Australian Legal Industry

How to File a Public Liability Claim

public liability

It can really happen to anybody.

You are going through your normal daily routine and something completely out of your control occurs and injures you. It can come out of nowhere and really affect your livelihood for an extended period of time.

So what action can you take to make sure that you are taken care of during this trying time?

We’ve already told you the ins and outs of the personal injury laws in Australia, but how do you know when to file public liability or workers compensation?

Come along as we teach you how to file a public liability claim.

Why Should You File a Public Liability Claim?

Basically the long and short of it is if you were harmed onsite at either a business or government facility and it was not your fault, you should think about filing a public liability claim.

If this incident that harmed you was not your fault, you should not be the one paying out of pocket for your medical bills.

In most cases, businesses and government agencies have insurance for these sort of cases and will step in to cover the costs after you file.

If they do not have this type of insurance, you can take the sole proprietor of the business to court and hold them personally liable.

That person will then have to pay for your medical bills personally if they are proven to be responsible for your injuries.

In a study conducted by Safe Work Australia, they estimated that “the costs of work-related injuries and illnesses for Australia were AU$57.5 billion (5.9% of GDP)(23) for 2005–2006 and AU$60.6 billion (4.8% GDP) for 2008–2009.”

This just goes to show that the Australian government is improving its stance on making sure that most businesses and agencies are held accountable for those who are injured on their premises.

Knowing that you should not hesitate to pursue a public liability case if this seems like it relates to your personal experiences.

So what are the types of public liability claims that you can file?

Filing a Small Value Claim

Small claim public liability claims are the most commonly sought after cases.

These claims generally pertain to events like poorly kept roads with potholes or a rogue piece of debris falling from nearby construction site causing you physical harm.

Because these events are random, and generally out of the control of both parties involved, businesses and government agencies are much more willing to cover your injury costs with their insurance rather than wrack up bills by taking these cases to court.

These cases are generally the outcome of smaller injuries or grievances and not debilitating ones.

But what happens when something more substantial happens to you as a result of something that happens on at one of these establishments?

Filing a Large Value Claim

These claims are much rarer when it comes to these sorts of cases.

You should consider filing a large value claim if you are harmed at a business and the injury that you sustain follows you for a prolonged amount of time and prevents you from working.

These businesses will be held accountable for all of the pay you have lost and are going to lose as a result of these damages.

They will also be held accountable for any medical bills you have had to pay in the past and any that may come up.

In the very worst case scenario, if you have lost someone who is considered the primary earner in your household, you can file a large claim liability case to have that business settle for the amount to restore your family’s level of comfortability.

In America, GM has recently had to settle one of the largest liability cases in recent memory due to some of their faulty switches in their cars.

According to Investopedia “The faulty switches have so far, according to GM, been linked to at least 13 deaths and 31 car accidents, but there are claims that many more deaths associated with the faulty switch have, indeed, occurred. GM has since recalled over 26 million of its autos for various reasons this year. It has also set up an uncapped $400 million fund designed to compensate for deaths and injuries caused by its vehicles.”

God forbid a situation of that magnitude should ever happen to you or the ones you love, it is good to know that the fight is worth it to get the compensation you deserve.

What Should You Know Before Meeting with Your Lawyer?

When filing either a small or large public liability claim, you should have as detailed an account of the event as you can possibly have before meeting with your lawyer.

Just remember that a lawyer is only as good as the information that they have on their side.

So try to remember the nitty gritty of the event and provide them with as much evidence as possible to put the defence in a less advantageous position.

Do you have photos of the incident?

Do you remember the date and time?

Do you have physical scars or evidence from the event?

All of this information will help in your public liability case.

What Should You Expect As An Outcome?

So you have met with a lawyer to file for your small or large public liability case.

The question is: What should you expect as an outcome?

Depending on how involved the claim is, getting your full compensation may be a gruelling process.

Depending on how big the business or agency is, they may force you to jump through some serious hoops in order to discourage you to settle for less.

Just stick with it and get the compensation that you rightfully deserve.

And There You Have It – Now You Know How To File a Public Liability Claim

With these helpful tips, you will be able to find the right representation through this horrible time in your life.

So if anything like this has happened to you at work, make sure you seek out someone to help you with your public liability claim.

It could make a world of difference!

If you have any more questions on how to file a public liability claim, feel free to send us a message through our contact page.

We are here to help!