Assault and Personal Injury - Duty of Care Owed?

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Law_makes_sense

Active Member
23 November 2015
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0
36
As it turns out, it is a civil claim wanting 'damages' paid by me. A law firm has taken this case on...

For injuries on my end, all law firms suggest that my claim would highly likely cost more in legal fees. And I'm not really interested in engaging in any court activity simply it's very stressful but I will pursue a counter claim further down the line.

Given the circumstances of the conflicting stories and no charges were laid, what are the chances of this thing actually succeeding?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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953
2,894
While the burden of proof in a civil claim is lower than a criminal case, the other side still needs to prove their case.

If you intend to defend the claim, you may as well make a counter claim for not much extra cost.
 

JS79

Well-Known Member
2 October 2015
306
36
714
Perth
Can I ask how much they are claiming by way of damages?
 

Law_makes_sense

Active Member
23 November 2015
9
0
36
JS79, At this moment their lawyer is still trying to make their 'Form 1 notice' complaint' since there was quite a bit of mandatory information missing as per the form requires.

I can't believe a professional law firm would even attempt to serve incomplete paperwork and try to seek compliance. Highly unprofessional?

At this moment, no such dollar value has been mentioned from the other party. Recently received documents relating to the whole police investigation which was quite interesting because the police themselves made comments about the opposite party as 'money hungry'.

Will update on this as this goes on