Comprehensive Guide on Making a Public Liability Claim in Australia

February 27, 2024    Civillawyers
Comprehensive Guide on Making a Public Liability Claim in Australia

Injuries in public places, or in general, are unannounced. Suppose you have been recently injured in public or are curious as a precaution. In that case, you must wonder if you can make a public liability claim, especially if you think someone else is responsible for your injury.

For making a claim, you can ask for guidance from lawyers in Perth. With proper assistance, you can understand the requirements of making a legal claim and if you qualify for compensation.

Be it a road accident or as a crime victim, reach out to experienced lawyers today. Here is everything you need to know about how to make a public liability claim.

About Public Liability Claim?

In case of a personal injury, the victim can rightfully make a public liability claim. The claim can be made against schools, shops, resorts, or other public establishments. A public liability claim can also be issued for vehicular accidents.

They can come across as criminal injury claims, serious injury claims, how to file complain for medical negligence claims, or worker compensation claims. You can make a public liability claim in the case of:

  • Property damage because of someone else’s carelessness
  • Any physical injury caused during the accident
  • Accidental death
  • Loss of income due to an injury

How to Make a Public Liability Claim?

Anyone in distress can make a compensation claim because of someone else’s negligence. To make a claim, you must follow a set of guidelines.

1. Eligibility –

Find out if you are eligible to make a public liability claim. You are entitled to if you have been injured due to the actions or negligence of someone else, which has caused a prominent loss or injury.

2. Gather evidence –

Collecting proofs in the form of photographs, video, or bystanders as witnesses is better. Witnesses can provide great assistance to your claim. You may also be required to prove that you were injured in public.

3. Get assistance from a lawyer –

It is important to take the help of experienced personal injury lawyers Perth WA to make the process more productive and time-efficient.

4. Notice of Claim –

In Australia, giving the Notice of Claim form to the responsible person is the first step in issuing a claim. The form should be devoid of flaws to avoid any further complications.

5. Wait for response –

The receiver must respond to your claim within two weeks and state their opinion.

6. Notice of Claim Part 2 –

After receiving a response, part 2 of the Notice of Claim form must be sent within two months.

7. Liability Response –

Within six months of receiving the Notice, the receiver should send another notice to inform if the penalty is accepted.

8. Medical examinations –

A thorough medical examination will be set up for the victim to prove the claim’s validity.

9. Concluding meeting –

Both groups must sit for a “settlement conference” before deciding if court hearings are needed.

What is the time limit for filing a public liability claim?

According to Australian law, a claim must be issued within about three years of the inconvenience caused. But these deadlines differ from state to state. For more information, follow the guidelines of your state’s law.

Can a public liability claim get denied?

It is to be noted that your claim might get denied even after providing vital proof. If your claim is successfully issued, the court will send you a settlement that compensates for your medical bills, cost of damages, or lost income.

If it is denied, you can appeal a denial. To appeal, you need to collect a copy of the denial letter, which will also contain the reason for the denial. Then, you can submit a written appeal. If your written appeal is also denied, you can take it to the court.

Concluding Thoughts

Public injury, accidents, or property damages can be devastating. It can feel infuriating if another person causes the injury, deliberately or by accident. In cases like these, you can make a public liability claim.

However, most of these claims result in settlements. In other cases, some might be taken to court in case of complications. If you need clarification on the proceedings, take the assistance of a civil law solicitors in Perth and learn more about the public liability claim process.

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