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Civil Liability Claims

Garling and Co can help you with your civil liability claim. We’ve put together a fact sheet below that addresses some of our frequently asked questions but if you have any other concerns about civil liability, please do not hesitate to get in touch with our expert team today.

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The law is different depending on the circumstances in which you sustain an injury.

Can I sue the person responsible for my injuries?

If you sustain an injury at work, you can sue your employer however this is modified by the Workers Compensation Act (NSW) 1987.

If you are injured as a result of a motor vehicle accident, then this is modified by the Motor Accidents Compensation Act (NSW) 1999.

Other circumstances where you may wish to sue for injuries might be as a result of:

  • An assault by another person;
  • Negligence of a doctor;
  • A slip and fall when you are on someone else’s premises;
  • An injury sustained whilst on public land or;
  • Injury at work where it was caused by someone other than you employer.

These claims are now in a large part modified by the Civil Liability Act 2002 (NSW).

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Graeme M.
04:22 29 Oct 25
Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more
Melanie F.
00:20 18 Oct 25
3 years ago, I got injured at work and at first I was denied getting any help from a certain insurance company so I looked up lawyers that could possibly help me getting what I was entitled to and I... am so glad Garling and co took on that responsibility to help me,I still have some way to go but Kerry Byrnes and her team have gone above and beyond for me I am so grateful I had her in my corner,I highly recommend Garling and co I don’t know where I would be now if not for guidance and understanding THANKYOU Kerry and team I am 1 happy customerread more
steve J.
00:38 29 Sep 25
Brilliant Service and I am always kept well informed. Definitely recommend this law firm to anyone seeking compensation lawyers. I really appreciate and thank Matthew and his wonderful team for their... incredible and sincere hard work they have put in for my case in the last couple of years. My family and I are blessed and very satisfied with our outcome. God Bless you Matthew Garling and your team.read more
Mark W.
10:50 17 Sep 25
Garling and Co. are an exceptional outfit. Matthew Garling is a talented lawyer and supported and surrounded by a great team of people including Allison Luck and others. What made Matthew... particularly impressive with my case were his ability to communicate complex legal processes and simplify options for the next steps, his genuine interest in the law, and his passion to seek appropriate compensation on my behalf. He was not ready to settle my case until I was ready to settle the case. I am very grateful to have had Garling and Co. 'in my corner' and would not hesitate to recommend this business to others.read more
Elyce
22:22 06 Sep 25
I never imagined this chapter would close, but it finally has.I cannot thank Joelle enough for the incredible support she gave me during one of the most challenging times in my life.Her... professionalism and genuine care throughout my claim process exceeded all my expectations.Whenever I contacted Garling and Co to speak with Joelle, I was assisted by Lynn. She was always polite, clear, and concise, and consistently showed empathy whenever I called or emailed.read more
Anonymous 1.
22:02 04 Sep 25
I was referred to Garling & Co Lawyers, after previously retaining another law firm who failed to progress my matter for a period verging on three years.This was extremely frustrating and damaging,... causing me a lot of unnecessary stress and unreasonable delays. After my first conference with Matthew, he understood the challenges that I had faced and that I wanted to resolve my matter with the defendant reasonably and in a timely manner.My matter was resolved at mediation and during the process, Matthew and Dallas Morgan (barrister), professionally communicated the procedure to me and they negotiated a reasonable settlement, that I was comfortable in accepting.Thank you to Matthew and Allison for being patient with me during the most challenging time of my life. I can now move on with my life and heal. Had I not retained Garling & Co Lawyers, I highly doubt my matter would ever have been resolved.read more
Sammy R.
01:07 04 Sep 25
Garling and Co have been the best lawyers. Kerry and Matthew have worked and been working on my case for a long time now. They have worked so hard and fought for my case every step of the way. They... are highly experienced in what they do, and are compassionate at the same time. I highly recommend this firm. My life changed in an instant when I was hit by a car, I will be forever grateful for the help they've given me. 10/10read more
Donelle L.
20:37 11 Aug 25
So very happy with the service Garling has provided with both of my claims from the start to the end cannot thank them enough Mathew and the team are the best
Rachel J
01:46 09 Aug 25
The level of service that Garling & Co provides is truely unmatched.Thank you to both Matthew and Allison for your professionalism & dedication throughout my journey of being a client.Matthew... provided me with genuine, factual and straightforward advice throughout the process and this made things easy to understand and put any uncertainty I had to rest. A complicated process ran smoothly and I always felt supported, knew where things were at and that I was in good hands.The communication at Garling & Co is exceptional. Every question I had, whether by email or phone was responded to in a timely manner and at every stage I was confident Matthew would be guiding me through the next steps - which he did, until my case was finalised.Thank you for upholding clients dignity and respect, these are values people like me need in such critical times of their lives. As a client, it is clear these values shine through. You provided me with a safe space where I was able to focus on my day to day challenges caused by my injuries, while you took care of the legal aspect on my behalf.Lastly, I’m grateful for your commitment to the work that you do and the care that you provide to people who find themselves in unfortunate circumstances beyond their control. And thank you so much for the very positive outcome that I received.read more
Ros P.
07:12 29 Jun 25
Staff polite, clear and concise. Explained well in a logistical manner. Overall a great service.

Frequently Asked Questions

1. What is negligence under the Civil Liability Act in NSW?

The law of negligence in NSW is now modified by the Civil Liability Act 2002 (NSW).

