Personal injury Claims & Compensation

If you’ve been injured on publicly owned property, you may be entitled to compensation through a personal injury claim. Injury compensation is available in cases of negligence occurring on private and public areas, including:

  • Roadways
  • Footpaths and parks
  • Domestic premises
  • Rental properties
  • Shopping centres
  • Worksites
  • Schools
  • Hotels
  • Recreation and entertainment venues.

You may also be entitled to damages if you’ve been injured as a result of a defective product, such as a household appliance or children’s toy. Complex mandatory processes mean that claimants should seek legal advice promptly after injury. Claims must usually be lodged within 9 months of injury date.

 

What should I do after a public area or personal injury?

Following your public area injury, you should get medical treatment as soon as possible and return for regular follow-ups to report the severity of your condition. It is also important to get photographs of the accident location to clearly show where the injury occurred and the cause you believe is responsible for the mishap. You will need evidence if you wish to proceed with a personal injury claim.

Not sure if you’re eligible for personal injury compensation? Our experienced personal injury compensation solicitors can review the circumstances of your case to determine the best course of legal action.

Just fill in your details below and we will let you know if you can claim compensation!

 

Specific Personal Injury Claims


Holiday & Travel Accidents

If you have been injured on holiday or during travel we can help you. Whether you were injured at a resort or hotel, had an accident during a holiday activity, suffered from flight disruptions and cancellations contact us for assistance. See more information about travel and holiday injuries.

School Accidents

If you have a child who has been injured at school or on school property you may be entitled to compensation. Accidents can occur in may ways, including on playgrounds and play equipment, on sporting fields, or from poor teach supervision. Find out more how our school injury lawyers can help you and your child.

Aircraft & Airplane Injuries

Accident and injuries can happen on commuter, charter and recreational flights whether from aircraft manufacture negligence, defective aircraft components or a range of other issues. For more information, see how our aircraft and airplane lawyers can assist you today.

Accidents & Injuries on the Road

We can help you no matter what injury or accident you have sustained on the road, including car accidents, motorbike injuries, cycling incidents or damages received as a pedestrian.

 

More Information

How does the process work for personal injury claims?

We handle accident compensation claims for roadways, footpaths, parks, domestic premises, rental properties, tradespersons and service providers, school injuries, public areas, hotels and entertainment venues, recreational injuries, machinery injuries and defective products. As workers compensation lawyers Brisbane and QLD wide, we can also help you with all workplace cover claims.

Many different types of claims come under the broad description “Personal injury”.

These claims are regulated by the Personal Injuries Proceedings Act 2002 and the Civil Liability Act 2003 which:

  • Impose strict time limits for lodging a Notice of Claim
  • Require the completion of pre-court procedures, including mandatory mediation, before a lawsuit can be started
  • Protect the at-fault party from paying the victim’s legal costs of making a claim
  • Protect the at-fault party from full accountability for the damage caused to the victim.

A Notice of Claim Part 1 (NOC-1) must be sent to the at-fault party within one month of the claimant first instructing a law practice to seek damages for their personal injury. In most cases, a claim must be made within 9 months of the injury occurring, or within 9 months of the at-fault party being identified (whichever date occurs first). If the NOC-1 is lodged outside of the applicable time limit, a reasonable excuse for the delay must be submitted.

The insurer has one month to tell us whether they believe your notice complies with the Personal Injuries Proceedings Act. Claimants may be required to provide further Statutory Declaration to achieve compliance.

From the date that compliance is confirmed, the insurer has 6 months to respond to the merits of the personal injury claim.

After the NOC-1 has been accepted, the NOC part 2 must be completed and lodged.

What are the types of personal injury claims?

Not only can sustaining an injury in a public area be upsetting, it can also affect your financial stability. If your injuries are serious enough, your lifestyle and your ability to work can be impacted. Damages from personal injury claims can help cover the financial cost of medical bills and lost income.

