Two Mistakes to Avoid When Making a Public Liability Claim

REDCLIFFE, Australia - