Accidents happen in everyday life, and when an accident occurs on public or private property due to someone else’s negligence, you may be entitled to file a public liability claim. Public liability claims can cover a wide range of incidents, including slips, trips, falls, injuries from defective products, and accidents in public spaces like parks, restaurants, or shopping centers.
In Queensland, the process of filing a public liability claim can seem daunting, but with the right guidance, you can navigate it successfully. Below, we’ve outlined the steps you need to take if you’re considering making a public liability claim in Queensland.
1. Seek Medical Attention and Document the Incident
The first and most crucial step after any accident is to seek medical attention. Your health and well-being are the top priority. Once you’ve received treatment, ensure you document the incident thoroughly:
- Take Photos: Capture images of the scene, any contributing hazards, and your injuries.
- Collect Witness Information: If there were witnesses to the accident, obtain their contact details and statements.
- Keep Records: Save copies of medical reports, hospital bills, and any other related expenses
2. Report the Incident
Make sure to report the incident to the property owner, business, or relevant authority. Whether it’s a local council, shopping center management, or a private business, having a formal report of the incident on file strengthens your claim. Ensure you keep a copy of the report for your own records.
3. Consult a Personal Injury Lawyer
Public liability claims can be complex and involve multiple parties. It’s important to seek legal advice early to understand your rights and options. A personal injury lawyer will help you:
- Assess the validity of your claim.
- Gather necessary evidence.
- Handle communications with insurance companies.
- Provide guidance on the potential compensation you may be entitled to.
4. Submit a Notice of Claim
In Queensland, the first formal step in a public liability claim is submitting a “Notice of Claim” to the at-fault party. This notice informs the responsible party (or their insurer) of your intention to claim compensation. It includes details of the incident, your injuries, and your medical treatment. You typically have three years from the date of the accident to lodge this claim, but it’s advisable to act sooner rather than later.
5. Negotiate a Settlement
After receiving your Notice of Claim, the at-fault party or their insurer will investigate the matter. They may either accept liability or dispute it. If liability is accepted, negotiations can begin for a settlement amount. This figure will take into account:
- Medical Expenses: Past and future costs for treatment and rehabilitation.
- Loss of Income: Compensation for lost wages if your injury affects your ability to work.
- Pain and Suffering: Non-economic damages for the physical and emotional impact of the injury.
- Future Care Needs: Any long-term care requirements arising from the injury.
Most public liability claims are resolved through negotiation, but if a settlement cannot be reached, the matter may proceed to court.
6. Proceed to Court (If Necessary)
In cases where negotiations fail, your lawyer may advise you to take the claim to court. A judge will then determine whether the defendant is liable and decide on the appropriate compensation. It’s important to have an experienced lawyer representing you to ensure the best possible outcome in court.
Key Considerations for Public Liability Claims
- Time Limits: You generally have three years from the date of the incident to file a claim, but exceptions may apply in specific circumstances.
- Contributory Negligence: If you were partially responsible for the accident, your compensation may be reduced proportionally.
- Proof of Negligence: You must show that the responsible party failed in their duty of care and that their negligence caused your injuries.
Final Thoughts
Filing a public liability claim in Queensland can be complex, but it’s essential to take action if you’ve suffered an injury due to someone else’s negligence. By following the steps outlined above and working with an experienced personal injury lawyer, you can ensure that your rights are protected and that you receive fair compensation.
At Law Lawyers & Associates, we specialise in helping clients navigate public liability claims, ensuring that they understand their rights and receive the compensation they deserve. If you’ve been injured in a public place or on someone else’s property, contact us for expert legal advice and support.
