On Public or Private Property

Although there are no pre-litigation notice requirements (as required in other States), it is essential to understand the procedures involved in a public liability insurance and workers compensation common law claim. Generally, the law requires you to commence court proceedings within 3 years of your accident. 

A plaintiff, that is the person making the claim, may seek compensation for various damages in a public liability accident. This can include a product liability claim. Damages may include: - non-economic loss or damages including pain and suffering; - past and future medical expenses (if applicable); - past and future economic loss or wage loss (if applicable); - loss of superannuation benefits commensurate with past economic loss and future economic loss (if applicable); - the value of gratuitous or cost of commercial assistance or care provided for the past and for the future (if applicable); - home and/or motor vehicle modifications necessitated by the injuries (if applicable); - an allowance for legal costs.

There are a number of factors that can affect how long a public liability claim process may take. This would include the severity of the plaintiff’s injures, how long it may take for their injuries to stabilise to enable a proper assessment to be made, whether further treatment is required in the future by way of surgery, or there may be the possibility of long term complications which need to be factored into account. Generally speaking, public liability claims should be completed within 2 years after an accident in circumstances where the plaintiff consults a solicitor as early as practical, and there are no considerable delays experienced as a result of any treatment or other complicating factors.

No, you do not need to personally recover supporting evidence yourself alone. In relation to your claim, the expert team at Brydens Lawyers will assist in the recovery of all necessary evidentiary material such as medical reports, tax returns, witness statements, police reports and any other paperwork substantiating your claim. All this evidentiary material will be relied upon to ensure that you receive the maximum compensation to which you are entitled. You may be asked from time to time to assist by recovering and providing copies of medical reports from your treating doctors, or taxation returns or other documents that may be in your possession. However, for the most part, any external documents that are required and not in your possession, will be recovered by Brydens Lawyers on your behalf.

You are not required to pay any up-front costs in connection with your public liability claim. At the successful completion of the proceedings, the unsuccessful defendant will be required to pay a significant contribution towards your legal costs. The differential as between the costs payable by the unsuccessful defendant and the actual costs and expenses incurred will be simply adjusted from any judgment or settlement sum.