VIC Self Represent Personal Injury Claim Before a Magistrate?

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Thelma

Member
20 September 2014
4
0
1
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?
 

Toqual

Well-Known Member
10 July 2014
130
9
414
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.

 
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Sophea

Guest
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.
 
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Thelma

Member
20 September 2014
4
0
1
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.
Thank you for your help
 

Thelma

Member
20 September 2014
4
0
1
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.
Your advice is much appreciated
 

Toqual

Well-Known Member
10 July 2014
130
9
414
Pleasure!
 

Rod

Lawyer
LawTap Verified
27 May 2014
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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.
 

Thelma

Member
20 September 2014
4
0
1
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.
Thank you for your suggestion. What are my options if my initial letter seeking compensation is just ignored?
 

Rod

Lawyer
LawTap Verified
27 May 2014
7,129
958
2,894
Send a follow up letter by registered post with delivery confirmation.