Personal Injury Claim at a stalemate - help

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Cupcake

Well-Known Member
11 December 2014
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5
224
Hi,

I'm hoping someone can help me. I am currently self representing for a claim where I sustained a fractured foot at a Victorian theme park. We have been back and forward with correspondence since October 2018. My most recent conversation was them asking me to put in a dollar figure of what I will be claiming. I did that. They have got back to me stating their figure is nowhere near mine and that I now need to substantiate my claim exactly.

My current position is that I am not prepared to do this at this stage because they have not accepted liability yet. It has come to a standstill now with them refusing to do anything until my claim is substantiated and I am refusing to do this until they accept liability.

Does anyone have any advice? Is there any liability law where it states they must accept liability at some stage before negotiations proceed? I can't find anything. I desperately need something to push them into accepting liability.

If negotiations fail, I can lodge a claim within the court system. However would like to avoid this as its protracted and financially prohibitive.


Thank you
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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1,056
2,894
www.hutchinsonlegal.com.au
Sounds like you really need legal advice, especially as there are time limits to some claims. We can offer a free 30 min consult to help you.

Is there any liability law where it states they must accept liability at some stage before negotiations proceed?

They can refuse to accept liability all the way up to the judge making a ruling.
 

Alert

Well-Known Member
7 June 2019
243
18
654
I feel that because the theme park have not accepted the amount you put to them and they came back with theirs, this is good for you, as they have accepted the injury being their fault.
So now whatever avenue you take, the park is unable to deny this.