Park & Public Place Injuries

Accidents in parks and other public places may arise either from poor design, poor construction or inadequate maintenance. Our public liability lawyers handle insurance and compensation claims for a wide range of public place injuries.

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 team.

Do you have a potential claim for Park & Public Place Injuries?

Make an enquiry

What to do if you have been injured in a park or public place?

Local authorities or others in charge of public places can be financially liable for injuries caused by poor design, poor construction or inadequate maintenance if they fail to exercise reasonable care.

The magnitude of the hazard and the period of time available for the public authority to have affected adequate maintenance or repairs are relevant considerations in determining liability.

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 park and public area defect claims are conducted by 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 Park & Public Place Injuries Lawyer 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 the 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.

Call or email today to get expert advice from the Park & Public Place Injuries expert at Carter Capner Law.

If you are unable to work due to sickness, disability, or a permanent injury resulting from the accident, you may also be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) or income protection claim.

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. Our Park & Public Place Injuries expert will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

Our Park & Public Place Injuries lawyer 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 Park & Public Place Injuries expert will also collect employment and income records so that complete before and after pictures can be painted.

3

Get Independent Medical Specialists' opinions

Once our Park & Public Place Injuries lawyer obtains 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, our Park & Public Place Injuries expert will formulate how the public area injury has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, our Park & Public Place Injuries lawyer 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 Park & Public Place Injuries lawyer 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 Park & Public Place Injuries expert 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 for public liability injury?

It all depends on the success of your Park & Public Place Injuries 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 lives.

As is the case in other situations, the right to claim damages for Park & Public Place Injuries 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. In compensation Park & Public Place Injuries claims, we need to carefully consider:

  • 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 public liability lawyer who specialises in Park & Public Place Injuries 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 Park & Public Place Injuries 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 most cases.

Types of injuries that can occur in Public Area Accidents?

Public Area Accidents may arise from poor design, poor construction or inadequate maintenance of public spaces or public assets.

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 expenses does Carter Capner Law cover for you under its Park & Public Place 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

    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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