Public Liability Claims

Everyone hopes to make it through the day safely and arrive home in one piece. However, when you are injured because someone else was careless, the injuries can have a huge impact on your life.  It can lead to pain, the need for costly and ongoing treatment and it can interfere with your ability to work and your future options.

A Queensland public liability compensation claim assists people who are injured in accidents in public or private places (other than car accidents). This can include injuries in private residences, commercial premises, shopping centres, public areas such as footpaths, schools and more. A claim can provide a lump sum damages payout to compensate you for the impact the injury has had on your life.

Being injured is distressing enough. Trying to find money to pay for lawyers to protect your rights can also seem impossible for most. But don’t feel like you have to take action alone. Insurers typically pay much less to people who don’t have lawyers. This is because gathering enough evidence to prove your case is complex and insurers are not likely to tell you what you should be claiming for. In short, if you go it alone, you could actually end up worse off.

We acknowledge that many injured people cannot afford to pay for a lawyer or for experts to provide medico-legal reports. So, to improve access to justice, we offer No Win No Fee cost arrangements.  This means that if we do not get you a compensation pay out for your personal injury claim, then you don’t need to pay our professional fees. Therefore, you can obtain legal advice and commence a claim without the worry of trying to pay for it while you are recovering from your accident, injury or illness.

We offer a no obligation initial consultation to find out if you have a valid claim for compensation.

Also, unlike some other law firms who act for injured people, we do not charge an extra “uplift” on our fees. When speaking to law firms, you should check if they intend to charge an uplift on their fees. We don’t.

What we charge is clear at the start of your claim. So you don’t have to worry if the fees are going to jump by up to 25% due to an “uplift”.

RECORD THE DETAILS AND CAPTURE THE EVIDENCE

Record as much detail as possible at the scene of the accident, if possible.   For example, record the date and time of the accident,  the name and contact details of the people involved or  any witnesses, and take photographs of the area or the injury.

GO TO DOCTOR AND GET TREATMENT

If you are injured, you should seek treatment.   Carefully describe your injury to the doctor so there is a medical record of the event and the need for treatment.

KEEP RECORDS & RECEIPTS

Keep all your receipts for treatment, medication, travel to treatment providers.   Keep a record of time taken off work or jobs knocked back because of the injury.   It is also helpful to keep a diary recording the impact the injury is having on your life and your work.  This can all be used to prove your loss when it comes time to negotiate a settlement.

COMPLETE THE CLAIM FORM & SERVE IT ON THE PERSON OR ORGANISATION AT FAULT

Complete, sign and serve the Notice of  Claim Form on the person who was responsible for your injury (we can help you complete this form, identify the correct respondent and serve the document).

 GATHER EVIDENCE TO PROVE YOUR LOSS

Gather all other relevant documentation and evidence to prove your loss and the impact of the injury on you.

MEDICO-LEGAL EXAMINATIONS

Once your injury has stabilised and you have recovered as much as you can, we arrange for an independent medical examination with a specialist who will provide expert opinion evidence about the impact the injury has had on your life (now and into the future).  The insurer also has the right to have you assessed by their expert witnesses.

NEGOTIATE A SETTLEMENT

Once all the evidence has been gathered, negotiations commence with the insurer to settle your damages claim for a lump sum amount.   This includes amounts for pain and suffering, treatment expenses (including future expenses), loss of income, future loss of earning capacity, future treatment and care costs.

START COURT PROCESS IF NEGOTIATIONS FAIL

If the matter does not settle, a court process begins.

MEDIATE A SETTLEMENT!

Attend a mediation to attempt to resolve your claim.  If it does not settle at mediation, it can progress towards a trial. Very few matters get to a trial.  But if it does, a court will assess a claim based on the evidence, expert reports and legal submissions.