Road & Footpath Injury Lawyers

Residents are entitled to expect that local councils will keep roads and footpaths in a reasonably safe state of repair and free of hazards so they can go about their day-to-day activities without risk of injury. Our Road and Footpath injury lawyers handle injury compensation claims against councils for their failure to maintain roads and footpaths or if they negligently perform repairs causing injury.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our Road & Footpath Injury Lawyers.

Do you have a potential road or footpath injury claim?

Make an enquiry

What to do if you have been injured from a defect in a road or footpath?

Local authorities are generally liable for injuries caused by defects in inroads and footpaths – or at least the ones of which they are aware or ought to have become aware – if they do not act within a reasonable time to repair them and for injuries caused by defective design, construction and repairs.

Because of immunities that apply under the Civil Liability Act 2003 and for “obvious risks” of “dangerous recreational activities”, the conduct of these claims requires specific legal expertise.

We guarantee road and footpath defect claims are conducted by Road & Footpath Injury Lawyers with expertise in analysing the cause of the accident, the legal defences available to the council and in understanding the particular injuries that result.

Our Road & Footpath Injury Lawyers ensure your claim will include loss of income, pain & suffering, loss of enjoyment of life, loss of future earning capacity, paid and unpaid care, expenses and other financial losses that apply.

An expert team member is available to meet with you at our Brisbane Head Office – close by to major courts and insurers as well as medical and safety expert consultants – or at our Princess Alexandra Hospital office or at our Browns Plains Medical Precinct satellite office.

You are entitled to choose Road & Footpath Injury Lawyers whose experience in road and footpath defect accidents gives them the confidence to take your case with no upfront fees and only getting paid if your claim is successful.

Call or email today to get expert advice from the Road & Footpath Injury Lawyers at Carter Capner Law.

See below or call today in relation to the 1-month, 3-month, 9-month and 3-year time limits that apply to these accident claims.

1

Schedule your free initial consultation

At our initial consultation, our Road & Footpath Injury Lawyers can give you more information about the claim process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

Our Road & Footpath Injury Lawyers will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the accident and subsequent to it.

At the same time, our Road & Footpath Injury Lawyers will also collect employment and income records so that complete before and after pictures can be painted.

3

Get Independent Medical Specialists' opinions

Once we obtain all relevant medical records, including reports from your treating doctors, our Road & Footpath Injury Lawyers will get an independent medical expert opinion as to the extent of your injury.

From those reports, we will formulate how the Road or Footpath Accident has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, our Road & Footpath Injury Lawyers will then lodge your insurance claim where possible and, if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.

5

Attendance at informal settlement meeting

Our Road & Footpath Injury Lawyers will formulate your damages demand if applicable and appoint an out-of-court meeting to negotiate the resolution of your claim settlement.

6

Claim settlement or court proceedings?

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive the compensation to which you are entitled.

If your claim has not been resolved at this stage, our Road & Footpath Injury Lawyers will file proceedings in court to help you get the compensation to which you are entitled according to law.

How much insurance or compensation will I receive if I am injured on the road or on the footpath?

It all depends on the success of your claim, which will depend on the quality of your evidence and the case you make when you make a claim.

Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their life.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

  • extent of duty owed;
  • breach of duty;
  • pre-existing health prior to the accident;
  • pre-accident lifestyle;
  • injury complained of has been caused by that breach.

The amount of compensation also is determined by the following:

  • General damages (loss of enjoyment in life due to suffering);
  • Out-of-pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that are likely to occur due to the injury; and
  • The interest from the loss of earnings.

It is recommended to speak to Road & Footpath Injury Lawyers to discuss how to take the best course of action.

What are my chances of winning a defective road or footpath injury claim?

Every situation is different. In compensation claims, our Road & Footpath Injury Lawyers need to consider carefully:

  • how the accident occurred;
  • whether any element of the design or construction fell below reasonably acceptable standards;
  • whether there had been a reasonable period of time within which the defect or to have been rectified; and many other things.

How can I increase my prospects of success?

It is crucial that you:

  • Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately, so you don’t forget any crucial details later on.
  • Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
  • Record the details of any of the witnesses to the accident.
  • Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
  • Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced Road & Footpath Injury Lawyers who specialise in local authority liability claims can make the process easier, more efficient and more likely successful for you.

What kind of evidence do I need to keep and collect?

To assist Road & Footpath Injury Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc, for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc. expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records.
  • Collect documents showing your loss of earnings and earning capacity, including wage slips, group certificates, income tax returns (for six years prior to the accident and each year after), references and resumes

What are the fees for defective road and footpath injury claims?

It is essential to always speak to expert Road & Footpath Injury Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or, even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win, no fee’ service in most cases.

What types of injuries that can result from defective roads and footpaths?

Local authorities are often financially liable for injuries caused by defects in roads, and footpaths and for injuries caused by defective design, construction and repairs.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.

Fractures.

Whiplash.

Amputation.

Shock, anxiety and depression.

The CCL method

Our Road & Footpath Injury Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That’s why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone – you, us, medical specialists and barristers – stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Road & Footpath Injury Lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We’ll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, our Road & Footpath Injury Lawyers will carefully formulate the “damages” components of your claim demand. The CCL Method requires that every component – general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity – is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What expenses does Carter Capner Law cover for you under its Road & Footpath accident compensation No-win No-fee terms?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    Our Road & Footpath Injury Lawyers will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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