Common Law Claims

Common law claims may be brought in a wide variety of situations where injury occurs as a result of the negligence or fault, of a person or organisation.  Typically, they are brought against employers or occupiers when an injury occurs in the workplace, or against Councils, shopping centre operators or other occupiers or controllers of a place when an injury occurs outside a workplace.

When a product causes injury, a claim may be brought against the manufacturer.

Claims against employers

An accident may result from the negligence of an employer, or the negligence of an employer's workers, servants or agents, as they are known.

Employers have a duty of care at "common law" to look after their employees.

The negligence of an employer may not, at first glance, be obvious. 

Common law damages claims are frequently more valuable than a workers compensation claim.

Workers compensation is restricted to benefits available under the relevant statute, which is the Workers Compensation Act 1951.

However at common law, damages may be payable for the following:

• Pain and suffering
• Past wage, or economic loss.
• Future wage, or economic loss.
• Past medical, hospital, pharmaceutical and rehabilitation expenses.
• Future medical, hospital, pharmaceutical and rehabilitation expenses.
• Past and future care by relatives and friends without payment can also be rates applicable to professional care or care agencies.
• "Sullivan v Gordon" damages which may be payable - which is compensation for the care that the injured person would have otherwise rendered to someone else, but for the injury.

The above components of the damages are not an exhaustive list of all damages that can possibly be claimed.

Public Liability

These types of claims are common law claims for damages arising out of personal injury caused in circumstances where there is negligence by a person or organisation other than the injured person's employer which causes injury.  The circumstances may arise from or be caused by a faulty product, an injury to an employee caused by the negligence of a person other than the employer, a slip or fall in a public place such as a supermarket or shopping mall, are just some examples.

Components of the damages include:

• Pain and suffering.
• Past wage, or economic loss.
• Future wage, or economic loss.
• Past medical, hospital, pharmaceutical and rehabilitation expenses.
• Future medical, hospital, pharmaceutical and rehabilitation expenses.
• Past and future care by relatives and friends without payment can also be rates applicable to professional care or care agencies.
• "Sullivan v. Gordon" damages which may be payable - which is compensation for the care that the injured person would have otherwise rendered to someone else, but for the injury.

The above components of  the damages are not an exhaustive list of all damages that can possibly be claimed.

Retaining Turner Freeman to act in a common law claim

Our first consultation is free.  If we believe you may have a viable common law damages claim we will fund and conduct the investigation needed to then run the claim on a "no win no fee" basis.  Our experience is that there is no other way to do it because we recognise that the cost of bringing such a claim is beyond the capacity of most people. We will act on the basis of our written conditional costs agreement.

We will, fund, select and pay for relevant medical and expert reports in the case.  We will pay the government's fees required to file the claim in Court.

Subject to our costs disclosure, we will not issue a bill until the matter has been resolved.  Most of the costs and disbursements incurred by us in running your claim will be recovered from the defendant either as part of the settlement, or after the resolution of the claim.  The balance of our costs and disbursements are payable by the client from the damages or compensation received.

Any barrister retained by Turner Freeman will also do the work on the same basis.