Has the following ever happened to you?
- Were you injured in an animal attack such as by a dog, horse or at the zoo?
- Did you visit a business and were injured on their premises?
- Were you at a shopping centre and slipped on a wet surface or from debris on the floor that was not cleaned up?
- Were you traveling on a footpath or road that was defective and in need of repair work, which caused an accident?
- Did your children get injured in school because of the teachers failing to supervise the children, or as a result from bullying or harassment? Was the injury caused by another adult who may have committed sexual abuse or harassment against your child?
- Were you participating or spectating a sport and an injury occurred on the playing field or on the stands?
- Were you visiting a public facility such as a playground and an accident occurred due to a defect or lack of maintenance?
If you answered yes to any of these scenarios, then you may have a claim for compensation for your accident and injury in a public place.
In all of these situations, the owner of the property has a legal duty to make sure that their visitors and clients are reasonably safe from any safety risks and hazards. They are expected to do everything reasonable to mitigate these risks.
Failing to do so may open them to civil liability if their negligence causes an accident and you suffer an injury as a result of that accident.
As a result, you may be able to claim damages and compensation such as:
- Pain and suffering
- Past and future medical expenses
- Paid or gratuitous services such as housekeeping, attendant care or caregiving.
- Wage losses
- Traveling Expenses
What do I do if I have been injured in a public place?
Please remember the following if you are ever injured in an accident that occurs in a public area such as a school or a business:
- Report the incident to management immediately and request a copy of the incident report.
- Get the names, addresses and contact information of any witnesses who have seen the accident.
- Visit a doctor or health professional as soon as possible to get treatment for your injuries and to explain how the accident happened.
- Take any photos of the accident area and note the date that these photos were taken
How long will my claim take?
You generally have 3 years from the day of the accident to make a claim for damages.
How long the claim will take before you will get a settlement or win in court depends on the length of time it takes for you to recover from your injuries. You usually must wait until your injuries have peaked and you are on the road to recovery before a quantifiable amount for compensation can be determined.
This is determined based on the professional opinions of your doctors and other medical professionals.
The insurance company is trying to contact me. Should I speak with them?
You may speak with them and provide basic information such as an explanation of how the accident happened. BUT UNDER NO CIRCUMSTANCES should you sign anything they give you or agree to write a statement or attend an interview without first speaking to a personal injury lawyer.
Do NOT accept any offer of settlement without first speaking to a lawyer. These initial offers are usually low-ball offers that do not represent the true amount of compensation that you may be entitled to.
When should I seek legal advice?
After you are first injured, you should seek the advice of a personal injury lawyer soon after you have visited your medical professional and have an understanding of your injuries.
It is important to seek legal advice as soon as possible after the injury occurs because there may be components that are time sensitive such as evidence (skid marks from an accident, the accident scene being cleaned up in a supermarket, etc.)
East Coast Injury Lawyers Can Help
The legal process is often adversarial in nature and your claim will often be undermined and attacked by the other party’s defence lawyers. Insurance companies have a significant amount of funding and can hire a legal team. It is important that you protect your legal rights by choosing a personal injury lawyer who can strengthen your claim for compensation.
East Coast Injury Lawyers is led by accredited specialists in personal injury. We also differ from many regular lawyers in Brisbane and the Gold Coast because our accredited specialists are experienced in both plaintiff law and insurance defence. This means that you will get a comprehensive legal approach to your claim that can better determine the strengths and weaknesses of your compensation claim. The result is a smoother legal process that can lead to quicker settlement or success if your claim goes to trial.
To take advantage of our expertise with no risk on your part, contact us today by filling in our case review form or calling us at 1300 720 544. We will schedule a free, no obligation and free initial consultation with you so that you can tell us your story and we can advise you on whether or not it is appropriate to pursue a claim.
Time limits apply so act today! Do not underestimate the complexity of the legal process!