There are systems of law and government schemes in place to protect the rights of people injured on the roads or at work, as well as entitling them to compensation. However, unfortunately, many people every year injure themselves in public places. These public places can include parks, shopping centers, and other public places, and for these people, the avenue to compensation comes via a public liability claim. So what are public liability claims? And how do they work?

Duty of Care

Like all common law claims, a public liability claim relies on the fault of another party. For instance, a party that has a duty of care to ensure no harm comes to individuals. This may include companies performing work in public areas, the owners and brands in shopping centres as well as local councils. Medical negligence is another example of a public liability claim, whereby the provision of medical services has not met the requisite standard of care.

How do I make a public liability claim?

When making a public liability claim, it is important to contact a personal injury lawyer to ensure your claim is given the best chance of success. They will explain the relevant requirements provided by the Personal Injuries Proceedings Act 2002 (QLD) and what the steps are in the process. A notice of accident claim form must be lodged with the at-fault party within nine (9) months of the individual suffering the injury or within one (1) month of consulting a lawyer. Strict time limits apply to public liability claims, therefore it is important to garner legal advice as soon as possible after the incident.

Steps to making a public liability claim

Once a claim is lodged, your lawyers will begin to build your case. This will include gathering evidence relating to your medical condition, and may include specialised medico-legal reports. Further evidence as to the loss of past and future earnings you have suffered will also be gathered to ensure you are fully compensated for the impact the injury has had on your life. During this period it is important to obey any pain symptoms you may have, and seek guidance of medical professionals as well as cease any activities that worsen your symptoms, including working.

How long do public liability claims take?

Public liability claims can range in time from six (6) months to three (3) years. Often the delay in claims is due to waiting for injuries to be stabilised before they can be accurately assessed by a medico-legal doctor. Once all evidence is gathered a settlement conference will be held to settle your case against the other party. If this is unsuccessful, the claim may be delayed to gather further evidence before another negotiation will take place, before ultimately court proceedings.

What are the cost involved?

Most law firms will offer to run a public liability claim on a contingency fee basis. At Littles Lawyers we will assess your circumstances and likelihood of success during our free initial consultation. Littles Lawyers runs public liability claims on a ‘no win no fee’ basis, meaning that unless we secure a successful outcome, meaning monetary compensation for you, we will not charge anything for our services.

Next Step!

If you or someone you know how been injured in a public setting, you may be entitled to compensation. Reach out to Littles Lawyers for a free assessment of your situation and likelihood of success in a public liability claim.

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