Anytime an Australian seeks to file a public liability injury claim, there are a few factors that will have a major effect on how the claim will be processed and even how successful it will be in court.
Whether it's a public injury or a workplace accident, victims need to keep three factors in mind before making a claim: laws that are particular to New South Wales or their respective state, the severity of the injury and what blame can be established.
To start, make sure to look for any laws that are unique to the state you're living in. The widely varying laws can sometimes make it difficult to determine how much compensation you'll receive. In some states, there are caps on how large compensation can be based on the level of impairment.
For example, in some states, the bodily impairment must be as high as 15 per cent before the victim can collect compensation. In other states, this number is as low as 1 per cent.
This starts to blend into the next factor that can determine the amount of compensation – severity of injury.
Depending on how serious the injury is, you could receive a lump sum payment. These are typically reserved for total permanent disability claims. However, never accept one of these payments until you've consulted compensation lawyers who know what amounts are typical in cases such as yours.
Establishing blame in the case
When you set out to prove that you were not responsible for the injury you suffered, make sure to highlight the fact that the injury could have been prevented.
If it was in fact preventable, then there is a good chance that a store, supermarket, employer or any other entity was negligent in their duties to provide a safe public or working environment. In legal terms, proving negligence means using logic to prove that the conduct of one party fell below the standards of behaviour established by law.
However, there are many cases in which the victim isn't sure if the accident was their fault or someone else's. In these instances, it's imperative to get in touch with compensation lawyers who can give you guidance on what could be grounds for a public liability injury claim.