Introduction

The general rule in New Zealand is that if a person has suffered personal injury, civil proceedings are barred by our Accident Compensation scheme. Criminal proceedings (e.g for manslaughter) are not affected. The two exceptions to this rule are:

  • Claims for exemplary damages for outrageous conduct (such as sexual assault and domestic violence),
  • Claims for mental trauma (or 'nervous shock').

Claims in excess of $200,000 will be filed in the High Court.

An out of court settlement is often the preferable way to resolve things but if this is not possible, then proceedings can be issued with a ‘statement of claim’ filed in court which sets out the basis of the claim.

"I can’t thank you enough. I felt so looked after – and am still walking on air!"

"Thank you for seeing my sister. She is feeling a lot more at ease knowing the situation is in your capable hands."