Whether you have a legal case varies greatly on the area of law that your case deals with. We recommend consulting with a legal professional, as they will provide you with all relevant information and the options available to you. This can help you make a more informed decision regarding next steps.
The main issues a lawyer will consider are:
- Can the other party be held liable?
To sue someone, there needs to have been a breach of a duty. This duty can involve a breach of contract, a breach of a statutory duty (a breach of a government act which can be brought as a civil action) or a breach of a duty of care (tort law). A lawyer can evaluate your case and determine if the other party is able to be held liable.
- Is the case able to be proven?
Courts have certain requirements in order to prove a case. Whilst we may know something happened, it can often be difficult to compile evidence to provide to a judge to prove your case. A lawyer can inform you of all the documents, testimonies, witness statements, affidavits and other evidence that is needed to prove your case in a court of law.
- Will the money awarded in compensation outweigh the legal costs?
Court is expensive and time consuming. It should be noted that even though you may be awarded monetary compensation from the judge, there is a possibility that this will be less that what you will spend in legal costs
- Has the statute of limitations expired?
There are time limitations for legal actions. The Statue of Limitations Act 1974 (Qld) outlines the maximum time period that can pass before a legal action cannot be brought.
The following are a list of the major time frames
- 3 years for personal injury claims (where the plaintiff has suffered a physical or psychological injury)
- 6 years for tort or contract issues where there has been no physical injury (pure economic loss, economic loss, property damage)
- 6 years for rent recovery claims
- 12 years for land recovery
- 1 year from the date of publication of defamatory material
- 21 days from the date of dismissal for unfair dismissal claims
If the statute of limitations expires, even if you have a strong legal case, it can be difficult or impossible to bring an action against the other party.
If you would like tailored, expert legal advice regarding you legal options, contact a member of our Litigation and Dispute Resolution team.