Accidents can happen anywhere, including public places such as a park or shopping centre. If you are injured through no fault of your own, you may be entitled to make a public liability claim.
A personal injury or public liability accident can happen on private or public property. This means if you were injured out and about somewhere other than at work or in a motor vehicle accident you may be entitled to make a public liability claim.
What types of public or private accidents are covered?
Public liability law covers a wide variety of circumstance sin which people may suffer personal injury, these include:
- Playground accidents
- Schoolyard incidents
- Injuries sustained in sporting activities where the oval, arena or court has fallen into disrepair or is poorly maintained
- Slips and falls in supermarkets or other retail outlets
- Dog attacks or injuries caused by other animals
- Falls on public or private property
- Residential accidents
- Labour-hire / construction accidents on the premises of the host employer, and
- Physical and sexual assaults
How do I know if I have a claim?
Many accidents that occur in public places can be avoided by the liable party or property owner by taking reasonable care to have the necessary safety measures in place. These can include adequate signage, training or maintenance.
If an incident has resulted in a personal injury and fault or negligence can be proven, then it is likely you will be able to obtain personal injury compensation. Our experienced Gold Coast compensation lawyers, will advise you and pursue your rights for any injury claim for pain and suffering, expenses and loss of income. For the claim to have any chance of success, we will need to prove three things which include:
- The person or company at fault owned you a duty of care
- The person or company failed to provide this duty of care
- You were injured as a result
Who do I claim against?
When you file a claim for public liability compensation, the insurance company of the business or person at fault will be paying you the compensation you need.
What can I claim for?
We will help you determine the amount of compensation you are entitled to by looking at the financial gap between you lifestyle and living situation before the accident and how you lifestyle is affected now.
You may be able to claim for:
- Pain and suffering
- Medical expenses
- Loss of earnings
- Any help or nursing needed at home
- Legal fees
How long does public liability compensation claim take?
Like any other compensation claim, we recommend getting in touch with us as soon as possible after your accident occurs. Seeking legal advice at the earliest opportunity possible will ensure any evidence for your claim can be collected in a timely manner.
Most public fallibility claims will be resolved within 12 months however they can take longer. The amount of extra time it takes can depend on how serious your injuries are and the length of your treatment.
The law sets a strict time limit for you or your legal representative to start court proceedings within 3 years from the date you’re injured.
A claim form must be served to the person considered at fault within 9 months from the date of the accident or within 1 month of consulting a lawyer.
How much compensation will I get?
The actual amount of compensation you receive will depend on a few factors including:
- Your age
- How serious your injuries are
- Your total loss of earnings
- How much you have paid for rehabilitation
- Future treatment
- Your ability to work
How do I commence my claim?
The claim is started by sending a Notice of Claim to the person considered at fault. Their public liability insurer then has 6 months to investigate the claim before making a decision about liability. When your injuries have stabilised you are assessed by doctors for medico-legal purposes and then the claim is usually settled. It is highly unlikely that your case will end up in court.