Often in compensation claims, whilst a defendant or an insurer might accept they were primarily to blame for the accident/a person’s injuries, they will often also argue that a person contributed to the accident and/or that some act or omission on their part has made their injuries worse. In legal terminology, this is referred to as contributory negligence.
As consumers, we trust that the products we buy are going to be safe. In fact, whether or not a product will be safe to use, is a consideration that most consumers give little to no thought. This stems from the high standards of product safety that we have come to expect here in Australia. When purchasing a product, particularly if it is Australian made, we expect that the safety standards are maintained and even exceeded. The truth is, that no matter how careful and thorough manufacturers are, defects and safety issues still arise. With this in mind, some Australians are unfortunate enough to suffer some considerable injuries and losses as a result of products being defective and unsafe for the purpose for which they were bought.
Jim, our client, was injured at work when a truck he was about to unload, being driven by an outside contractor, unexpectedly and without warning rolled backwards and pinned him against a hoist.
Unfortunately for many people involved in accidents, their physical injuries will only be part of their problems, with psychiatric injuries developing over time.
Being injured in an accident which wasn’t your fault is a dreadful experience, but the financial strain which often comes hand-in-hand can really add to your stress.
Any person appearing as a witness in a court case must swear an oath that they will tell the truth, the whole truth, and nothing but the truth. Even if your matter is being decided by something other than a court (such as the Claims Assessment & Resolution Service), honesty is important.