Public Liability Claims
What is a public liability claim?
A public liability claim is a claim for compensation caused by personal injury suffered because of someone else’s negligence on public property. Examples of a public liability claim include a trip and fall on a footpath or slipping on a wet floor at a shopping centre.
Public liability claims also include injuries suffered by children at school, including if your child is bullied at school. You can read more about our bullying lawyers here.
If you have been injured in a similar situation, our public liability lawyers can advise you whether you can make a claim. If you have a public liability claim, we will ensure that we claim the maximum amount of public liability compensation for you.
Do I have a case?
Public liability claims are complicated. That’s why you need a public liability lawyer from Lawpoint in your corner, helping you navigate the system and fighting for you every step of the way.
For a public liability claim to be successful, you will need to prove that:
(a) Your injury was suffered as a result of someone else’s negligent act or omission;
(b) That the injury could have been avoided if that person has taken action to prevent it;
(c) You have suffered an injury and incurred losses as a result of your injuries; and
(d) The negligence was the cause of your injury and losses.
What can I claim?
Public liability claim compensation varies, depending on the severity of your injury and your personal circumstances. The total amount of compensation can include things like:
- Past loss of income for time off work;
- Future loss of income for income you will lose as a result of your injuries;
- Past medical expenses you have incurred for treatment of your injuries;
- Future medical expenses for treatment or rehabilitation expenses that you will need to incur to help you recover;
- Pain and suffering compensation to compensate you for the pain, suffering and loss of enjoyment of your life because of your injuries;
- Domestic assistance which covers the cost of help with personal tasks such as showering or grooming and home duties such as cleaning or shopping.
- Permanent impairment to compensate you for your loss of function due to your injuries.
How can our public liability lawyers help?
Contact our experienced public liability lawyers and we will provide you with an obligation free initial assessment of your public liability claim. We will:
- Take the time to understand you, your injuries and the effect that they have had on you and your family;
- Gather evidence of your accident and determine whether they were caused by someone else’s negligence. This may include obtaining expert evidence from someone such as an engineer or other expert;
- Have you assessed by a specialist doctor to prove you have been injured and determine the extent of your injuries and disabilities;
- Identify who is responsible. Sometimes, this can be more than one person;
- Submit your claim to the responsible person. If that person’s insurer accepts liability for your injury, we will try to negotiate the best possible out of court settlement for you;
- If the insurer rejects liability for your claim or is unwilling to settle out of court for the amount you deserve, we will prepare and represent you in a court claim to seek compensation for you;
- Always treat you with the compassion and understanding that you deserve.
Real life examples of public liability compensation
Our public liability lawyers have successfully represented many people just like you and helped them achieve the compensation they deserve.
We acted for a client who suffered serious injuries when he fell from a walkway to the concrete pathway below after leaning on a safety rail. This happened because the rail, which was supposed to prevent exactly these types of falls, had not been maintained by the local council, even though the council had received complaints about the poor state of the rail.
We investigated our client’s injury including by obtaining council records that proved that the council had knowledge of the poor state of the rail. We gathered medical evidence on behalf of our client to prove his injuries and the extent of his impairment. After council’s insurer was initially unwilling to settle, we commenced a court case on behalf of our client against the council. The case was successfully settled for a very significant sum of money, which properly compensated our client for the injuries and losses he had suffered as a result of the council’s negligence.
We acted for a delivery driver who fell through an open pit on a construction site to the concrete floor below, resulting in significant injuries. He fell through the open pit because the pit was located in a dark room, with no warning signs of the danger that the open pit presented to someone entering that room.
Our client was initially represented by another lawyer, who advised our client that it would be too hard to prove negligence against the owner of the building.
After taking on our client’s case, we commenced proceedings on his behalf against the building’s owner. The insurer, who had previously refused to negotiate a settlement, then agreed to settle our client’s claim for a substantial sum of money and our client was properly compensated for his injuries without the need to continue with his court case.
No win, no fee costs.
Speak to one of our experienced public liability compensation lawyers today. It will cost you nothing for Lawpoint to provide you with an initial obligation-free assessment of your public liability claim.
There are no upfront costs to you. If your public liability claim proceeds, we will accept your case and we only get paid if you win or settle your claim. No win, no fee only applies to our legal costs. You will still need to pay disbursements (the expenses we pay to third parties such as doctors for their report fee).
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