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The Down-Side of Small Common Law Claims: You could lose valuable rights.

When you suffer a bodily or psychiatric injury you can become entitled to some very valuable rights, without having to sue anyone. These rights include Medicare benefits, public hospital care, Centrelink benefits, and possibly Workers Compensation. Suing at common law can jeopardise these rights.

If your common law matter settles, it will be for an “all-in” figure and out of this you will have to pay your legal fees and expenses and you will also have to repay any Medicare and private health insurance benefits, public hospital charges, Centrelink disability benefits, and any Workers Compensation benefits of any kind arising from those injuries. Your right to Medicare benefits, private health insurance benefits and Centrelink benefits for those injuries will stop for a time, and your Workers Compensation rights for those injuries will come to an end forever.

You should ask your solicitor at the start whether your claim is likely to be a small claim and whether the likely result to you will be enough to make up for all of the rights you will be losing if your matter settles. If the damages will be too small, you should not sue at common law, as you may be losing right more valuable than your share of your damages from your common law claim.

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