Public Liability
Claims

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Common Questions

Do I have a Public Liability claim?

As a member of the public, you have the right to be safe. So, if you have been injured as the result of another person or organisation’s negligent behaviour, you may have a public liability claim.

This is what you need to prove:

  • You were owed a duty of care.

  • That duty of care was breached.

  • That this breach resulted in your injury or loss.

There are strict time limits on public liability claims, so it’s important to talk to a lawyer as soon as possible to find out if you’re eligible.

What types of accidents and injuries can I make a public liability claim for?

Here are some brief examples of the many claims we have won for our clients:

  • Accidents on public property (e.g. parks or pavements).
  • Accidents on private property (e.g. shopping centres, nightclubs or bars).
  • Accidents on rental premises (e.g. wobbly balconies, or walking surfaces).
  • Injuries caused by animals (e.g. dog or animal attacks, horse-riding accidents).
  • Physical assaults resulting in an injury.
  • Sexual assaults or sexual abuse (including childhood abuse in an institution).
  • Schoolyard injuries.
  • Recreational and sporting injuries (e.g. jet-ski and diving accidents).
  • Aviation injuries.
  • Boating injuries.
  • Amusement venue injuries.
  • Health and fitness injuries (e.g. massage, personal training).
  • Accidents on public transport (e.g. buses and trains).

This is not a complete list. If you’re injured, and you’re not sure your particular situation is covered, contact us for a free consultation and one of our public liability legal experts can tell you where you stand.

Note: If you were injured at work, then you your claim will be covered under Workers Compensation. If you were injured on the road, with a Motor Vehicle Accident claim.

What can I claim compensation for and how much will I get?

The law tries to put a monetary value on your losses. Here are some examples of what you can claim compensation for:

  • Pain and suffering (called general damages or non-economic loss).
  • Loss of enjoyment of life because of your injury (including psychological injury).
  • Past and future wage loss or loss of earnings.
  • Past and future loss of superannuation entitlements.
  • Past and future expenses (such as medical expenses, your travel and home and vehicle modifications).
  • Care and help provided by friends, members of your family or commercial care costs.
  • Loss of capacity to care for someone who depends on you.

If you think you might have a public liability claim, contact our lawyers for a free consultation, and they’ll be able to tell you what your entitlements are and how much you might be able to claim.

Are there time limits?

Yes. The law is that you need to start court proceedings within three (3) years from the time that you became aware of the seriousness of the injury. It makes sense to get legal advice as soon as possible, so you don’t miss out.

What should I do if I am injured because someone was negligent?

The better your accident is reported and documented, the easier it is to prove your case. To help you with this, we put together a checklist of things to do:

  • Get medical attention right away, even if your injuries seem minor.

  • Notify the establishment/organisation where you were injured about the accident as soon as possible.

  • Take photos of the accident location (both before and after any repairs if you can).

  • Take photos of your injury.

  • Keep copies of medical records, x-rays and scans and any correspondence between yourself and the other party.

  • Most importantly, get legal advice sooner rather than later.

How long will it take?

Once we have the evidence to support your claim, you might get your compensation in as little as 6 months. Most cases take a little longer (between 1 to 1.5 years), especially if you have to wait until your injuries stabilise.

Will I need to go to court?

Probably not. Less than 5% of our public liability claims go to court, the rest settle out of court. The courts these days encourage matters to be resolved at settlement conferences or mediations, which means less fees and stress for you.

What will it cost me?

With our “No Win No Fee” guarantee, it costs you nothing to start your claim, and you only pay us when we win your case. If we don’t win, you don’t have to pay us a thing.

Unlike most other law firms:

  • There is no up-front charge for any expenses.
  • You don’t pay anything if we’re not successful.
  • You get a clear estimate of our legal fees before we begin the work.
  • Sometimes we can organise a loan to tide you over until you get your money.

What other claims could I have?

You might not be aware, but your superannuation fund has many benefits that kick in if you can’t work due to injury or illness. These are called “Total and Permanent Disability” benefits, or TPD. The name is misleading as you don’t have to be totally disabled - you are eligible if you can’t do your regular job because of your injury.