If you’ve been injured in a public place, there’s a chance you’ll meet the requirements to make a compensation claim. The specialist personal injury lawyers at Carter Capner work with you to get the best possible outcome and help get your life back on track. If you have been involved in a motor vehicle incident, speak to our car accident lawyers Brisbane and QLD wide instead.

Defective Products

Legislation imposes statutory warranties in relation to the supply of goods. These include warranties of merchantable quality and fitness for purpose. These warranties are contractual and apply between the seller and the buyer.

In the case of “consumer” type goods, this extends to cover not only the buyer of the goods but other subsequent buyers. This means every person who eventually comes to own the goods can sue a corporate manufacturer for defects (according to the Trade Practices Act, Part V Division 2). These claims must be commenced within 3 years of the owner becoming aware of the defect.

If you’ve sustained an injury as a result of a defective or faulty product or device, you may be eligible to proceed with a personal injury claim.
Generally, defective product compensation claims are brought forward for:

  • Faulty household appliances
  • Faulty machinery, components, and cars
  • Unsafe chemical products or medications
  • Defective medical prostheses and implants
  • Defective consumer goods
  • Faulty toys.

The defective product compensation claim process can be complicated if you’re unfamiliar with this area of law. Carter Capner has years of experience handling defective product claims, and can help you get the best outcome.

Public Area Compensation

From slips and trips to falls and other impact injuries, public area accidents can happen just about anywhere. If you’ve sustained an injury in a public place, public area accident compensation can help cover any pain and suffering you’ve endured.

Standards are imposed by local authorities, and sometimes by government regulation. These standards apply to construction, and in some cases, the operation of public areas. For example, steps may be required to conform to certain minimum dimensions and contain certain minimum safety features (e.g. handrails). If an injury is caused as a result of a design or construction not conforming to minimum standards, there is a good chance you’ll be entitled to damages.

In the case of walking surfaces, minimum safe coefficients of friction may apply. If a slip occurs as a result of the surface not meeting that standard, damages to the extent of injury may be payable with your personal injury claim. In each of the above cases, it is necessary to prove the failure of appropriate standards through the expert evidence of a safety engineer. The safety engineer will usually inspect the premises, prepare a detailed report, and appear in court if necessary, to be cross-examined as to his or her conclusions.

Shopping Centre Accidents

Owners and occupiers of commercial and private premises owe a duty to take reasonable care for the safety of persons who enter their property. To recover damages for shop accidents, the general principles apply and you must prove:

  • The nature of the duty owed
  • Breach of that duty
  • The injury complained of has been caused by that breach.

You are not entitled to compensation merely because you suffered injury. The owner or occupier is required to take reasonable care. What is reasonable depends on all the circumstances. Supermarket personal injury claims usually fall into one of two categories: defective design or construction, or inadequate surveillance or maintenance.

Common causes of shop accidents include:

  • Spills or slippery floors
  • Broken or malfunctioning doors
  • Obstructions such as boxes and stock
  • Escalators and shopping trolleys.

If you’ve sustained injuries in a shopping centre as a result of negligence, you may be entitled to compensation. If you have been injured while on duty working, get a better idea of how we can help with our workers compensation lawyers Brisbane wide.

Roadways and Footpath Accidents

These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002.

Local authorities are not liable for every deficiency in the paths and roads under their control of which they may have no knowledge. They will be liable if they fail to exercise reasonable care in the design and maintenance of their public footpaths and roads. They may also be liable for defects of which they had been aware or should have become aware.

Factors that will be taken into account when assessing whether a council has acted reasonably include:

  • Magnitude of the risk
  • Potential of an injury
  • Expense in rectifying the fault
  • Budgetary constraints
  • Difficulty and inconvenience of taking steps to remove the danger.

When a council carries out work, it is liable if it does not meet normal and usual standards. If a council inadequately repairs a pothole or inadequately constructs a road in the first place, making it likely potholes will form, it will be liable for any injury proven to be the result of the inadequacies.

