Negligence and Compensation Claims
Claims where loss has been caused by another party's carelessness, including professional negligence and property damage.
You Have Suffered Loss Because of Another Person's Conduct
When someone else's carelessness has caused you financial loss, whether through poor professional advice, property damage or another failure to take reasonable care, it can be difficult to know whether a claim is realistic. Each element of a negligence claim needs to be established, and no outcome can ever be assumed in advance.
What Is Negligence?
Negligence arises where a person fails to take reasonable care and that failure causes loss to someone they owed a duty to. It is a legal concept with specific requirements, not simply a description of someone acting carelessly.
Duty of Care, Breach and Causation
A claim requires a duty of care to have existed, a breach of that duty, and loss that was actually caused by the breach rather than by some other factor. Each element must be established separately.
Building a Claim: Evidence, Time and Outcome
Proving Your Loss
The loss claimed must be properly quantified, whether it is financial loss, the cost of rectifying damage, or another measurable consequence of the breach. Speculative or unsupported figures rarely succeed.
Expert Evidence and Documents
Expert reports are often required, particularly in professional negligence and building matters, to establish the appropriate standard of care and whether it was met. Records, correspondence and contemporaneous notes are also important.
Time Limits
Strict limitation periods apply to negligence claims and can run from the date of the negligent act or the date the loss became apparent, depending on the type of claim. Delay can permanently affect your ability to bring a claim.
Settlement or Court Proceedings
Many negligence claims, particularly those involving insurers, are resolved through negotiation once liability and loss have been properly assessed. Where a claim cannot be resolved, proceedings may be commenced, with any compensation recovered depending on the evidence and the court's assessment.
How Shah & Co Lawyers can assist
We assess each element of a negligence claim honestly before recommending you spend time or money pursuing it.
Merit Assessment
A realistic view of duty, breach, causation and loss before you commit to a claim.
Professional Negligence
Claims against advisers, builders and other service providers.
Expert Evidence
Engagement of experts to support liability and quantum.
Insurer Negotiations
Representation in negotiations with insurers and their lawyers.
Limitation Advice
Confirming the time you have left to bring a claim.
Court Proceedings
Representation in contested negligence and compensation claims.
Steps to take early
- Preserve documents, photographs and records relevant to the loss.
- Avoid making repairs or changes before evidence is captured, where possible.
- Keep a record of ongoing costs and financial impact.
- Seek advice promptly given the time limits that apply.
Frequently asked questions
General information only. Every matter turns on its own facts.
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Advice and representation where a contract has been breached, terminated, disputed or performed differently to what was agreed.
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Recovery of unpaid invoices, loans and money owed, from letters of demand through to judgment and enforcement.
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Disputes about ownership, co-ownership, boundaries, easements, caveats and interests in land or other property.
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Disputes about defective goods, poor workmanship, misleading conduct and services that were not delivered as promised.
Learn moreInjunctions and Urgent Court Applications
Urgent applications to preserve property, restrain conduct or protect a position until the dispute can be determined.
Learn moreTribunal and Court Proceedings
Representation in civil proceedings before New South Wales courts and tribunals, depending on the nature and value of the dispute.
Learn moreDiscuss whether you have a negligence claim.
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