Public Liability & Personal Injury

Swanwick Murray Roche – Rockhampton & CQ Public Liability Compensation Lawyers & Solicitors

What is a public liability claim?

If someone else was responsible for your injury, you may be entitled to compensation. 

Public liability claims is, basically, a claim for compensation for an injury you have suffered that has happened because another party has breached their duty of care.

What are some examples of public liability claims?

Common examples of events leading to public liability claim injuries include:

• Slips and trips on public or private property
• Unsafe premises (such as balconies, stairs or walking surfaces)
• Injuries in rental premises (e.g. landlord/tenant);
• Injuries in private buildings (e.g. shopping centres);
• Injuries caused by animals (e.g. dog attacks, horse riding accidents);
• Schoolyard injuries;
• Amusement ride injuries;
• Recreational sporting injuries (e.g. jet skiing and diving accidents);
• Aviation and boating injuries;
• Work related accident’s that occur as a result of the occupier’s negligence;
• Physical assaults;
• Dog or animal attacks;
• Defective products or services;
• Health and fitness injuries (such as massage or personal training)

What we do

Public liability insurance law compensation is a key service that we provide to corporate and private clients.

We provide compensation law services to corporate clients and individuals in all compensation areas including the following:

• asbestos disease compensation claims
• road accident injury compensation claims
• work related injury compensation claims
• occupational diseases compensation claims
• total and permanent disability or death superannuation & insurance claims

Swanwick Murray Roche is a Queensland compensation and injury law firm.

Act quickly – there are time limits on claims

If you’ve been involved in an accident, it is important to seek legal advice as soon as possible as there are strict time limits that, if not complied with, may mean that you are no longer entitled to a claim.

No win, no fee

We offer no win, no fee compensation claim work. This means that if we take your case on and it isn’t successful then you won’t have to pay our legal fees. Speak to us more about how we can arrange a no win, no fee policy.

We will meet you anywhere

If you are involved in an accident or are injured, there will be so many overwhelming things for you to think about. Let us make it easier – we will come to you, anywhere in Australia by agreement, to make things easier for you.

Frequently asked questions

How do I make a successful public liability claim?

To make a successful claim you must be able to prove three things. Firstly that the person or company at fault owed you a duty of care, meaning they had an obligation to take measures to prevent harm, that they breached this duty of care and as a result you have suffered a loss.

Who pays the public liability compensation in Queensland?

In most cases an insurance company will cover the amount of compensation payable to you.

What can I claim when it comes to making public liability claims?

Each claim is different however, in general, you would be able to make a claim for past and future medical expenses, past and future loss of earnings, pain and suffering and loss of enjoyment of life and any care provided by friends or family.

What are the time limits when making a public liability claim in Queensland

There are strict time limits for making such a claim in Queensland. There is a requirement to make your claim within three years from the date you were injured. However, there is a requirement to proceed through the pre-court procedures prior to this time and accordingly, steps should be taken to secure your position as soon as possible.

What should I do if I have been injured in a public place?

To make a successful claim, you should do the following:-

1. Report your injury to the occupier immediately;
2. Visit a qualified medical practitioner as soon as possible;
3. Provide them with a full description of what occurred to you and the injuries you have suffered as a result. You will need medical evidence to show that your injury is related to the event;
4. Lodge a claim with the occupier.

What type of  injuries can I claim for?

You can claim Public Liability Insurance  for injury or illness sustained through a public place accident. Some common injuries include:

• Spinal injuries;
• Fractures;
• Falls;
• Crush injuries;
• Psychological injuries
• Brain injuries;
• Shoulder Injuries;
• Neck Injuries;
• Back Injuries.

How much will it cost to make a claim?

The amount of work your case takes will determine its cost. If your claim is successful your legal fees will come out of your compensation. However you will always be awarded the majority of the damages.

How long will the Public Liability claim take?

How long the claim takes depends on a few things. For example, how complex your particular situation is. Once a Lawyer has an understanding they will be able to give a better idea of the timeframes involved in the matter.

Do I have to prove the injury happened?

Yes. It is up to you to prove the incident happened. There are different ways that you can prove the incident occurred and we will be able to help you go through these different options with you.  It is very important that the event is reported as soon as possible.

Can I claim income protection through my superannuation?

Yes you can. If you have taken out income protection as part of your superannuation policy. Also if you are forced out of your trade or job due to your injury you may be entitled to a superannuation lump sum.

Resources

Check out some of our recent legal updates and compensation resources that you might find useful on this Compensation Resources link. Please remember that these updates and resources are general guidance only. If you need legal advice, you should contact us to discuss your matter as your personal circumstances may not suit the circumstances described in the updates and resources.

Contact

To talk about your matter – reach out to us via any means to start a conversation. All of our contact information is listed here on our Contact Page.