Do You Have a Case?
In an ideal world, none of us would need a lawyer and we’d be able to happily resolve our disputes in person. Sadly, this isn’t always the case. On the other hand, the portrayal of the law in the media sometimes gives the impression that there is always an opportunity to sue and a chance for success in litigation. Dwyer Law Group is your local firm for compensation and damages claims in Brisbane and the Gold Coast. We’ve assembled a few pointers to get you thinking about the circumstances in which you might have a legal case.
Is It a Legal Problem?
Not every wrong you suffer in life will be resolvable by legal means. While the law does admit to some flexibility in application, there are many firm rules and standards that will limit the circumstances in which you’ll be able to claim compensation. While something might feel ‘unfair’ in the workplace, terms like ‘unfair dismissal’ have a more restricted interpretation in a legal setting. There will be stricter criteria to be applied than simply a feeling of ‘unfairness’ on the part of the victim, however justified that feeling may be.
Often, there are also terms like ‘reasonableness’ or ‘reasonable person’ used in the law. These are generic terms that seek to ask ‘What would a reasonable person do in these circumstances?’ and are used as a yardstick to compare to behaviour in your circumstances.
Have You Tried to Resolve the Problem Through Other Means?
Nearly everything you can think of is governed by some kind of law – and there just aren’t enough resources to accommodate everyone trying to use them. That’s why a lot of legal issues will require that a person tries to resolve the dispute through non-legal avenues prior to commencing formal legal proceedings.
For instance, if you have an insurance claim rejected, it will probably be necessary to file an ‘internal complaint’ with the company prior to getting lawyers involved. It may have been an administrative error or a particular circumstance that the company was unaware of. Even if your claim is still rejected, you’ll be able to get a better idea of the precise reason it was rejected – helping you decide whether you will need the aid of a lawyer.
Legal Issues to Consider
If you think you do have a case, there are a couple of extra things to consider.
There are things called ‘limitation periods’ that restrict the amount of time you have to make a claim for compensation. These are in place so that people can’t decide ten years after the fact that they’d like to sue someone – which is potentially unfair and much more difficult for courts to decide on. These vary from case to case, so make sure to organise and present your claim as quickly as possible.
Naturally, you’ll also need evidence of your case. If claiming on travel insurance for stolen items, you’ll need to have filed a police report. If you suffer an injury at work, you’ll need to have filled out an accident report that states precisely what happened.
Speak to Dwyer Law Group about Your Case
It pays to be prepared in advance with the law. If you think you’ve suffered a legal wrong then make a free enquiry on our website, and Dwyer Law Group will get in touch to let you know whether to come in for a legal consultation.