Injury

Slips, Falls & Accidents

We Help...

When you have suffered an injury in a public place, the process of making a claim can often be stressful and complicated. Our team of Injury Law Accredited Specialists will work with you to ease the burden of claiming compensation and help you on the road to recovery:

  • We acknowledge that every client’s circumstances are unique and we tailor our approach based on your individual needs.
  • We help you with payment of wages and access to medical services. Our team will work collaboratively with you and your medical team to make things right and get you moving again.
  • We handle all the paperwork and problems and work with you to ensure that all issues are resolved as quickly as possible so that you can focus on recovery.
  • We offer client advocacy and case coordination to help you with access to services and funding within the community.
  • We will facilitate referrals to the most appropriate professionals best suited to your needs and will support you to attend medical appointments and other assessments.
  • We provide a holistic assessment of your needs and provide you with options for the future to ensure that you can move forward with confidence.

We Understand...

Ensuring that you have a lawyer that is experienced yet understanding, compassionate and accessible is important to every client. At Robinson Gill, we understand that seeking legal assistance can be a difficult decision. Our team is dedicated to ensuring that you feel supported at all stages of the legal process and will work with you to obtain the best possible outcome.

  • We understand that an injury will impact your life in many ways and that your needs may change as your circumstances do. Our team is committed to providing a flexible and adaptive approach which will ensure that your ongoing needs are met throughout the claims process.
  • We appreciate that many clients find the legal system difficult to understand and navigate. Our lawyers will remove this complexity by providing you with information relevant to your injury that is simple and easy to understand so that you can make informed decisions with confidence.
  • We understand that it is important that you are kept up to date with the progress of your matter. Our lawyers will provide you with regular updates and remain accessible to you throughout your claim as part of our commitment to ensuring a client centred service.
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We Do...

GETTING YOU ON YOUR FEET AGAIN

Slips, trips and falls most commonly occur in supermarkets, restaurants, shopping centres, people’s homes and on footpaths. If you have been injured as a result of someone else’s negligence, such as slippery and wet floors, poor construction, uneven surfaces resulting from cracks in the floor or footpath or obstructions on the floor, we will advise you on seeking compensation.

If it can be proved that the slip, trip or fall was at least partly someone else’s fault, you may still be entitled to recover damages.


UNDERSTANDING DUTY OF CARE

Slips, trips and falls most commonly occur in supermarkets, restaurants, shopping centres, people’s homes and on footpaths. Owners of supermarkets, restaurants, and shopping centres have a duty to provide and maintain a safe environment. If the slip, trip or fall occurred in a common area such as on a footpath or in a public park, the local council also has a duty to provide and maintain a safe environment.

If a slip or fall occurs at someone else’s property or residence, the owners also have a legal obligation to keep their property reasonably safe. If the slip or fall occurs on a rental property, the landlord has a legal obligation to provide a reasonably safe property for its tenants.

Slips, trips and falls can regularly occur for a variety of reasons, including:

  • Slippery and wet floors caused by poor cleaning systems or spillages;
  • Uneven surfaces resulting from cracks in the floor or footpath;
  • Poor construction;
  • Obstructions on the floor such as cords, boxes and stock.

THE ROAD TO RECOVERY

Initially, seek medical advice to establish the extent of the injuries. It may then be appropriate to seek legal advice. The specific circumstances surrounding the slip, trip or fall will determine whether or not you will have a claim, and potentially be able to recover damages (compensation). To be successful, you must prove that the injuries sustained were caused by someone else (negligence). This may be the owner or occupier of the premises where the slip or fall occurred or the local council if it occurred in a public place.

It is possible that you may have contributed to your own injuries if you had failed to care for your own safety. However if it can be proved that the slip, trip or fall was at least partly someone else’s fault, you may still be entitled to recover damages. If you have contributed to your own injuries, then a percentage will be deducted from any award of damages which has been made.


ASSESSING YOUR CLAIM

As your legal representative, we would obtain a brief of evidence on your behalf. After conducting some preliminary investigations, we may need to look at medical material from the doctors who have treated you for injuries related to the accident. Following this we would arrange medico-legal appointments so that your injuries can be more formally assessed.

