Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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How will I know whether I should make a claim or not?
- When considering whether to make a claim you should look at how the accident occurred. Ask yourself whether there is someone obviously at fault for what happened and whether you suffered some damage or loss resulting from the accident.
- You may also want to consider whether your injuries are severe or lasting and what the impact of the injury has been on your life.
- Usually if you have sustained an injury that is serious enough that it lasts for several weeks or even months then you should consider making a claim.
- It will also depend on whether you can prove that another person was at fault or negligent.
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How do you prove negligence?
- Proving negligence can be fairly straight forward or it can be difficult. It depends on the circumstances of your accident and what evidence you can obtain to support your argument that the other party was negligent.
- You may be able to prove negligence if you can show that:
- the injury you sustained was reasonably foreseeable or likely in the circumstances; and
- the injury was caused by another person or company’s carelessness, failure to take reasonable care or failure to act.
- An example of obvious negligence would be if you had been walking in a shopping centre and fell into a construction hole in the floor that was left open and unguarded in the middle of a popular and busy shopping centre. In those circumstances it would be fairly straightforward to prove that the owner or occupier of the shopping centre failed to take reasonable care for the safety of patrons visiting the shopping centre.
- Sometimes it is worth seeking a professional or expert opinion to support your argument that the other party was negligent and the accident could have been prevented had they taken certain precautions or reasonable care.
- Our LegalPlan™ membership will allow you to ask lawyers for a Fixed Fee Quote on your matter.
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How long will my claim take to be finalised?
- It can take as little as six months in the case of minor injuries or several years for a complex case. It really depends on:
- the nature and extent of your injuries;
- how quickly they stabilise;
- whether you have evidence to prove negligence for the circumstances of your accident; and
- whether you can justify the compensation you are seeking.
- Public place claims may take between 9 months and 3 years to be resolved. Although the law in many states and territories supports a speedy resolution of claims out of court and insurance companies will generally push for claims to be settled and ‘off their books’ in practice it can take a while for serious injuries to stabilise and for all the evidence to be gathered.
- If there are multiple parties to the claim the process can take longer as each party will need to conduct its own investigations.
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How much compensation will I receive?
- This depends on the nature and extent of your injury. Generally more severe injuries attract a larger amount of compensation.
- Every claim will be different and each claim needs to be judged on a case by case basis.
- The larger heads of damages are usually regulated by legislation and you will need to be guided by the law applicable to your state or territory.
- General damages for pain and suffering can attract a considerable award of damages however past and future economic loss is usually the largest and most contested head of damage. A lawyer can provide a more accurate estimate of damages you are likely to receive and a calculation of the damages or compensation that you can reasonably claim.
- It is important to note that even though you may claim a large amount of compensation initially you may not ultimately receive this full amount when your claim is finalised. There is usually a negotiation process where neither side gets exactly what they were hoping for at the start of the claim.
- You can use our Phone a Lawyer service to get a preliminary consultation about your situation.
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What kind of damage and loss can I claim for?
- You can claim for more than the costs of your medical treatment. Insofar as possible compensation for injuries sustained in a public place aims to put you in the position you would have been in had the accident not occurred.
- You can claim for:
- pain and suffering;
- rehabilitation costs such as physiotherapy;
- care and assistance costs provided by loved ones or external providers related to your medical or other special needs following your injury;
- costs of commercial care such as lawn or garden maintenance;
- medical and other expenses associated with your injuries; and
- loss of wages or earnings.
- You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.
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What is a public place?
- A public place is defined by legislation in each state and territory.
- In general a public place is considered to be a place or part of premises that is open to the public or used by the public. Usually it is irrelevant whether you have to pay a fee to enter the place or not. If it is accessible to the public then it is considered public.
- You need to check the relevant legislation in your state or territory as this definition may be slightly different in your jurisdiction.
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