To be successful in a claim for negligence, it must be proven that the a person or organisation owed a duty of care to the injured person, that the duty of care was breached, that the breach caused the injury or death, and the breach resulted in economic or non-economic loss. In some cases, an automatic duty of care is owed, in other cases it will need to be assessed on the facts.
The main purpose of compensation is to put you back in the position you would have been had the breach in duty of care never happened. Compensation may be ordered for matters of economic loss, non-economic loss, and future economic loss.
An injury may result in significant medical costs, taking time off work resulting in loss of income, costs for attendant care, any other pain and suffering, and loss of enjoyment of life. As such, compensation may be ordered to put you back into the financial position you held prior to the negligence, and to cover future costs likely to be incurred.
Seek legal advice as soon as possible if you wish to make a public liability claim. Certain information will be required from you such as medical reports, letters from you doctor, and hospital records to proceed with the claim. It may also be necessary for you to attend an independent medical examination to substantiate your claim.
Based on the information you provide, we will engage in settlement negotiations to achieve a fair outcome for you. If the matter is unable to be settled in the preliminary stages, then it may be directed to Court.
It is important to be aware that public liability claims may take a long time to be resolved. This is because it is often necessary to wait until an injury or illness has stabilised so the matter may be settled properly and fairly.