Claims can be made for:
- Aggravated injuries
- Physical and Psychological injuries
It is crucial that you report your injury to a doctor as soon as possible and take photos of the location whilst the incident is fresh in your mind. It is also if you are able to mark ‘X’ in the area where you fell.
It is also crucial to maintain receipts for medical expenses incurred because of the injury.
If there are any witnesses to the injuries, it is critical that you obtain their contact details as they may provide important witnesses statements that will be required to strengthen your case.
For Public Liability claims, your lawyer will make a claim under the ‘Wrongs Act 1958’ which will involve you attending an assessment with a doctor and obtaining a ‘Certificate of Assessment’. For physical injuries the threshold is 5% and for psychiatric injuries the threshold is 10%.
Carmel was injured when walking down an uneven footpath. The council was sued as the footpath was not safe for pedestrians. We obtained council records that showed the hazard was noted by council employees. As Carmel was retired, there was no claim for Loss of Earnings. The claim was for damages for medical expenses and Pain and Suffering. A mediation was held, and Carmel obtained a settlement of $100,000 for damages.
Tom was walking in a supermarket when he slipped over a squashed grape. The incident was caught on CCTV footage. Tom was seriously injured and unable to work. He was 60 years old at the time. The claim was for medical expenses, Pain and Suffering and for economic loss until retirement age. Tom’s case went for a mediation and Tom settled outside of court for $160,000.