Public Liability
Claims

The law imposes a duty on certain individuals and service providers to ensure the well being of their patrons. If they fail in this duty, they may be held liable for the injury and loss, which arises from their negligence. The law allows you to make a claim against a service provider or individual if you establish that:

• The person or company owed a duty of care to you;
• That the person or company breached their duty of care. For example, a supermarket must ensure the health and safety of its customers. If a customer slips and falls due to a spill on the floor, this may be a breach of the supermarkets duty of care; and
• That any injuries or disabilities you have suffered result from the breach of duty of care by the person or company.

Public liability covers a large number of situations, including, but not limited to:

• Injuries in parks or other public places (e.g. slips, trips and falls);
• Injuries in rental premises (e.g. landlord/tenant);
• Injuries in private buildings (e.g. shopping centres, night clubs or bars);
• Injuries caused by animals (e.g. dog attacks, horse-riding accidents);
• Back injuries as a result of a fall in public;
• Schoolyard injuries;
• Amusement venue injuries;
• Recreational and sporting injuries (e.g. jet-ski and diving accidents);
• Aviation and boating injuries; and
• Physical assaults.

Public liability is much more than a simple mistake or omission. The law is complex and claims require thorough preparation by an experienced lawyer. It is, therefore, crucial to obtain legal advice sooner rather than later. Call us on 1300 769 665 for a free consultation with one of our lawyers

Over the years, we have had the privilege to represent thousands of our clients who were injured as a result of someone's negligence. Sometimes they come to us after months and even years have passed following the injury. When the accident is not properly reported or documented, it can lead to problems with proving the case. As a result, we have put together a checklist of things that the person should do in this situation:

• Getting medical attention right away, even if your injuries appear to be minor;
• Informing the establishment as soon as possible about the accident;
• Take photographs of the accident location (both before and after any repairs);
• Take photographs of your injury;
• Keep copies of medical records, x-rays and scans and any correspondence between yourself and the other party;
• Obtaining legal advice sooner rather than later; and
• You will need to commence court proceedings within 3 years from the time when you became aware of the seriousness of the injury and the fact that this injury may have been caused by the negligence of the other party.

Call us on 1300 769 665 for a free consultation with one of our lawyers.

Following the initial conference, our lawyers will:

• Evaluate your claim;
• Gather necessary evidence, such as names, surveillance footage; details of the other party involved;
• Contact the party at fault if and when required;
• Obtain all the necessary expert medical evidence;
• Obtain additional evidence, which may be relevant to your claim, including documents from accountants, actuaries, occupational therapists, liability experts and the like;
• Commence court proceedings where appropriate and navigate your claim through the court system;
• Ensure that you receive thorough and comprehensive advice at every stage of your claim, including informal settlement conferences, mediations and court hearings; and
• Ensure you obtain the maximum compensation you deserve to ease your pain and suffering.

At MCL, our lawyers are more than happy to provide you with free initial advice over the phone. In fact, you will be able to speak to one of our specialists the very first time you call our office. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.

After your free initial phone consultation with one of our lawyers, we can arrange an appointment with you at any of our offices.

In some cases, we understand that it may be difficult for you to travel. In this situation, we can always arrange a home or hospital visit.

In New South Wales, the relevant law with respect to public liability claims is called the Civil Liability Act 2002 (NSW). The law is quite complicated, however, some of its more important features are as follows:

• It defines the types of compensation you can claim under the law;
• It defines the nature and extent of duty of care that applies in particular circumstances;
• It creates defences to potential claims in certain circumstances, such as recreational activities or claims made against government instrumentalities;
• It establishes time limits for bringing a claim against person or company; and
• It limits the recovery of compensation and legal costs in certain situations.

Once medical evidence is obtained in support of the claim, we usually recommend that legal proceedings be commenced. The Courts ‘Case Manage’ proceedings to ensure they move through the system in an orderly manner. In our experience, a case commenced in Court will be completed approximately 1.5 to 2 years later.

The courts now require that the parties attempt to resolve their dispute at a compulsory mediation or settlement conference before listing the matter for hearing. The majority of claims (90-95%) are finalised in this way prior to the court hearing.

No matter what your case is, we have the resources and dedication to ensure that you get the best possible result. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.

The law allows you to recover compensation with respect to the following:

• Pain and suffering (non-economic loss); and
• Past and future wage loss or loss of earnings;
• Past and future loss of superannuation entitlements where appropriate;
• Past and future expenses (such as medical, travel and home and vehicle modifications);
• Care and help provided by friends, family or commercial care costs.

The aim of the law is to put a monetary value on the losses suffered by an injured person. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your entitlements and potential value of your claim.

Injury and trauma can often leave both physical and psychological scars. It can also lead to financial hardship. Add to this the pressures and uncertainty of litigation, and it can all be overwhelming for you and your family.

It is for these reasons:

• We offer No Win No Fee Guarantee;
• We offer free advice at your initial consultation;
• We do not charge for any expenses and will cover all expenses including medical reports and court filing fees, unless we successfully resolve your case;
• Unlike other firms, you do not have to pay us back the money we have spent on your case if you do not win;
• We provide you with a simple and easy to understand contract before we begin the work; and
• We provide a clear estimate of our legal fees before we begin the work.

Many superannuation insurance policies provide cover if you are totally and permanently disabled.

Payments under these policies will usually be in the form of a lump sum and are provided on top of any other claims, such as a claim for compensation.

In addition, you may be able to make a claim under a personal insurance policy. For example, you may be able to claim compensation if you have life insurance, income protection insurance, or sickness and accident insurance.

At MCL, we have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They have the skills and experience to determine whether you are covered under these policies.

If you'd like to find out more about making a superannuation or TPD claim , then please call us on 1300 769 665.

MCL is one of Australia’s premier compensation law firms.

Our lawyers have extensive experience in handling these kinds of claim. This means that your case will be assessed, valued and prepared expertly and efficiently.

We also know how to navigate your case through the court system in order to get the best possible result for you as quickly as possible.

Our lawyers have the expertise and experience to take on the large insurance companies that usually represent the medical service providers in these claims. Just as importantly, we have the financial muscle to go the distance against the limitless resources of these large insurers.

Our reputation for being tough, experienced and well-prepared means that the insurance companies respect us and are more likely to offer you fair and reasonable compensation for your injury or loss.

We provide a ‘No Win No Fee’ guarantee to all our clients. This means that you only pay us for our work after the successful conclusion of your claim.

Finally, if you entrust your matter to us, you will have your own lawyer, who will always be available to answer your questions and support you through the claims process.

Would you like a free initial consultation with a lawyer who is an expert in medical negligence claims? If so, call us now on 1300 769 665.