that your claim is valid. You must have sufficient evidence to prove that the party who you are claiming against was at fault or that they were negligent.
- Once the notice of claim form is lodged and responded to you or your lawyer must start investigating the circumstances of the accident in order to prove fault or negligence on the part of the respondent.
- This may involve hiring an investigator or some other expert to provide an opinion about the accident and what caused the accident. The information you obtain and gather will be the evidence that proves negligence.
- The evidence relating to the circumstances of your accident must convince the person adjudicating your claim that the other party somehow acted carelessly, failed to act at all or failed to take reasonable care that caused or would have prevented your injury.
- The harm that you have suffered must have been foreseeable (appeared likely) to most people as a possible result of the person's negligent action or inaction.
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