Public Liability Lawyers in Cairns

Every compensation claim is different, but the process for calculating compensation for a person injured in a public place remains the same.

The approach calls for a consideration of the following categories for which compensation is payable:

1. Pain and suffering
2. The injured person’s loss of wages and super that has arisen because of their injuries;
3. Any potential loss of wages and or super in the future;
4. The costs of medical treatment (both past and future) that are required to treat the injury;
5. Care and assistance provided by family members and friends (only in limited cases)
6. Legal costs associated with bringing the claim (in most cases)

To claim compensation for a public place injury, you must lodge a Notice of Claim with the owner. In most cases, this also includes their public liability insurer.

The Notice of Claim must be in the approved form. Accurately filling out the Notice of Claim and injury claim details is essential. This includes providing information about negligence right from the start.

Failure to complete a Notice of Claim correctly and/or provide adequate detail and technical information can negatively impact your compensation claim.

The Respondent (generally their public liability insurer’s Lawyer) must provide you with a response within six months of receipt of the correctly completed Notice of Claim advising:

• Whether they accept liability for your injury
• Whether they deny liability for your injury
• Whether they accept partial liability for your injury.

Once you hear back from the public liability insurer, you may have to undergo an independent medical exam. One of our panel doctors will conduct the examination to obtain a medico-legal report. This details the nature, extent, and the impact your injuries have on your day-to-day work and home life.

This report is then provided to the Respondent’s insurer and/or their Lawyer through a process known as disclosure. The report is sent along with all other information relevant to your claim. This includes financial information, personal information, statements from family, friends, colleagues, and loved ones, and any other relevant details.

After both sides share information and get medical reports, the compensation claim moves to a compulsory conference.

During the compulsory conference, you or your legal representatives will present your case to the other party’s representatives. The compulsory conference aims to settle your compensation claim without going to court. If you reach an agreement for your claim, you sign a Deed of Settlement and usually receive compensation within 30 days.

In circumstances where it is not possible to negotiate a settlement of your claim at the compulsory conference, formal legal proceedings are commenced. Your public liability case then progresses to a mediation.

A mediation is another meeting like a compulsory conference. However, in mediation, both parties engage a senior Barrister (often a Queen’s Counsel). The Barrister acts as an independent mediator who seeks to broker a settlement agreement between the parties.

In the very unlikely event that a claim is not settled at mediation, it will proceed to be determined by a Judge in the appropriate court. The judge will determine:

• Whether compensation is payable; and
• How much compensation is payable.

Under Queensland Law, strict time limits are associated with claiming compensation for public place injury. To complicate matters, there are different timeframes for sending the Notice of a Claim and beginning formal legal proceedings.

A Notice of Claim must be delivered to the public place owner within 1 month of consulting a public accident lawyer for a compensation claim. In most cases, legal proceedings must start within 3 years of the accident that resulted in an injury. Failure to meet these time frames will, in almost every case, result in you permanently losing the right to seek compensation.

Public liability claims typically require all parties involved to attend a compulsory conference. This meeting usually occurs within 9 to 18 months after hiring a lawyer. It may take longer to reach this stage, especially when many people are involved, or serious injuries have occurred. Payment is usually received within 30 days if a settlement is agreed upon at the compulsory conference.

If you are unable to reach a settlement at the compulsory conference, mediation or a determination by a judge can take up to 6 months or more.

In almost every case, the Respondent will have a public liability insurer. If you have suffered an injury at a public space that is owned or controlled by the Respondent, their insurer will indemnify them for any compensation that is payable.

The cost of claiming for public space compensation varies. This depends upon how much work needs to be done with respect to your claim. Another variable is how long it takes to prepare your claim to be presented to the Respondent’s representatives.

All our work for public place injury compensation is undertaken on a no win no fee basis. This means that you don’t pay anything for your representation unless we succeed in obtaining compensation. You only pay for costs like medical reports and payments to others if your claim is successful.

We can generally provide you with an estimate of the costs that will be payable on a stage-by-stage basis. We will provide this information after receiving a formal response from the Respondent’s representatives. We need to know if they agree to accept responsibility.

We give clients precise cost estimates before any settlement event, like a compulsory conference or mediation. This helps them know their expenses accurately.

Public places include (but are not limited to):

• shopping centres
• hotels
• ferries
• entertainment venues such as theme parks or zoos
• beaches
• public pools
• someone’s house other than your own
• buildings
• parks
• government buildings
• national parks; and
• anyone else’s property.