Public Liability Claims
If you have been injured in a public place (for example a shopping centre) as a result of unsafe premises you are entitled to receive compensation for your personal injuries and any financial losses which flow from your injuries.
Compensation for injuries and losses is usually paid in the form of a final lump sum payment at the conclusion of the claim following a negotiated settlement.
Even if you are partly to blame for the accident you will still be eligible to receive some compensation, provided the occupier is also at fault.
Separovic Injury Lawyers will take care of all matters relating to the processing of your claim and eventually negotiating a successful lump sum settlement with the public liability insurer.
Tony Separovic specialises in advising clients as to the appropriate value of their claims and undertaking settlement negotiations on their behalf.
The vast majority of claims are finalised “out of court” without the need for a case to be tried before a Judge.
It is common for claims to be finalised following negotiations which take place at settlement conferences. A settlement conference can be convened either informally between the parties or can take place at what is known as a “District Court pre-trial conference”.
Some restrictions apply in bringing a claim. In particular a claim for “general damages” for any pain and suffering; loss of enjoyment of life and permanent disability caused by the injury:
- Is limited by a threshold of $17,500. In other words if you have suffered a minor injury you will not be eligible to receive compensation for general damages.
- The threshold increases each year on 1 July. Click here to view the threshold table current as at 1 Jul 2011.
It is recommended you seek legal advice:
- Before signing any Statement dealing with the accident circumstances.
- As soon as possible after the accident.
- Before accepting any offer of settlement made by the Insurer.
- For accidents after 15 November 2005 before the three (3) year statute of limitation period after which your claim will be abolished if legal proceedings are not commenced in the District Court.