What is the process of a public liability claim?

PUBLISHED 11 Jan 2020

Laws and guidelines dictate many of the specifics parameters governing public liability claims, like what kinds of injuries they cover, and what expenses they provide compensation for. But what’s never spelled out quite so clearly (at least not in government documents) is how the process of a public liability claim will actually play out, step by step.

When you’re working alongside an experienced legal professional, like the compensation lawyers at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers, then you can trust that your claim will proceed in a reliable and straightforward fashion—such as the one described below.

Where do we begin?

Following an initial meeting, the first task will be to establish the general facts of the case. This will include your medical diagnosis, which will need to be confirmed and documented by a doctor; and proof that the person or company at fault owed you a duty of care, which will need to be demonstrated. Together, this will show that your injury occurred when they breached that duty of care.

From there a further investigation will proceed—contacting and interviewing witnesses, speaking with expert consultants, and more—all in order to bolster the strength of your case even further. Only once this process is complete, and your claim can be demonstrated and proven in full, will the process move on to the next step.

Does it go straight to court from there?

Not necessarily! Once all the evidence has been collected, the insurer covering the person or company in question will likely offer a settlement. The matter only goes to court if that settlement offer is considered unsatisfactory, and no middle ground can be found in negotiations afterward.

What if it does go to court from there?

If so, then your legal representation will demonstrate the evidence of your claim in court, in order to help you receive the level of compensation you feel truly befits your injury. The hope is always to avoid going to court if possible, for various reasons—but on some occasions, it’s necessary to ensure you’re properly covered for all your expenses, pain, and suffering.

Do you wish to make a public liability claim? To pursue compensation for your injuries, pain, and suffering contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers. We’ll help you to move through each of these steps with complete efficiency, ensuring that you receive a payout for all the costs you’ve incurred.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.