Public Liability & Negligence Claims

Dedicated to representing the interests of individuals and families

If you have suffered from an injury, damage or experienced the death of a family member in a public place or as a result of professional or medical negligence – you may be entitled to compensation.

Our team is dedicated to representing the interests of individuals and families, adults and children, who suffer a personal injury or harm as a result of an accident or negligence. In most cases, strict time limits apply to personal injury claims and we recommend that you seek advice as soon as possible after such an event. This ensures you do not lose your right to make a claim for compensation.

“I’d like to thank Emma and Janette for all the assistance they have given my daughters and myself over the last 12 years. At the time of our accident, I didn’t know who to trust. Emma was mentioned to me and from there our journey began. Emma and her staff have achieved a great result for both girls and I would recommend them to anybody who needs assistance with legal matters.”

TR – Maitland

What is Public Liability?

Public liability and occupiers liability laws protect you if you are injured in an accident which occurs on public or private property. If you were injured somewhere other than at work or in a motor vehicle accident, you may have a public liability claim.

If you sustain injury or loss as a result of the negligence of another, you may be eligible to make a Public Liability or Occupiers Liability Claim. These claims include: claims against occupiers of buildings which present hazards to the public, councils and road authorities, and event organisers.

What Do Public Liability Claims Cover?

Under the Personal Injury Proceedings Act 2002, public liability and occupiers liability claims cover:

  • Accidents at shopping centres
  • Playground and schoolyard accidents
  • Injuries caused by animals, e.g dog attacks
  • Injuries sustained in sporting activities
  • Slips and falls in supermarkets or other retail outlets
  • Falls on public or private property including parks, gardens and footpaths
  • Food poisoning
Are there Time Limits to Bring a Public Liability Claim?

Legal proceedings must be commenced within 3 years of the accident or injury.

But there’s a bit more to it. Generally, you are required to lodge a claim form with the person at fault/public liability insurer within nine months of the accident or within one month of consulting a lawyer (whichever is earlier). You can still pursue a claim after that, but an explanation for the delay needs to be given. However, if you do not commence within three years, you will lose your right to bring a claim altogether. It is important to consult a lawyer to make sure your interests are protected in that regard.

We recommend that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit. Please get in touch if you would like to find out more. There is no charge to make an initial enquiry.

What is Professional Negligence?

Professional negligence is a breach of the duty of care between professionals and their clients. As the client of a professional, you can expect them to uphold a level of professionalism and standards commonly held by those in the profession. If you engage a professional such as an accountant or financial advisor, engineer, lawyer or architect to perform work for you and you suffer loss or damage as a result of that professional failing to act in a competent way, you may be eligible to make a Professional Negligence Claim.

To make a claim, you need to prove three things:

  • The professional owed you a duty of care
  • They didn’t do their job ‘by the book’
  • As a result you’ve suffered financial loss

If your claim is successful, the compensation you are paid should return your financial position to what it was before the professional let you down.

Are there Time Limits to Bring a Professional Negligence Claim?

Generally, the time limit to lodge a claim is either six years from the day you first engage the professional or six years from the day your loss occurred.

We recommend that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit. Please get in touch if you would like to find out more. There is no charge to make an initial enquiry.

What is Medical Negligence?

Medical negligence or malpractice occurs when a medical practitioner, hospital, allied health professional (such as a physiotherapist or dentist) fails to exercise reasonable care and skill when providing treatment. An independent medical practitioner in the relevant field must provide an opinion that the treatment provided was not up to peer standards of competence.

But, not all bad outcomes are the result of negligence. Three elements need to be established in order to prove negligence in a medical negligence law case:

  • The existence of a duty to exercise reasonable care and skill (duty of care);
  • That the practitioner breached their duty to exercise reasonable care and skill; and
  • That the patient suffered injury/damage as a result of the breach of duty to exercise reasonable care and skill.
Are there Time Limits to Bring a Medical Negligence Claim?

The limitation period for medical negligence claims is 3 years. However, if the treatment you are concerned about happened more than 3 years ago, you may still bring a claim in many circumstances.

We recommend that you seek legal advice as soon as possible to ensure your right to a claim is not lost due to a time limit. Please get in touch if you would like to find out more. There is no charge to make an initial enquiry.

Superannuation

Most Australian’s have at least one, but possibly more, superannuation policies. Most of us don’t really think much about our ‘Super’ though until we’re approaching retirement. Generally these policies also include cover for partial permanent disability (PPD) and total and permanent disability (TPD), and in some instances income protection, in addition to the normal contributions.

So it is important not to forget your superannuation if you have the misfortune to suffer an illness or injury, as you may have an entitlement to claim lump sum payments, in addition to the superannuation account balance, for PPD or TPD, and possibly even periodic payments for income loss. This may be payable in addition to other compensation to which you are entitled.

Our lawyers have a detailed understanding of the various superannuation policies in Australia and can fully assess your entitlement rights and guide you through the claims process. If necessary, our team can challenge the superannuation fund’s decision on your behalf.

You will find the details of your entitlements annual statement sent out by the superannuation fund.

Find Your Lost Super

There are numerous ways to find all your Superannuation policies, or lost Super. The best place to start is probably with the Australian Tax Office Super Seeker.

There are also numerous private companies and sites that will help you find and manage or consolidate your superannuation policies.

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