Public Accidents and Public Liability Claims
Often personal injuries occur in shopping centres, parks, houses and buildings, on footpaths and public areas such as stadiums. If you have been injured in a public place as a result of the negligence of another person or as a result of the premises being unsafe, you may be entitled to receive accident compensation for your injury and losses. Our personal injury lawyers can assist you.
Sometimes you may have a claim against the occupier of the premises in which you were injured. Usually occupiers and owners of premises are insured against claims made arising from their negligence or breach of duty as an occupier. However the Courts have found that not all claims in public places are necessarily caused by the negligence of the occupier or owner and we recommend you take legal advice from a personal injury lawyer as to whether you may be able to pursue a claim.
If you require an initial consultation but do not proceed you will not be charged for the initial consultation. If it is determined you have a claim, Dwyer Durack will negotiate with the owner or occupier or their insurer to negotiate a lump sum settlement once your medical condition is stable. Your personal injury lawyer will advise you as to what is a suitable range of figures for which you should consider settlement of your claim. Many claims in this category involve claims against local authorities. Most claims are finalised out of Court without the need for legal proceedings to be commenced and for the case to be heard before a Judge. The usual procedure for dealing with claims is for us to manage your claim until your medical condition is stable and medical advice suggests that we can attempt to negotiate a lump sum settlement on your behalf.
In Western Australia claims are governed by the Civil Liability Act 2002 and may contain restrictions on the amounts that you may be able to claim for general damages for pain and suffering, inconvenience and loss of enjoyment of life as well as restrictions on the amounts you may be able to claim for loss of earnings and loss of earning capacity into the future as well as restrictions on what you may claim for provision of home care services. After your accident you may be approached by an investigator. We recommend that you seek legal advice before speaking with an investigator, before signing any statement relating to the accident and before accepting any offer of settlement made to you.
If you are over 18 years of age, you have a three year period in which to commence legal proceedings otherwise you may lose the right to do so. The situation may vary for persons under the age of 18 years.
Please contact our office on 9289 9888 For further help and advice.