Personal Injuries: When liability is denied.

What can you do if you have suffered a personal injury and the wrong doer or insurer has denied liability for the injury?

The NSW Supreme Court in the case of Hume v Patterson used its discretion to separate the hearing of the matter into different issues and to hear those issues individually. In this case the Plaintiff suffered serious injuries when water skiing, that left him a quadriplegic. The Defendant was the driver of the boat towing the Plaintiff at the time of the accident.

The court decided to separate the issue of whether the Defendant was liable, wholly or partly, for the Plaintiff’s injuries from the issue of damages (the amount of money the Defendant would have to pay the Plaintiff if the Defendant was liable for the accident).  The court exercised its descrition because the issue of liability was complicated and would be lengthy and costly. As the issue of damages would also be complex and time consuming, the court decided it would be beneficial to first determine whether or not the Defendant was liable for the accident, rather than having a hearing about liability and damages as is normally the case.

elringtons can assist you in determining who is liable for an accident or injury and the best way to run your case. We can give you the information and advice to help you make the right decisions for you.

For more information, contact:

Matthew Bridger | e: mbridger@elringtons.com.au | p: 02 6206 1300 http://elringtons.com.au/wp-content/uploads/2011/07/Specialist-accreditaion.jpg