Have You Had An Accident That Should Be Compensated Under Public Liability?
If you have been injured in a public area due to the negligence or actions of another party, such as a park or beach, you may have the right to compensation through a public liability claim.
Once you have sought legal advice, it is then possible to bring forward the claim to the party at fault for failing to ensure your public safety. If the claim is successful, through public liability laws, you may be compensated. To be able to make a public liability claim, you have to prove that the party you are making the claim against was at fault, which caused your injury.
Establishing Duty Of Care
The first thing to ensure before making a claim is that the occupier of the space where you were injured owed you a duty of care. Operators are required to have a duty of care over all people that enter their premises and to ensure they are safe while on their property. After you have established that the owner owed you a duty of care, you must then begin to prove that they breached that duty of care through negligence or mismanagement. For example if floors are slippery and there are no signs of caution, or other hazards aren’t properly managed, this may be seen as a breach of their duty of care. If you were then injured due to this negligence or mismanagement, whether it be physically or psychologically, you may be entitled to compensation from the party at fault.
What Evidence Do You Need To Make A Public Liability Claim?
The key to a successful claim is to provide enough reliable evidence to prove your case. Ideally, you want to begin gathering evidence for your claim as soon as you can after the incident. The more evidence you have the more chance of your claim being successful. Examples of gathering relevant evidence include:
- Going to the doctor as soon as possible.
- Report the injury to any management on duty at the location.
- Taking a photo of the area of where the accident occurred.
- Taking a photo of the injury if it was physical.
- Writing down a series of events while the incident is fresh in your mind.
Keep All Medical Documents
While you are taking these steps, be sure to keep any receipts from your medical practitioner and keep track of any leave you were required to take off work due to your injury as these will help you prove the need for compensation.
What Can You Claim For?
Once you have gathered enough evidence for your liability claim you may then be eligible for compensation for:
- Psychological distress
- Physical pain and continued suffering
- Carer fee’s – If you require a carer after your accident, you have the option to seek monetary assistance to pay for their services
- Builder fee – If you require modifications to your home, such as wheelchair ramps or stair elevators, you can seek monetary compensation
- Loss of income – If you miss out on any income from your job due to the injury, you may claim it back
- Medical fees – Any medical expenses may be covered through your claim. This includes doctor’s appointment, hospital fees, medication, ambulance fees, wheelchairs or crutches, etc.
What Happens Once I've Won My Claim?
Once you have successfully claimed compensation, the occupier of the public space will compensate you through their public liability insurance or if they aren’t covered, out of their own pocket. Depending on the severity of your claim, your case may take longer than expected. In most cases, if you suffer a minor injury with only short term loss, suitable compensation can be quickly calculated and both parties can settle without too much hassle. This changes if the injury is more serious. If you suffer a serious injury and there is likely to be long term costs as a result, the claim may take longer for both parties to agree on what a suitable payment may be. If you believe that you are entitled to a public liability claim due to negligence or mismanagement of a public space, don’t delay your reaction. Every day you wait to claim, makes your claim less likely to be successful so act now. Get in touch with one of our expert lawyers for advice on your claim by filling out our online form or calling us on (02) 9011 7929.
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