Phone: (08) 8314 7575 | After hours: 0412 975 081

Phone: (08) 8314 7575 | After hours: 0412 975 081

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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.

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Free legal advice.

If you have some questions, want some advice or want to get the process underway, contact Scammell & Co. to arrange a meeting. In many cases (not all) the first 30 minutes of your first meeting is free. This can give time to outline your matter and for us to give you preliminary advice.

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Port Adelaide
235 St Vincent Street,
Port Adelaide
South Australia 5015

(08) 8314 7575
8.30am-5.00pm
Mon-Fri

Adelaide
86 Franklin Street,
Adelaide
South Australia 5000

(08) 8314 7588
8.30am-5.00pm
Mon-Fri

Walkerville
95A Walkerville Tce,
Walkerville
South Australia 5081

(08) 8342 0300
8.30am-5.00pm
Mon-Fri

Gawler
8 Union Street,
Gawler
South Australia 5118

(08) 8522 7160
8.30am-5.00pm
Mon-Fri

Renmark
9 Murtho Street,
Renmark
South Australia 5341

By appointment
(08) 8586 6764

Tanunda
By appointment
(08) 8314 7588

After hours - 0412 975 081 - Evenings, Weekends, Public Holidays

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