Understanding Public Liability Claims And The Process

25 Jul 2022

Imagine you are in a public area and you suddenly become the victim of a terrible accident. You may be unsure about what needs to be done. Frisina Lawyers are Public Liability Compensation Lawyers in Sydney and we can help you in this situation.

Accidents can happen in a public area at any time and leave you in shock. Furthermore, there is often uncertainty about what to do next. However, there are several ways in which you can prepare yourself to deal with these situations and ease your stress.

Below are some details about what a public liability claim is and how it works.

Public Liability Claims:

A public liability claim is usually made against a negligent owner or occupier of the place where the injury occurred.

The claim may be made for an injury, whether physical or psychological.

Most owners or occupiers of premises have Public Liability Insurance. Therefore, ordinarily, when a public liability claim is made injuries sustained are covered by the Public Liability Insurer.

Some common public liability claims can arise under the following situations:

• Slip and fall accidents;
• Constructions site injuries;
• Injuries at school or in the playground;
• Assault-related injuries;
• Injuries in rental premises;
• Recreational and sporting injuries;
• Physical assault;

How to make a public liability claim:

Both the physical and psychological effects of an injury can be traumatic. Therefore before a public liability claim is made, the following steps should be taken at the time of the accident:

• You should seek medical attention as soon as possible. In an emergency call 000 for an ambulance if needed. After receiving medical attention, ensure to keep your medical records to assist with your claim;
• Take photographs of the accident scene, including photographs of any items or spill that caused the accident to occur;
• Report your injury to the owner, occupier, or management and ensure that a record of the incident is made;
• Obtain the name and contact details of any witnesses to the accident;
• Contact and instruct a personal injury lawyer specialized in the field who can advise you on your public liability claim.

Claim details:

To ensure the success of your case, the information discussed above plays a vital role.

The main aim behind obtaining the information is to assist in proving the following:

• The owner or occupier where the accident occurred has a duty of care;
• The owner or occupier had breached their duty of care to you;
• As a result of the breach of duty you have suffered an injury, loss, and damage.

A public liability claim must be commenced in court within three years of the date of the accident. A claim cannot be commenced after this date except with the leave of the court.

Damages that can be claimed may include:

• Pain and suffering;
• Past and future medical and related treatment expenses;
• Past and future loss of earnings;
• Gratuitous or paid care;

Wrapping up:

A public liability claim may be of great help in alleviating the financial stress and pressure you may be experiencing due to your accident. Frisina Lawyers are experienced injury compensation lawyers in Sydney and are here to help. Please contact us on 02 9602 4999.

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