Public Place Injury Compensation Lawyers Queensland
Expert public place injury compensation lawyers with offices across Queensland including Brisbane, Gold Coast, Sunshine Coast and major regional centres. Free initial advice and 100% risk-free claims with no upfront costs and our No Win, No Fee, No Catch® promise.
No Win, No Fee, No Catch®. Queensland public place injury compensation with no risks or upfront costs.
If you have suffered an injury in a public place such as a shopping centre, store, hospitality venue or council property then you may be entitled to compensation where an organisation failed to fulfil in its duty of care.
Smith’s Lawyers services clients Queensland wide and all claims have no upfront costs or risks with our No Win, No Fee, No Catch® promise. Typical 'no win, no fee' arrangements can be risks of being left out of pocket but our promise is 100% risk free with no upfront costs.
To check your legal rights for free, request a free and no obligation case review today.
Fill in the form below to find out if you have a claim.
Types of Injuries Covered by Public Place Injury Compensation
In Queensland, we regularly handle public liability injury claims involving a wide array of injuries. Commonly, these claims include:
Slip and fall injuries
These generally involve soft tissue damage, broken bones, or head injuries. Whilst these can occur anywhere, they are particularly common in retail environments where spills are not promptly cleaned up. Slips, trips, and falls accounted for 40% of public place injury claims in Queensland.
Foodborne illnesses
Resulting from contaminated food or beverages served in public places such as restaurants or cafeterias, these could cause severe stomach problems, infections, or worse. Food poisoning can be very difficult to prove and compensation would only be viable for very severe cases.
Amusement park injuries
These could range from minor bumps and bruises to severe injuries resulting from malfunctioning rides or lack of maintenance.
Dog bite injuries
This type of public place accident tends to occur in parks, gardens, and residential neighbourhoods, leading to lacerations, punctures, and possible infections. Rules in Queensland mean a dog typically needs to have been deemed a ‘dangerous dog’ with its local council for public liability insurance to be in place.
Swimming pool accidents
They can result in severe injuries or even drownings, particularly in public pools with inadequate safety measures.
Steps to Take Immediately After Sustaining a Public Place Injury
Here are the steps to ideally follow after suffering a public place injury.
Seek Immediate Medical Attention
Irrespective of the severity of your injuries, it's crucial to consult a medical professional as soon as possible. This ensures you receive appropriate treatment and documentation of your injuries which can prove vital later in the claims process.
Report the Incident
Notify the authorities or the responsible personnel of the incident. This could be the manager of a shopping centre or the local council responsible for public pavements. Ensure that an incident report is made and request a copy for your records. This also increases the chances of CCTV footage being stored as evidence if available.
Document the Scene
If able, photograph and video the location of the accident and what caused it with your phone. This visual evidence will strongly support your claim. Keep the original photos and videos on your phone/photos app (Photos on iOS or Google Photos) as this will also store crucial time and location information.
Identify witnesses
If there are any witnesses, try to get their contact details. Their testimonials could provide valuable support for your claim.
Record Medical Progress
Complete a WorkCover claim form and submit it to your employer. They are required to forward it to their insurance company within a certain time frame. If they fail to do so, you can directly submit the form to the insurance company (typically WorkCover Queensland).
Seek legal advice
It's important to consult with a work injury lawyer as soon as possible. They will guide you through the process and see if you are also entitled to additional lump-sum tax free compensation, such as a common law claim if your employer or another party was negligent.
Common locations for public place injuries in Queensland
Public place injuries frequently occur in various locations across Queensland, each with its unique risks and environments that can contribute to injury:
Shopping Centres
Busy spaces with large crowds, uneven or slippery floors, and multiple hazards can be hotspots for injuries. For instance, falls due to unattended spills or staircases are quite common.
Hospitality Venues
Bars, restaurants, and clubs often have low lighting and varied floor surfaces, not to mention spilled beverages and food that may cause slips and falls. It is also not uncommon for bars and nightclubs to face claims associated with the excessive use of force by security personnel resulting in injuries, as well as due to insufficient crowd management leading to harm.
Council Property
Properties owned by the council such as footpaths, libraries and public swimming pools can also be potential sites for accidents. Poor upkeep, faulty structures or even overcrowded spaces often lead to injuries arising from falls, trips or collisions.
Supermarkets
These establishments often witness accidents due to shelving mishaps, food spills, or even trolley accidents, leading to a variety of possible injuries.
Playgrounds and Parks
With an influx of physical activity and excited kids, poorly maintained playground equipment or uneven playing fields might result in personal injuries.
Theme parks and Amusement Parks
These centres of leisure and thrill including those on the Gold Coast are not immune to accidents and injuries. Anything from minor cuts and bruises to severe injuries due to falls from amusement rides can occur. Tragically, fatal accidents have also occurred in recent years.
The Claims Process for Public Place Injury Compensation
Your journey to claiming compensation for a public place injury often begins with an obligation free initial consultation. During this meeting, you will discuss your injury and its circumstances, allowing your solicitor to ascertain whether you have a viable claim.
Once it is determined that you have a valid claim, official documents will be lodged to the relevant authority notifying them of your intention to sue for damages.
