Public Liability FAQ
Here are some commonly asked questions to assist your understanding of the public liability claim process.
Q: How much will it cost?
A: Our policy is no win, no fee. This means that we are confident about winning your case for you, as we only charge you for a successful outcome.The Civil Liability Act 2002 ensures that a lawyer cannot take your claim unless they certify to the Court that they believe that have a reasonable prospect of success. The Act also applies to legal costs - If the Court awards you $100,000 or less, the maximum the insurer must pay for legal fees is 20% of the award, or $10,000, whichever is greater. Legal fees do not include disbursements (outgoing costs such as medical report fees, interpreters fees, transport, etc). However, this restriction does not apply to the costs payable by you. This means that if legal fees exceed the 20% mark, you will need to pay the difference. Generally we are able to recover most of the legal fees from the insurance company.
Q: Who will I get compensation from?
A: The insurance body which protects individuals and organisations from loss or injury on public property is Public Liability Insurance. The responsibility in a public liability accident falls to the person who should have taken a 'duty of care' (appropriate precaution) to prevent the accident.Q: How is the compensation paid? In instalments, or in a lump sum?
A: Compensation is paid in a lump sum, which is tax free.Q: How long will it take for a settlement?
A: As a rule, public liability compensation claims are not filed immediately after an injury occurs. The process is usually to wait and see how an injury recovers, during which time we will investigate the circumstances of your matter. If the injury has not recovered sufficiently after a period of time (approximately 12 months), we will obtain medical reports and file your matter with the Court. The Court aims to have matters listed for hearing within 12 months of a claim being filed, although this can vary.Public liability claims can often be settled outside of Court for fair amounts. Call a personal injury lawyer at Stacks/Compensation for representation and assistance on a fair and quick settlement.
Q: What if the Court decides that the accident is partially my fault?
A: Your compensation award will be reduced by the level of your responsibility. For example, if the Court determines that the accident deserves $50,000 compensation, but that you were 50% at fault, you will receive half of your compensation, or $25,000.Q: Do NSW and QLD have the same processes in filing a Public Liability Claim?
A: While some of the forms and paperwork are different between states, the major steps to filing a public liability claim are the same. Contacting the appropriate authorities within the correct timeframe of your injury will lead you to the correct paperwork. If you have problems, call one of the offices of Stacks/Compensation for legal advice.
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