General Legal Action / Financial Loss Claims
When you are considering legal action there are two broad principles to consider.
Firstly, it is ideal if you have available good legal advice from an experienced solicitor. Your solicitor will be aware of details and legal precedents which may not be known to you.
Second, and importantly, you should obtain advice from an independent adviser (a solicitor) who is not so close to the matter and sees things through different eyes. This can make a big difference … help bring on a beneficial outcome.
Calculating the amount of a claim and proving a claim is a sophisticated process which requires experience and care. For example, insurance companies will not pay a claim, or will heavily discount a claim, that lacks adequate supporting evidence or credibility. Don’t be guided by someone down the street – seek the advice of an experienced solicitor.
During your first appointment with one of our solicitors they may be able to indicate to you whether you have a worthwhile claim, or a defence for a claim against you. We will tell you if a claim you are considering making is too risky.
Click on the questions below to reveal the answer.
What are compensation claims and other types of claims?
You can claim compensation for a direct loss, usually a loss caused by another person or company. The loss might be damage to your property or assets, a personal or business loss, libel (defamation), other financial loss, a breach of copyright or some other misuse of your intellectual property.
What is the method for calculating damages (the amount of the claim)?
The amount is different in each case. In a general sense the Court will try to put you in a position as if the event causing the loss had not occurred.
Which Court will hear my case?
It depends on the value of the claim and it may be a State or a Federal Court.
Is there a time limit?
In most cases of property damage or financial loss there is a six year time limit, but it can be as little as one month.
However, it is prudent to be quick. If you delay, you run the risk of your claim being barred by lapse of time.
Some cases have much shorter time limits, e.g. as little as two days.