You might also have a claim under your personal or life insurance.
Payments under these policies will usually come to you as a lump sum and are on top of your public liability claim.

Find out more about Superannuation, TPD and Insurance Claims, or contact us and one of our team will talk you through all the claims you are eligible for.

Why should I trust you with my public liability claim?

As winners of “Personal Injury Law Firm of the Year” (2018 ACQ5 Global Awards), you can trust you have one of the best public liability firms in Australia working for you.

  • With over two decades in the industry, we know how to fast track your claim, so you get your compensation as soon as possible.
  • Our reputation for being tough, experienced and well-prepared means that the insurance companies are more likely to pay you maximum entitlements.
  • Just about all our public liability team have worked for insurance companies, so they’re prepared for the tactics insurers might use to reject your claim.
  • You will have your own lawyer the whole way, guiding and supporting you through the process, so you can step back and concentrate on getting well.

We’ve got what it takes to get you back on track. But don’t just take our word for it, check out our google reviews or watch what some of our clients say about us.

What should I expect?

  1. You get in contact

    During your free consultation, you tell us what happened, and we advise you if you have a claim.
  2. We gather evidence

    We aim to build a strong case for you, which includes surveillance footage, witness statements, expert medical reports, documents from accountants etc.
  3. You might attend an independent medical examination

    This is so we can work out the amount of compensation you can claim for your pain and suffering, loss of wages or earnings, as well as your personal care needs and requirements. Again, we organise everything, including an interpreter if you need.
  4. Your Settlement Conference

    Most likely, your matter will settle out of court. This is where decades of specialised experience come into play. With all the evidence we’ve gathered, we negotiate the maximum settlement we can for you.
  5. Court

    In the rare instance (less than 5%) your case needs to go to court, we guide you through the entire process. We have the skills and the financial muscle to go head to head with the insurers, so you will get the maximum compensation you deserve.

10 Reasons To Choose Us

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. This means that if your claim is unsuccessful, you don’t have to reimburse us for any of the legal fees and expenses associated with your case.

Free advice from a solicitor

You can get free advice from one of our expert lawyers both on the phone and or in person. How does it work? You simply call us at 1300 769 665 and you will be transferred to one of our lawyers who will provide you with clear and comprehensive advice free of charge. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

98% cases won

We win the overwhelming majority of our cases. Obviously, this doesn’t happen by chance – only hard, diligent work gets results. What does it mean for you? It means that nothing is left to chance and no stone is left unturned in getting you the successful result you deserve.

Award winning law firm

At MCL we take pride in our work and work tirelessly to be the best in the industry. We have been voted Personal Injury Law Firm of the Year 2018 (ACQ5 Global Awards) and Most Outstanding Australian Compensation Law Firm (AI 2019 Excellence Awards).

4.8 Star rating on Google

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, Monaco has the highest Google rating within the industry.

Leaders in our field

For over 20 years MCL has been a leader in the field of compensation law. With 43 offices nationwide, we can deliver our services to you wherever you are. No matter how big or small your claim, we have the expertise to handle it successfully.

We are specialists in compensation

At Monaco, our lawyers are some of the best trained and qualified in the industry. We have a team dealing exclusively with Public Liability claims, headed up by an Accredited Specialist. So no matter how complex your claim, we have the expertise to handle it successfully.

Maximum compensation

Don’t let insurance companies pay less than your claim is worth. You deserve substantial compensation for your suffering and it is our responsibility to get it for you. We have the training and expertise to ensure that nothing will be left to chance when preparing your claim. The result – maximum compensation recovered in every case.

We are in for the long haul

Compensation claims can be expensive to run. We have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. If we take your case, we’ll run it on a No Win No Fee basis, so you have nothing to lose.

Home and hospital visits

We have dealt with injured people over many years and understand that sometimes travelling to see a lawyer can be difficult. This is why we offer our free home and/or hospital visit service. All you need to do is ask!

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