If you’ve been injured due to an accident in a public place, on private property, or during a business activity in Victoria, you may be entitled to compensation through the public liability system. Dealing with the aftermath of an injury can be overwhelming, especially if you’re facing medical bills, loss of income, or ongoing treatment. Here’s what you need to know about making a public liability claim and seeking compensation.
What Is Public Liability Insurance?
Public liability insurance is designed to protect businesses and property owners from the costs associated with accidents or injuries that occur on their premises or due to their activities. If you’re injured in such a situation, this insurance may cover your medical expenses, loss of income, and other related costs.
For example, if you slip and fall in a shopping center, suffer an injury at a friend’s house, or are hurt by a faulty product at an event, you may have grounds to make a public liability claim against the person or business responsible.
How Do Public Liability Claims Work?
- Medical Costs: Expenses for doctor visits, hospital stays, rehabilitation, and other treatments.
- Lost Income: Compensation for wages lost due to your inability to work.
- Pain and Suffering: Depending on the severity of your injury, you may be entitled to compensation for physical and emotional distress.
- Future Medical Needs: Coverage for ongoing or future treatments related to the injury.
Proving Liability
To succeed in a public liability claim, you need to establish that someone else’s negligence caused your injury. This means showing that:
- The person or business had a duty of care to prevent harm.
- They failed to take reasonable steps to fulfill that duty.
- Their failure caused your injury.
For instance, if a shop failed to clean up a spill promptly and you slipped as a result, you may be able to argue that the business breached its duty of care.
Steps to Take After an Injury
- Seek Medical Attention: Your health is the priority. Get any necessary treatment and keep records of your medical visits, diagnoses, and expenses.
- Report the Incident: Notify the person or business involved. This could be the property owner, event organizer, or business manager. Make sure the incident is officially recorded.
- Gather Evidence: Take photos of the accident scene, collect contact details of any witnesses, and keep receipts for any expenses you incur because of your injury.
- Get Legal Advice: Consult a lawyer experienced in public liability claims to understand your rights and the process ahead. Legal support can be invaluable, especially when dealing with insurance companies that may try to minimize your compensation.
Challenges You May Face
Navigating a public liability claim can be challenging. Insurers may dispute the extent of your injuries, argue that you were partly at fault, or offer a settlement that doesn’t fully cover your expenses. This is where having legal support can make a significant difference.
At PRD Legal, we are experienced in handling public liability claims and can help ensure that you receive the compensation you deserve. We’ll guide you through the process, assist in gathering evidence, and negotiate with insurers on your behalf. Our goal is to help you focus on your recovery while we handle the legal complexities.
Time Limits for Making a Claim
In Victoria, there are strict time limits for making a public liability claim. It’s important to seek legal advice as soon as possible to ensure that you don’t miss the deadline. Typically, you need to file a claim within three years from the date of the incident, but there can be exceptions depending on the circumstances.