Public Liability Compensation

Public liability compensation claims cover a wide range of personal injuries that occur in public or private places. These types of injuries arise due to the negligence of an individual, business or organisation.

Personal injuries covered by public liability insurance can occur in privately and publicly owned space as well as on public, commercial and retail property. Common public liability claims are made for injuries suffered:
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• in private residential homes;
• in outdoor public places like parks, gardens, sporting fields, playgrounds, schoolyards or beaches;
• in private buildings like shopping centres, hotels, restaurants, bars, nightclubs, gyms, indoor playgrounds, amusement venues, clubs, associations, universities, libraries, churches or art galleries;
• in rented premises like flats, units, apartments, houses or places of business;
• in planes, boats or public transportation;
• while enjoying recreational and sporting pursuits like trial bike riding, jet-skiing, kite surfing etc.;
• as a result of animal attack;
• due to food poisoning or contamination events;
• in physical assaults; or
• in a sexual assault.

If you were partially at fault in causing the accident you are still entitled to make a claim for public liability compensation. A discount will be applied by the Civil Courts to take into account the injured person’s level of contributory negligence or fault.

Given that such a diverse range of personal injuries can occur in myriad public or private places, each public liability claim needs to be assessed upon its unique and particular features. Separovic Injury Lawyers have the experience and expertise to guide you through the public liability compensation claim process and ensure that you get every cent of compensation that you deserve.

Generally, if you have been injured in a public place and believe you have a public liability claim you should complete the following steps as soon as practicable:

• Seek assistance and or medical attention;
• Identify and record the contact details of any witnesses to the incident;
• Take photos of the site where the accident occurred and of any particular elements that may have caused the accident;
• Take photos of and record your injuries;
• Notify the negligent person, company or organisation that the incident occurred and request that an incident report be completed; and
• Seek legal advice regarding your potential claim.

If you are unsure about completing any of these steps please contact Separovic Injury Lawyers and we can assist you.

If you were injured in a public place and your injury occurred due to the negligence of an individual, company or organisation you may be able to claim compensation for general damages, financial loss, medical treatment and miscellaneous expenses.

General Damages

General damages include compensation for:

• pain and suffering;
• loss of enjoyment of life; and
• permanent disability caused by the injury.

When settlement negotiations take place and when a judge makes an award of damages each of these factors are considered and an amount allocated for each factor.

When claiming for general damages a person injured in a public place is entitled to claim by way of the Civil Liability Act 2002. General damages are assessed using the law governing common law damages which has been developed over hundreds of years by Australian judges and courts.

Financial Loss

Public liability compensation claims for financial loss can include:

• any loss of income suffered from the date of the accident until the date of settlement;
• future loss of income if the injured person is not able to work wholly or in part in the future;
• reduced scope of employment which in the future may theoretically result in a loss of income; and
• any past or future loss of superannuation.

Treatment Expenses

Public liability compensation can be claimed for:

• Ambulance expenses;
• Past and future hospital treatment;
• Past and future nursing services;
• Past and future medical services;
• Past and future X-rays, CT and CAT scans, MRI’s and Ultrasounds;
• Past and future medication;
• Medical aids and equipment;
• Past and future dental services;
• Past and future rehabilitation services; and
• Past and future therapy services.

Miscellaneous Expenses

Public liability compensation can be claimed for accident related:

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• Domestic support services paid;
• Care services provided by friends or family (gratuitous); and
• Travel costs.

How long a public liability compensation claim takes to settle will depend on:

• How serious your injuries are;
• What treatment you require;
• What rehabilitation you require;
• How long it takes for your injuries to stabilise;
• Whether you are able to make a common law claim;
• Whether you are able to make a claim against any third parties; and
• How long it takes to negotiate a settlement with the defendant and their legal representatives.

Many claims handled by Separovic Injury Lawyer are settled within 2 years from the date of accident.

The majority of personal injury law claims in WA are settled by negotiation. This is an adversarial system where the insurer is under no obligation to provide you with an equitable level of compensation. Most insurers will appoint legal representatives to negotiate on their behalf and given that this is a specialist and highly technical area of the law you place yourself at a significant disadvantage if you do not have legal representation to safeguard your interests.

Separovic Injury Lawyers have worked hard to establish our reputation as tough and tenacious negotiators. Please contact us if you would like to ensure that you maximise all of the compensation you deserve to receive.

In the majority of cases the insurer of the negligent individual, company or organisation will pay for your compensation. Many enterprises or organisations are required by law to hold public liability insurance cover.

In addition to your public liability compensation claim, you may be eligible to make a Superannuation Total and Permanent Disability (“TPD”) benefit claim, if you have been rendered totally or partially unfit for work. If you were previously injured at work or in a car accident and have already received a lump sum payment, this will not preclude you from receiving a further lump sum payment from a Superannuation TPD claim.

For a claim to be successful 3 key elements must be proven to have occurred:
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• That a person, company or organisation was at fault and owed you a duty of care;
• That a person, company or organisation breached that duty of care; and
• As a result of that breach, you were injured and suffered loss.

In order for a valid claim to be made, a writ of summons must be filed in the District Court within three years from the date of the accident or from when an admission of liability is made.

The conduct of a personal injury compensation claimant can have a significant impact on the outcome of a claim. Claimants should take the following matters into consideration:
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• It is helpful to keep a detailed diary of events which records the impact of your symptoms, the treatment you receive, work time lost due to injury and treatment and travel expenses;
• Don’t be stoic and avoid getting treatment. This might lead to other parties to think that you are not as injured as first thought. You should follow the advice of medical practitioners and seek treatment when advised to;
• Don’t give a statement to the insured or the insurer without first obtaining legal advice;
• Beware that sometimes surveillance is used to check up on personal injury compensation claimants;
• Realise that sometimes images on social media can be taken out of context and could damage your claim for compensation;
• That you should focus on your treatment and rehabilitation and limit your activities until your claim has been settled; and
• An expert personal injury compensation lawyer will make it much easier to navigate the legal system and get you every cent of compensation you deserve