Civil or Negligence Claims
Civil or Negligence Claims
If you have suffered loss of an economic or personal injury nature (which may include mental harm) due to another person’s negligence (act or omission), you may be able to claim damages and compensation against them or their insurer.
Where insurance policies are involved, you must beware of insurance companies selling you short; whether the relevant policy is for your property or business, income protection, motor accident, workers' compensation, public liability, or whatever. Whenever making claims under any insurance policy, you must get legal advice on your full entitlements.
Some strategies insurance companies use include, firstly, using people called Loss Adjusters who persuade the insured that they are entitled to only claim less than they are actually entitled to under the relevant policy.
Secondly, getting the insured to sign waivers on further claims when the full extent of their loss is still unknown. Don’t sign them.
Thirdly, even when legally represented, sending correspondence directly to the insured, and not their lawyers, to avoid them getting legal advice on, and making a claim for, the insured’s full entitlements under the policy.
In my experience, insurance companies tend to deny claims in the hope that the insured will cave in and not pursue them in court. You must get legal representation, and, where necessary and appropriate, sue the insurer to get your full entitlements under the insurance policy.
Note that in another context, civil claims may also be made against a person in authority, such as a police officer, for malicious prosecution, assault, battery, and trespass to the person.
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