If you are awarded less than 6% impairment by the medico-legal specialist, you may still make a common law claim which will include a claim for any out of pocket medical expenses, loss of earnings and any attendant care which was required.

If the Defendant disagrees with the impairment assessment and does not believe that you have sustained more than 5% impairment, the matter may be referred to the Medical Panel.

Where you have breached the required impairment threshold and negligence has been proved a Certificate of Assessment may be served on the other side. If both the impairment assessment and liability is accepted, you will essentially have a ‘ticket’ to issue common law proceedings. The amount of damages will be assessed by the Court by taking in to account the following:

  • Pain and suffering and loss of enjoyment of life;
  • Past and future loss of earnings;
  • Past and future medical and like expenses; and
  • Gratuitous care provided by someone else.

UNDERSTANDING TIME FRAMES

You have three years to commence common law proceedings from the date of the injury.


NO WIN, NO FEE

Our injury law team offers ‘no win, no fee’ in most public liability matters. We offer all our new clients a no cost and obligation free first appointment and would be happy to discuss how we can assist you further during this time.


Our People

Jodie Gerritsen

Accredited Specialist - Injury Law

Harry Gill

Accredited Specialist - Injury Law

Jeremy King

Accredited Specialist - Injury Law

Danielle Meyer

Accredited Specialist - Injury Law

Anna Vadaketh

Injury Law

Merys Williams

Injury Law

Jacinta Richards

Injury Law

Frequently Asked Questions

WHAT SHOULD I DO IF I HAVE SUSTAINED AN INJURY FOLLOWING A SLIP, TRIP OR FALL?

Initially, seek medical advice to establish the extent of the injuries. It may then be appropriate to seek legal advice. The specific circumstances surrounding the slip, trip or fall will determine whether or not you will have a claim, and potentially be able to recover damages (compensation). To be successful, you must prove that the injuries sustained were caused by someone else (negligence). This may be the owner or occupier of the premises where the slip or fall occurred or the local council if it occurred in a public place.

WHAT IF THE SLIP, TRIP OR FALL WAS PARTLY MY FAULT?

It is possible that you may have contributed to your own injuries if you had failed to care for your own safety. However it can be proved that the slip, trip or fall was at least partly someone else’s fault, you may still be entitled to recover damages. If you have contributed to your own injuries, then a percentage will be deducted from any award of damages which has been made.

IF IT WAS SOMEONE ELSE’S FAULT THEN WHAT HAPPENS?

As your legal representative, we would obtain a brief of evidence on your behalf. After conducting some preliminary investigations, we may need to look at medical material from the doctors who have treated you for injuries related to the accident.  Following this we would arrange medico-legal appointments so that your injuries can be more formally assessed.

WHAT IF I DO NOT REACH THE IMPAIRMENT THRESHOLD?

If you are awarded less than 6% impairment by the medico-legal specialist, you may still be able to make a common law claim which will include a claim for any out of pocket medical expenses, loss of earnings and any attendant care which was required.

WHAT IF THE DEFENDANT DOES NOT ACCEPT THE IMPAIRMENT ASSESSMENT?

If the Defendant disagrees with the impairment assessment and does not believe that you have sustained more than 5% impairment, the matter may be referred to the Medical Panel.

WHAT HAPPENS IF I HAVE REACHED THE REQUIRED IMPAIRMENT THRESHOLD AND NEGLIGENCE HAS BEEN PROVED?

A Certificate of Assessment may be served on the other side. If both the impairment assessment and liability is accepted, you will essentially have a ‘ticket’ to issue common law proceedings. The amount of damages will be assessed by the Court by taking in to account the following:

  • Pain and suffering and loss of enjoyment of life;
  • Past and future loss of earnings;
  • Past and future medical and like expenses; and
  • Gratuitous care provided by someone else.

WHAT ARE THE TIME LIMITS ASSOCIATED WITH BRINGING SUCH AN ACTION?

You have three years to commence common law proceedings from the date of the injury.

We can help

Our team of lawyers provide expert advice, with most holding Law Institute of Victoria Specialist Accreditation in the areas of Family Law, Personal Injury Law and/or Commercial Litigation.

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03 9890 332103 9890 3321
Injury. Family. Property. Disputes. Wills. Business.