Public Liability FAQs

• Can I make a public liability claim?

  If you have been injured in a slip and fall accident, because premises are unsafe, or due to the negligent actions of another person, in Queensland or elsewhere, you may be entitled to compensation.  We can advise you in detail about your right to make a public liability claim and your prospects of success.

  These claims will often be against a public liability insurer, not the owner of premises or directly against the person at fault.  In those circumstances, it is the insurer who will pay any damages. If the defendant is uninsured, they will be required to pay any damages personally.  

  Different rules can apply in other states and overseas – we can advise you about that.

• How do I make a public liability claim?

  Notice needs to be given to the person at fault.

  Strict time limits apply to make a public liability claim – you need to get expert advice now about the time limits which apply to you.

• What can I claim in a public liability claim?

  It is impossible even to estimate the amount of damages you might recover in a public liability claim without knowing a lot more about you and your injuries. Damages you might recover include:

  • Medical and other out of pocket expenses
  • Loss of income
  • Pain and suffering
  • Care and assistance
  • Aids and equipment
  • Future expenses

  You may also be entitled to make separate claims for additional insurance benefits such as income protection and total and permanent disablement benefits.  You will find more information about these claims under Income Protection and Disablement claims.

• Do I need a lawyer to make a public liability claim?

  No, you can handle the claim yourself.

  However, Insurers have extensive experience in defending public liability claims and will often instruct lawyers to act on their behalf.  Insurers cannot provide you with independent advice.  You may find yourself at a disadvantage if you do not have legal representation.

• Will the insurer pay my legal costs in a public liability claim?

  That depends on the amount of damages you recover.

  Legislation in Queensland restricts the amount an insurer has to contribute towards your costs – we will provide detailed advice about this.   Even if the insurer is required to pay something towards your costs, it will not cover your entire costs.  The difference will be paid from your settlement or judgment monies.  We will discuss this with you in detail when we give you our initial Costs Agreement and before you instruct us to act on your behalf.

• How long will the public liability claim take?

  This is impossible to say without knowing a lot more about you and your claim.   Some relevant factors include:

  • the severity and extent of your injuries – it is vital that your injuries be stable and stationary before any settlement negotiations commence – in Queensland, any damages you receive will be in full and final settlement of your claim.
  • whether the insurer disputes liability for your claim.
  • your age – if a child is injured, it is sometimes best to wait for them to finish school and start work so that an accurate assessment of the impact of their injuries can be made.
• Will I need to go to court for a public liability claim?

  Queensland legislation requires that the claimant and the insurer attempt to reach a settlement before court proceedings are issued. Public liability claims are very rarely decided by a judge.  Even if proceedings are issued in court, claims frequently settle before reaching trial.

• How am I charged and how much do I have to pay to make a public liability claim?

  If we think you have reasonable prospects of success, we will usually agree to act on a speculative basis.  That means we will not charge for our professional fees unless and until your claim is successfully finalised.

  We do require payment of any costs or outlays (eg. medico-legal reports from a specialist) incurred on your behalf, even if your claim is not successful.  We will not incur significant outlays without first discussing it with you.  An estimate of outlays will be provided in our Costs Agreement. 

  Our costs will be reasonable – we will discuss them with you in detail before you instruct us to act on your behalf and will enter into a Costs Agreement with you.  We strongly recommend you seek independent legal advice about the Costs Agreement before you sign it.