Private Premises accident claims

Public liability injuries on Private Property may arise either from the action of the other participants, inadequate control, management of the activity, defective premises, or defective equipment. Our Public liability lawyers handle insurance and compensation claims for a wide range of Public Liability related injuries.

Do you have an insurance or compensation claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.

Do you have a potential Private Premises accident claim?

Make an enquiry

What to do if you have been injured in Private Premises?

Private Premises accidents can cause permanent injury. In the case of adults who are unable to work due to sickness, disability, or a permanent injury resulting from the accident, you may be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) or income protection claim.

Owners and occupiers of private premises also owe a duty to take reasonable care for the safety of persons who enter onto their property and are liable to those injured on the premises if they don’t. You are not entitled to compensation merely because you suffered an injury. The owner or occupier is required to take those precautions that are considered to be reasonable in all the circumstances. Although the standard of care required of private owners is less than that demanded of commercial property owners, private owners will generally be liable for the consequences of injuries caused by significant and/or obvious hazards.

Claims (like those for commercial premises) usually fall into one of two categories, namely defective design or construction on the one hand or poor maintenance on the other. These claims are subject to the Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002. The Civil Liability Act 2003 limits liability for “obvious risks” and “dangerous recreational activities”.

If you are unsure where to start, contact our expert public liability lawyers who will give you advice.

1

Schedule your free initial consultation

At our initial consultation, we 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

We 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, we will also collect employment and income records so that a 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, we will get an independent medical expert opinion as to the extent of your injury.

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

4

Lodge your claim

If the investigation results satisfactorily, we 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

We 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 compensation to which you are entitled.

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

What happens if I've been injured in a Private Area accident?

Private owners are generally required, for example, to ensure that 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 circumstances, including the likelihood of any injury occurring.

In the case of alleged failure to conform to appropriate standards, it is often necessary to prove the breach by the expert evidence of a safety engineer who would usually inspect the premises, prepare a detailed report and appear in court if required to be cross-examined as to his or her conclusions.

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.

What’s my chance of a successful Public Liability claim?

Every situation is different. For TPD and other insurance, this depends on your particular policy. In compensation claims, we need to carefully consider:

  • how the accident occurred;
  • whether any element of the design or construction fell below reasonably acceptable standards;
  • how and when the owner or property manager was made aware of the defect;
  • 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 public liability lawyer who specialises in public 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 your lawyer 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 6 years prior to the accident and each year after), references and resumes

What are the fees for compensation claim for public liability accidents?

It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regards to your 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 many cases.

We service all of Australia in relation to travel and holiday injuries including injuries occurring overseas.

Types of injuries that can occur in Public Liabilitys?

Private Area accident injuries may arise either from the action of the other participants, inadequate control, management of the activity, defective premises, or defective equipment.

Fractures

Soft tissue injury

Disc injury

Paralysis

Quadriplegia

Emotional trauma

Psychiatric disability

Bruising

Eye injuries

Hearing loss

Back injuries

Wrist injury

Head injuries

Knee injuries

Neck injuries

Shoulder injuries

Broken bones

Breaks and dislocations

The CCL method

Our compensation 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. We 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, we 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 fees do you pay a solicitor for Public Liability Injury compensation?

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

    We 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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