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Public Liability Compensation
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Frequently Asked Questions
I Suffered an Injury in a Public Place. Can I Claim Personal Injury Compensation?
Exactly What Injuries Can I Claim Public Liability Compensation For?
- in private residential homes;
- in outdoor public places like parks, gardens, sporting fields, playgrounds, schoolyards or beaches;
- in private buildings like shopping centres, hotels, restaurants, bars, nightclubs, gyms, indoor playgrounds, amusement venues, clubs, associations, universities, libraries, churches or art galleries;
- in rented premises like flats, units, apartments, houses or places of business;
- in planes, boats or public transportation;
- while enjoying recreational and sporting pursuits like trial bike riding, jet-skiing, kite surfing etc.;
- as a result of animal attack;
- due to food poisoning or contamination events;
- in physical assaults; or
- in a sexual assault.
What If I Was Partially at Fault?
How Do I Make a Claim for Public Liability Compensation?
Generally, if you have been injured in a public place and believe you have a public liability claim you should complete the following steps as soon as practicable:
- Seek assistance and or medical attention;
- Identify and record the contact details of any witnesses to the incident;
- Take photos of the site where the accident occurred and of any particular elements that may have caused the accident;
- Take photos of and record your injuries;
- Notify the negligent person, company or organisation that the incident occurred and request that an incident report be completed; and
- Seek legal advice regarding your potential claim.
If you are unsure about completing any of these steps please contact Separovic Injury Lawyers and we can assist you.
What Entitlements Can a Public Liability Compensation Claim Provide?
General damages include compensation for:
- pain and suffering;
- loss of enjoyment of life; and
- permanent disability caused by the injury.
When settlement negotiations take place and when a judge makes an award of damages each of these factors are considered and an amount allocated for each factor.
When claiming for general damages a person injured in a public place is entitled to claim by way of the Civil Liability Act 2002. General damages are assessed using the law governing common law damages which has been developed over hundreds of years by Australian judges and courts.
Public liability compensation claims for financial loss can include:
- any loss of income suffered from the date of the accident until the date of settlement;
- future loss of income if the injured person is not able to work wholly or in part in the future;
- reduced scope of employment which in the future may theoretically result in a loss of income; and
- any past or future loss of superannuation.
Public liability compensation can be claimed for:
- Ambulance expenses;
- Past and future hospital treatment;
- Past and future nursing services;
- Past and future medical services;
- Past and future X-rays, CT and CAT scans, MRI’s and Ultrasounds;
- Past and future medication;
- Medical aids and equipment;
- Past and future dental services;
- Past and future rehabilitation services; and
- Past and future therapy services.
Public liability compensation can be claimed for accident related:
- Domestic support services paid;
- Care services provided by friends or family (gratuitous); and
- Travel costs.
How Long Will a Public Liability Compensation Claim Take to Settle?
- How serious your injuries are;
- What treatment you require;
- What rehabilitation you require;
- How long it takes for your injuries to stabilise;
- Whether you are able to make a common law claim;
- Whether you are able to make a claim against any third parties; and
- How long it takes to negotiate a settlement with the defendant and their legal representatives.
Many claims handled by Separovic Injury Lawyer are settled within 2 years from the date of accident.
Why Appoint a Personal Injury Lawyer to Manage My Claim?
Separovic Injury Lawyers have worked hard to establish our reputation as tough and tenacious negotiators. Please contact us if you would like to ensure that you maximise all of the compensation you deserve to receive.
Who Pays for My Public Liability Compensation?
Can I Make a Claim for a Superannuation Total and Permanent Disability Lump Sum Payment?
What Legal Elements Need to Be Satisfied for My Claim to Be Successful?
- That a person, company or organisation was at fault and owed you a duty of care;
- That a person, company or organisation breached that duty of care; and
- As a result of that breach, you were injured and suffered loss.
Do I Have to Make a Public Liability Compensation Claim Within a Particular Time Frame?
What Can I Do to Assist the Progress of My Public Liability Compensation Claim?
- It is helpful to keep a detailed diary of events which records the impact of your symptoms, the treatment you receive, work time lost due to injury and treatment and travel expenses;
- Don’t be stoic and avoid getting treatment. This might lead to other parties to think that you are not as injured as first thought. You should follow the advice of medical practitioners and seek treatment when advised to;
- Don’t give a statement to the insured or the insurer without first obtaining legal advice;
- Beware that sometimes surveillance is used to check up on personal injury compensation claimants;
- Realise that sometimes images on social media can be taken out of context and could damage your claim for compensation;
- That you should focus on your treatment and rehabilitation and limit your activities until your claim has been settled; and
- An expert personal injury compensation lawyer will make it much easier to navigate the legal system and get you every cent of compensation you deserve
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