How much insurance or compensation will I receive for public liability injury?
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. The amount of insurance you are entitled to is based on a comparison of how your life was before and after the accident.
If 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 lives.
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:
- 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 is likely to occur due to the injury; and
- The interest from the loss of earnings.