A road authority has only to have completed the works complained of to the standard appropriate at the time those works were completed. Footpath and road users are themselves required to take care for their own safety and if they fail to see and avoid an obstacle which ought to have been obvious to them, they may be considered at least partly responsible for their own injuries.

Common causes of roadway accidents include:

  • Improper signage
  • Unmarked, uneven surfaces
  • Requiring motorists to turn too sharply
  • Breaching duty to keep a construction zone safe.

Common causes of footpath accidents include:

  • Failure to maintain, repair, or renew a footpath.

If you’ve sustained injury because of a defective roadway or footpath, it is important to seek advice from a personal injury claims expert. The experienced lawyers at Carter Capner can determine whether you have a claim.

Park Accidents

A park accident can quickly turn a fun day out into a distressing disaster.

Common causes of park accidents include:

  • Poorly maintained equipment
  • Tripping hazards such as elevated sections of rubber flooring
  • Protruding nails and screws.

A public authority is liable if it fails to take reasonable care to prevent injury by a lack of adequate maintenance, or by failing to warn of dangers of which it ought to be aware. Local councils have been held liable for the nuisance created by its failure to clear a drain, and for the personal injury resulting from its omission to warn the public of the dangerous condition into which a public structure had fallen.

Where there is a concealed danger or an unusual danger of which the council should have known, an injured member of the public may succeed. An example might include failure to warn of the risks of submerged logs at swimming holes.

Councils are liable for injuries caused on their premises and in public places like parks to the extent that they fail to take reasonable care. This includes failing to design, construct or reasonably maintain playground equipment.You may not succeed in your personal injury claim, or the extent of your damages may be reduced, if you have failed to have taken reasonable care for your own safety – for example, if an obvious risk is ignored.

If you have suffered an injury while visiting a public park, it is important to seek professional legal advice immediately.

Domestic Premises Accidents

Owners and occupiers of private premises owe a duty to take reasonable care for the safety of persons who enter onto their property. To recover damages, you must prove:

  • The nature of the duty owed
  • Breach of that duty
  • The injury complained of has been caused by that breach.

You are not entitled to compensation merely because you suffered injury. The owner or occupier is required to take reasonable care. Claims (like those for commercial premises) usually fall into one of two categories: defective design or construction, or defective maintenance.

Domestic owners and occupiers are generally not required to conduct regular maintenance inspections of their premises to ensure the absence of all defects. However, they are responsible for defects that could create a safety hazard. For example, they must ensure floors and tiles are not unreasonably slippery, are kept free of hazards, and are designed to meet appropriate standards. As in the case of commercial premises, the extent of the duty is measured according to the likelihood of any injury occurring.

Rental Property Accidents

These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002.
The owners of rental properties owe a duty to the tenant to take reasonable care for the safety of the tenant and other persons who foreseeably enter onto the property.

The owner is not liable for defects in the premises of which they were unaware, as long as it can be deemed reasonable for them to have been unaware of the defect. If an owner is aware of a defect that could foreseeably result in an injury, the owner will be liable if the defect is not rectified within a reasonable amount of time.

At the commencement of any residential tenancy, the owner and tenant are required to complete a report on the condition of the premises. This is a statutory obligation which arises under laws relating to residential tenancies. If any defect is notified in that report and that defect eventually causes an injury, the owner may be liable as a result. The same result would apply if a tenant has brought to the owner’s attention a defect which subsequently causes an injury.

How does no win no fee work with my personal injury claim?

Our compensation lawyers may be able to assist your personal injury claim on a no win no fee basis. For more information see what does no win no fee mean?


 

Personal injury Compensation Entitlements

Compensation covers your past and future expenses as well as lost income or wages. If any component of your injury is permanent, you will also qualify for “general” damages and for loss of future earning capacity, which even for small-percentage impairments can be substantial when extrapolated to retirement age.

Domestic care provided to you at no cost by friends and family can be compensated for subject to thresholds, provided the need arose as a result of the injury. To estimate the worth of your personal injury claim, enter your details into our compensation calculator, view our compensation payout guide or speak directly with us on 1300529529.