If you have been injured in public, and it was someone else’s fault, you could be entitled to a public liability compensation claim. Public liability compensation deals with the law surrounding accidents or injuries in the public domain, including supermarkets and on council property.
Shine Lawyers have a team of public liability lawyers who can assist you in making a claim for compensation under Queensland Law. Our public liability experts operate on a No Win No Fee basis and provide home or hospital visits if you can’t make it into the office.
Common questions about public liability claims
What is the public liability compensation claims process?
How do I know if I have a public liability compensation claim?
How do I make a public liability compensation claim?
What does it cost to make a public liability claim?
How much public liability compensation can I get?
What can be claimed under public liability compensation?
Who pays the compensation when I make a public liability claim?
How long does a public liability compensation claim take?
Is there a time limit on when I can bring forward a public liability compensation claim?
What is the public liability compensation claims process?
Shine Lawyers have expert public liability compensation lawyers that can advise you of your rights and entitlements under Queensland law. Public liability claims can be very complex, and no two cases are the same, but generally speaking – the below process represents how a client goes through the compensation legal process with Shine Lawyers.
How do I know if I have a public liability compensation claim?
If you have suffered a slip, trip or fall, and have been injured in a public place, you may be able to make a public liability compensation claim.
Types of injuries that are typically involved in public liability claims are:
- Injury in a park or in other public places;
- Injury in a rental premise;
- Injury on private property, like a shopping centre;
- Injury from an animal, like a dog bite or horse-riding accident;
- Injury caused in the school yard;
- Injury suffered at an amusement venue;
- Injury from a recreational activity or sport, aviation or boating activity like a jet-ski or diving accident;
- Illness or injury from food poisoning; and
- Injury as a result of a physical or sexual assault.
It always best to seek legal advice as soon as possible following an accident or injury in public, to make sure you get the appropriate legal advice for your situation, and to ensure your rights are protected.
How do I make a public liability compensation claim?
Shine Lawyers are expert public liability lawyers that can help you find out if you have a claim, and bring it forward on your behalf. This area of law is typically quite complicated, and thorough analysis of your situation and the facts surrounding your case are important in establishing your right to compensation.
Successful public liability claims typically need to prove the following:
- That the person or company at fault owed you a duty of care – this means they had an obligation to take measures to prevent harm;
- That the person or company failed to take this reasonable care;
- That you were hurt and suffered financial loss as a result.
As part of our service offering we have an obligation free first consultation, which means you can get an understanding of your rights under Queensland law and your ability to bring forward a public liability claim for compensation.
What does it cost to make a public liability claim?
When you make a public liability claim, in most cases the insurance company of the entity at fault will pay the compensation to you rather than the specific person at fault for the incident.
When it comes to your legal costs for making a claim for compensation, you will only have to pay our fees if we win your case at the end. We operate on a No Win No Fee basis for all public liability claims.
How much public liability compensation can I get?
How much compensation you can receive from a public liability claim varies depending on the nature of your claim and the facts of your situation. As everyone’s situation is different, compensation will depend on factors such as your age, how badly you’re injured, how much you’ve lost in earnings and how much you’ve paid out of your own pocket for your treatment so far.
Depending on the nature of your public liability claim, in most instances a monetary value is placed on the gap between your predicted life path before the injury, and your actual life path since the injury.
What can be claimed under public liability compensation?
A public liability compensation claim will cover all of your physical and psychological injuries and losses, which includes both past and future losses.
Typically, clients can claim for things like:
- Medical and hospital expenses
- Loss of earnings
- Pain and suffering
- Home help you have received (paid or unpaid)
Who pays the compensation when I make a public liability claim?
In most cases, the insurance company of the person or business at fault pays the compensation you need rather than the specific person who is at fault.
How long does a public liability compensation claim take?
No two public liability claims are the same, and how long it may take to resolve depends on a range of factors. Generally speaking, many public liability claims are resolved within 18 months, but more complex cases can take longer. It all depends on how serious your injuries are, and the treatment you’ll need to restore your health.
Is there a time limit on when I can bring forward a public liability compensation claim?
In every case, strict time limits apply which will impact on your ability to make a claim. Typically, you need to lodge your claim within three years of the date you were injured, so it’s really important you seek legal advice as soon as possible to protect your rights to make a claim.