If you have suffered from slip and fall injury and do not believe it was entirely your fault, you need to consult with a public liability lawyer. Not only are compensation laws complex, the process, itself, can be confusing. Therefore, think about what you want to ask and learn more about making a claim.
Public compensation for incidents, such as slip and fall claims, is awarded when you have suffered injuries in a mishap that did not happen in a vehicle crash or at work. You must show that the other party was negligent to receive compensation, and this must be proven even if you were partially responsible for the accident.
Making a Claim
For a civil compensation claim, public liability lawyers advise that you provide written notice immediately to the other party. You do not need to submit a form for the request. Court proceedings of this type must be commenced within three years from the accident. However, there are exceptions to the rule as well, which is why you need to seek advice and help from a public liability lawyer.
For example, some claims can be made after the three-year period, if the circumstances warrant it. Again, a lawyer can inform you if you can proceed with the case. To show negligence, your lawyer must prove all aspects of a claim, based on the balance of probabilities. Insurance companies, in this respect, only need to show how you may have caused the event.
Finalising a Claim
A public liability claim for a slip and fall is not settled until a litigant’s injuries are stabilised, and a long-term prognosis is made. Usually, requests are finalised within a couple of years of an incident’s date. Naturally, if the injuries stabilise more quickly, the claim can conclude sooner.
Concerning slip and fall incidents, statistics show that over 85% of the cases are settled without the need to go to Court. Most of the claims, in fact, are resolved without the commencement of proceedings. If an insurance company admits liability, the request is often reviewed by an assessor.
If you succeed in your claim, the insurance company usually pays most of the legal fees. The client pays the difference between what the insurance company pays and the actual costs. If the case is lost, the client is not required to pay any legal fees.
If you are fortunate in your case, you may be entitled to a lump sum payment for your past, current and future medical and rehabilitation costs or a lump sum payment for past or future loss of wages, including superannuation. Lump sum payments are also made for pain and suffering and to pay for past or future care needs, such as modifications or wheelchairs.