Compensation & Insurance: Public Place Claims - Guides
Public Place Claims
9. Compensation
Firm / Chambers:
Last updated: 25 Aug 2015
- Once you have obtained all the evidence about the circumstances of the accident and can prove negligence or fault on the part of the respondent you must then provide information and evidence about your injuries and the amount of compensation you are seeking. This evidence must prove the extent and type of damage and loss you have suffered from the injury.
- You will need to assist your lawyer in gathering information about your injuries and everything necessary to calculate the amount of your compensation. You may be able to claim for past and future suffering. The aspects of your injury that you may be able to claim a monetary amount for are:
- 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 must be able to justify each of these claims including the specific amount you are claiming. The information you need to obtain includes:
- specifics about your pain and suffering such as how the injuries affect your day to day life at home and how your injuries affected you and your family or your relationship with your spouse and children;
- whether you have been left with any disabilities that affect the enjoyment of your life or hobbies;
- information about your out of pocket expenses due to your injury such as physiotherapy and massage costs, GP visits, specialist consultations and treatment;
- travel to and from the doctor, physiotherapist and other health treatment providers;
- receipts for purchasing pain relief and anti-inflammatory medications or other items that have helped you to manage your injury;
- information about your wages, salary, earnings or income at the time of the accident;
- proof of lost wages or earnings since the accident;
- details of any promotion or higher salary that has been lost as a result of your injury;
- details of any care provided to you by loved ones or external providers such as a home nurse visit and the cost of these visits; and
- information about the cost of yard or lawn maintenance which has been required since the accident if you used to do it yourself but can no longer do so.
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