An essential element of negligence is the existence of a duty of care. The courts over the years have accepted categories of duty of care or that a special relationship exists between parties that a person must take reasonable care to avoid acts or omissions which are likely to injury another in such a relationship.

Examples would be an employee and an employer, an occupier and an entrant upon premises, a doctor and patient, a school and its students. These are the most common categories.

In most cases, there is little issue that a duty of care exists as most injuries would fall under an accepted category where a duty exists.

The Act sets out three conditions that must exist before negligence can arise.

A person is not negligent in failing to take precautions against a risk of injury unless:

  • It was a risk of which the person knew or ought to have known.
  • The risk was not insignificant.
  • A reasonable person in the circumstances would have taken those precautions.

When considering these matters the court must take into account the following:

  • The probability of the harm occurring if care were not taken.
  • The likely seriousness of the harm.
  • The burden of taking precautions to avoid the risk of harm
  • The social utility of the activity that creates the risk of harm.

Each case is determined on its own facts and circumstances applying the principles as outlined above.

The law of negligence is complex and you will need the assistance of a lawyer who is an expert in personal injury law to advise you whether you have a claim for compensation under the Civil Liability Act.

2. How is compensation paid under a negligence claim?

To receive compensation, you must notify the person you believe has been negligent and is responsible for the injury you have sustained and that you wish to make a claim for compensation.

In the majority of claims the injury will be covered by insurance and you will receive a response from an insurance company to your claim.

You can then negotiate, with the assistance of a lawyer, a resolution of your claim directly with the insurance company or if you are unable to reach an agreement you must commence a claim for compensation in an appropriate court of NSW.

Compensation under a claim for negligence is called Damages.

Damages is broadly defined to include any form of monetary compensation.

Damages usually includes monetary compensation in the form of:

  • Non-economic loss which means a lump sum amount for pain and suffering and loss of enjoyment and expectation of life.
  • Economic loss which is compensation awarded for loss of income such as wages and payment of medical expenses.

Damages are payable at the conclusion of a negligence claim as a lump sum amount for both economic and non-economic loss sustained as a result of the injury.

3. What type of compensation is payable in a negligence claim?

There are 2 broad types of compensation payable:

  • Non-economic loss.
  • Economic loss.

Non-economic loss

Non-economic loss includes compensation for pain and suffering, discomfort, inconvenience, loss of pleasure derived from work, hobbies and sport, marriage and child bearing, loss of independent, curtailment of life, loss of expectation of life and disfigurement.

You are entitled to receive a lump sum amount of compensation for non-economic loss as determined by a table under the Civil Liability Act in NSW, Your injuries are compared to that of a most extreme case and you are awarded an amount of money based on what percentage of a most extreme case your injury is compared to a most extreme case. The maximum amount payable under the Civil Liability Act is $551,100.00 for 100% of a most extreme case.

Economic loss

Economic loss covers the loss of the following:

  • Past and future loss of income.
  • Past and future payment of medical expenses.
  • Past and future loss for the capacity to care for oneself and dependants.
  • Loss of superannuation entitlements.

Payment of compensation or damages is made as a once off lump sum amount at the conclusion of a civil liability claim. The nature and extent of your injuries and how they affect you on a day to day basis will determine the amount of compensation you are entitled to receive.

4. How are negligence claims finalised?

Negligence claims are finalised by one of two ways:

  • Agreement with the negligent party (or its insurer) or;
  • An order of a NSW court.

It is normal to give notice of a claim for negligence to the party you consider has been negligent and to negotiate with them (or usually the insurer) a resolution of the claim prior to the commencement of court proceedings. Often claims can be resolved by agreement with an insurance company prior to commencing any court proceedings.

If, however you are unable to resolve a claim by way of agreement then you must file a claim in a NSW court which has jurisdiction to deal with your matter.

Filing a Statement of Claim in the Court commences a formal claim and will after about 10 months (if you have still not been able to reach an agreement) determined by a Judge. The Judge will hear all the evidence and determine if the defendant was negligent, and if so, how much compensation you are entitled to receive.

5. Are there time limits to make a negligence claim?

Yes. There are various time limits depending on the type of negligence claim and how you are injured. Time limits vary considerably depending on the type of matter such as motor vehicle accidents, work accidents, medical negligence claims and public liability claims.

As a broad rule, you should commence a claim within three years from the date of the accident. However, the law is not so straight forward. The three-year period begins and ends at different times for different types of accidents.

For some types of claims there are also preliminary steps that must be taken before you can claim.

For example, to make a claim for a motor accident you must notify the police within 28 days of your accident and then you must lodge a claim form within six months.

For a work accident, you need to notify your employer immediately and lodge a claim within 28 days.

For some other types of negligence claims, you have three years from the date of “discoverability”. That is, the date which you knew or ought to have known that you had a right to make a claim.

For negligence claims, there is also a 12 year long stop limit which means that after 12 years, you can no longer claim.

The law in relation to time limits is as you can see, complex. If you do miss a time limit you can sometimes get an extension of time to commence proceedings from the court. Again, the rule is different depending on the different type of accident you may have.

The best thing to do is to be aware that time limits do exist and to contact a Lawyer who specialises in personal injury as soon as possible if you think you may have a claim.

If you need assistance or would like further information on the Civil Liability Act in NSW, please do not hesitate to contact us as follows;

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8518 1120
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