Supporting evidence that corroborates your injury and validates your claim will then need to be gathered. This typically involves collecting medical reports, witness statements, and photographic evidence.
After gathering all relevant information, your solicitor will be able to estimate the amount of compensation you may be entitled to, taking into account costs such as medical expenses, lost earnings, and pain and suffering.
Your solicitor will endeavour to settle your claim through discussions with the opposing party and arrange an out of court meeting known as a 'compulsory conference'. Most cases are settled at this stage without the need to go to court.
- If a settlement cannot be agreed upon during mediation, your case may then be brought before a court, where a judge will make a final decision regarding your compensation award. Our ‘No Catch’ agreement means you can never be left out of pocket to us, or the other party.
Once you receive your compensation payout, your claim will be officially closed, allowing you to move forward and focus on your recovery. Compensation comes in the form of a lump sum payment which is tax-free.
Calculating the Value of Your Public Place Injury Compensation
Public liability claims for injuries sustained in public places can encompass a wide spectrum of compensatory elements. Below are key facets that might be a part of your claim:
Medical expenses
This takes into account all hospital charges, medication, therapy, and rehabilitation costs incurred as a direct result of the injury.
Loss of Earnings
If you've been out of work due to your injury, you may claim the lost income.
Pain and Suffering
Compensation for the physical pain and emotional distress caused by the accident and subsequent injury.
Care and assistance
If your injury has left you needing help for daily tasks, these costs can be claimed.
Future Loss
If your injury will affect your ability to earn in the future, this estimation will factor in.
It’s crucial to note that even for the same type of injury, the compensation value may differ based on various factors. Such aspects comprise:
Recovery Speed
A swift recovery can potentially reduce the compensatory amount as compared to a longer healing period.
Age
The age of the victim might impact the compensation, with younger individuals likely to receive higher amounts due to the perspective of future loss.
Ability to continue an existing job
The impact of the injury on your capacity to continue with your job can significantly influence the compensation amount. Higher losses in earning potential result in greater compensation.
Time Limits for Public Place Injury Claims in Queensland
The standard timeframe for lodging a public place injury claim in Queensland is within three years from the date of your accident.
However, there are variant exceptions to this rule. For instance, if the injured party is a minor, the three-year timeframe begins when they reach the age of 18 (Children under the age of 10 are most at risk of public place injuries in Queensland), or if the claimant lacks the mental capacity to manage their affairs, the time limit can begin once they regain capacity.
Considering these complexities, it is imperative to seek legal advice as soon as possible after suffering a public place injury. Prompt legal advice can help secure reliable evidence to establish liability, get professional guidance regarding the time limit for your case, and avoid any pitfalls that could jeopardise your claim.
Public Place Injury Compensation FAQ's
In Queensland, a public place injury generally refers to any harm sustained by an individual in a place that is accessible to the general public, be it government-owned or private property. This could be a city park, shopping centre, school, public transport, or even a footpath.
Public injuries generally encompass a broad array of physical harm, ranging from minor slip-and-fall injuries to severe incidents like dog attacks, aquatic accidents, or even wrongful death. Furthermore, in the realm of personal injury law, for an incident to be identified as a public place injury, there needs to be a clear demonstration that the injury occurred due to someone else's negligence or a failure in duty of care by those tasked with maintaining the safety of the public space.
This policy allows access to justice with no upfront costs or financial risks.
- No Upfront Costs: In accordance with their policy, Smith's Lawyers do not charge any upfront fees for your claim. Any legal fees are only due when you receive a compensation payout.
- No Fee Unless We Win: You will only be required to pay legal fees if we successfully secure you compensation. In this case, you are only charged for actual work done rather than a fixed percentage.
- No Risks: There are no hidden clauses or small print. Most 'no win, no fee' arrangements include a clause which makes you liable for the other side's legal costs if the case goes to court and is unsuccessful.
While it's possible to lodge a public place injury claim independently, it is strongly recommended to engage a legal professional. A lawyer provides expert insight into the complexities of injury compensation, ensuring your rights are protected and maximising the claim's potential. Smith's Lawyers offers a 'No Win, No Fee, No Catch' promise to support claimants during the process.
If you find yourself unable to work as a result of a public place injury in Queensland, you have recourse to compensation. In addition to the public place injury compensation, you may be eligible for a Total and Permanent Disability (TPD) claim through your superannuation fund's insurance. Essentially, this means that if your injury results in a total and permanent disability that prevents your return to work, you may have a valid claim. This dual-channel approach can provide a financial buffer during your recovery, or if you are unable to work indefinitely, so it's crucial to explore all avenues of compensation.
In general, the process to receive compensation for a public place injury in Queensland typically averages around 18 months. This, however, may vary significantly due to several key factors that can potentially influence this timeframe. Factors include the complexity of the case, the severity and permanency of the injuries sustained, and how disputed the liability is. The cooperation of the party at fault can also greatly affect this period, as well as the efficacy and speed of the various institutions involved in the claims process.
Yes, your current geographical location does not prevent you from making a public place injury claim as long as the incident itself took place in Queensland. Smith's Lawyers are capable of assisting clients irrespective of whether they are located anywhere within Australia or overseas.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert workers compensation lawyers. We can explain your options to workplace injury claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.