LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Self Represent Personal Injury Claim Before a Magistrate?

Discussion in 'Personal Injury Law Forum' started by Thelma, 22 September 2014.

  1. Thelma

    Thelma Member

    Joined:
    20 September 2014
    Messages:
    4
    Likes Received:
    0
    I was knocked over by a horse which was being lead through a 'No Horse zone' at a riding event. This resulted in fractures to my C7 vertebrae. I was in a neckbrace for 7 weeks and suffered greatly. I have sent a letter to the party at fault for my accident stating that I do not wish to involve Lawyers as I am asking for compensation for my personal costs only. After I month, I have not had a reply.

    Am I able to bring the party at fault before a Magistrate for personal injury case mediation or must I use personal injury lawyers?
     
  2. Toqual

    Toqual Well-Known Member

    Joined:
    10 July 2014
    Messages:
    130
    Likes Received:
    9
    You can represent yourself. No individual is required to seek representation from a lawyer, however it is recommended as they are aware of the law. Your case would involve referencing relevant legislation in order to increase the strength of your case.

    Prior to beginning a legal battle, it is required that you attempt all other methods to resolve this matter. This includes talking to the party and negotiating on compensation, or contacting The Dispute Settlement Centre of Victoria. If unsuccessful, proceed with taking legal action.

    It is recommended you seek legal advice for beyond actions.

    There are multiple ways you can begin this claim. You could file a Statement of Claim, gain compensation for negligence, etc.

    I suggest you read this site as it will assist you in proceeding.

     
    Thelma likes this.
  3. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    I agree with Toqual, there is nothing stopping you from bringing proceedings without representation but if you don't put the proper case law, legislation and arguments before the court to fight your case, the judge isn't going to do it for you. A judge can only make a determination based on what is put before him or her. It will require a lot of legal research and knowledge on the legal litigation process to know what to file when.

    Litigation is very taxing, stressful and time consuming at the best of times, let alone for unrepresented litigants. I would do everything in your power to reach a resolution prior to going to court.
     
    Thelma likes this.
  4. Thelma

    Thelma Member

    Joined:
    20 September 2014
    Messages:
    4
    Likes Received:
    0
    Thank you for your help
     
  5. Thelma

    Thelma Member

    Joined:
    20 September 2014
    Messages:
    4
    Likes Received:
    0
    Your advice is much appreciated
     
  6. Toqual

    Toqual Well-Known Member

    Joined:
    10 July 2014
    Messages:
    130
    Likes Received:
    9
    Pleasure!
     
  7. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,150
    Likes Received:
    256
    Also check to see if the organisers of the event have insurance. Might be easier to get your costs covered through their insurance and then let them worry about claiming back from the horse owner.
     
  8. Thelma

    Thelma Member

    Joined:
    20 September 2014
    Messages:
    4
    Likes Received:
    0
    Thank you for your suggestion. What are my options if my initial letter seeking compensation is just ignored?
     
  9. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,150
    Likes Received:
    256
    Send a follow up letter by registered post with delivery confirmation.
     

Share This Page

Loading...