How is compensation paid under a negligence claim?

To receive compensation you must notify the person you believe has been negligent and is responsible for the injury you have sustained and advise them that you wish to make a claim for compensation.

In the vast majority of claims the injury will be covered by insurance and you will receive a response from an insurance company to your claim.

You can then negotiate, with the assistance of a Lawyer, the resolution of your claim directly with the insurance company or if you are unable to reach an agreement you must commence a claim for compensation in an appropriate court of NSW.

Compensation under a claim for negligence is called Damages.

Damages are broadly defined to include any form of monetary compensation.

Damages usually include monetary compensation in the form of:-

  • Non economic loss which means a lump sum amount for pain and suffering and loss of enjoyment and expectation of life.
  • Economic loss which is compensation awarded for loss of income such as wages and payment of medical expenses.

Damages are payable at the conclusion of a negligence claim as a lump sum amount for both economic and non economic loss sustained as a result of the injury.