Public Liability

You should report your accident as soon as possible after your accident. You should report your accident to the owner or manager of the premises, cleaners or security, centre management, your employer if your accident occured in the course of your employment or to the relevant council managing the premises. You should request confirmation of your report including a copy of the incident report.

If possible, you should take photographs of the accident site if the defect or cause of your accident is visible. For example, a spill on the floor at a supermarket, leaking ceiling at a shopping centre, raised matting at a fruit shop or wet floors with no visible warning signs.

If there have been any witnesses to your accident it is important to obtain their contact details including name, contact number and address or email address. Witness evidence is very helpful when making public liability claims.

It is also important to ensure you receive medical treatment as soon as possible after your accident. Remember to keep your medical receipts to claim reimbursement of your medical expenses in your public liability claim.

Contact Law Works at your earliest convenience so that we provide you with guidance and support through the early stages of your injuries, treatment and claim.

In a successful public liability claim, you are entitled to a claim for non-economic loss damages (commonly referred to as pain and suffering), economic loss damages for your loss of past and future income and superannuation, past treatment expenses incurred and future proposed treatment expenses such as surgery, damages for past and future domestic assistance and an allowance for your legal costs.

Our initial investigations to advise whether your claim enjoys reasonable prospects of success may occur instantly if we have the relevant evidence or within 2 to 4 months from the time of our first consultation after we have obtained the relevant initial information and evidence. The time required for the actual making of your public liability claim will depend on various factors including the nature of your injuries and treatment you are having as well as the attitude and response of the at fault third party or its insurer.

It is common for most public liability claims to resolve within 12 to 24 months from the date of your accident in circumstances where you seek legal advice early. If the case goes to Court then this will add an additional 6 to 9 months to the estimated time frame.

Law Works will provide detailed advice from the time of your first consult and we will provide regular updates as to your claim generally and the expected time till completion.

Law Works have a no win-no fee guarantee which means that you do not have to our legal fees unless you win your public liability claim. We will not ask you to pay any up front costs in relation to your claim. At the finalisation of your claim and if your claim is successful, the defendant will make a contribution towards your legal costs and the balance is payable from any settlement or judgment amount. Contact Law Works today for tailored legal advice on your claim and recovery of legal costs.

On our experience, insures and defendants are likely to make significantly lower offers of settlement as opposed to when your claim is settled with the assistance of a lawyer, such as one of our Principals at Law Works.

For example, insurers are likely to make modest offers to cover the initial treatment expenses but make no allowance for additional damages including future treatment expenses, economic losses or non-economic loss (pain and suffering). An insurer will also request that a Deed be signed to prohibit you from making any future claim.

We are compensation law and personal injury law specialists. We have an Accredited Specialist in Personal Injury Law. We have long experience in dealing with defendants, insurers and their lawyers and obtaining a fair and reasonable settlement for your injuries sustained.

Law Works will be able to obtain the necessary expert and medical evidence required to fully claim the maximum amount of damages under each head of damage.

You should never accept an insurer’s offer without obtaining legal advice first. Contact Law Works for an obligation free first consult.