In order to make a public liability claim, a number of important criteria must be
met. The length of time you have to make a claim and the eligibility of the matter
needs to be carefully considered.
Limitation Period
In most cases, claims for public liability must be undertaken within three years.
There are, however, exceptions to this and, in some instances, time periods can
be lengthened.
Types of Claims & Criteria
When pursuing compensation in relation to public liability, two common types of
claims include:
- Pain and Suffering and Loss of Enjoyment of Life
- Economic Loss/"Out of Pocket" Expenses
Each one differs in terms of the processes and what needs to be established in order
to be successful.
Pain and Suffering/Loss of Enjoyment of Life
When pursuing this category, it must be proven that the other party/parties owed
you a duty of care and that this was violated in some respect. In other words, they
were negligent in their actions. This breach then resulted in the injuries that
you are seeking compensation for.
In order to be successful for this category of claim, you must prove that your injuries
were a result of the other party’s negligence. Additionally, the other party must
admit that they were at fault or you must be able to prove that you have sustained
a specific level of impairment as a result (i.e. more than 5% for physical hurt
or more than 10% for primary psychological damage).
The American Medical Association (i.e. AMA) provides the guidelines on the definitions
of impairment. These must be satisfied in order to proceed with a case of negligence
and a public liability claim. The AMA also states that the injury must have been
stabilised to a significant level before proceeding with a claim. In this way, the
injury is fully recognised and fair compensation can be pursued.
In the first instance, the defendant/defendants will be approached to put aside
the AMA guidelines or to agree to our Certificate of Assessment. In the case that
the other party disagrees that the AMA guidelines have been met, the case will proceed
to a Medical Panel. Established by the government, the appraisal undertaken by this
panel is generally binding and cannot be appealed against.
Economic Loss/“Out of Pocket” Expenses
This category of public liability claim differs to Pain and Suffering/Loss of Enjoyment
of Life in that the AMA guidelines do not need to be met. Instead of the two conditions
stipulated by the AMA – negligence and permanent impairment – only the negligence
aspect needs to be satisfied. That is, the other defendant/defendants breached a
duty of care they owed to you.
In this category of claim, however, there are legal limitations to the amount that
can be claimed; the type of compensation that can be claimed; and, how the compensation
will be calculated. This is why it’s extremely important we understand the individual
specifics of your matter before we begin the process.
When contemplating moving ahead with a public liability claim, it is important to
note the limitation period. For this reason, it is essential that you provide clear
instruction to a Robinson Gill specialist on your wish to advance the matter. As
you proceed, please ensure regular contact with your Robinson Gill lawyer, assisting
them in taking the most appropriate path.
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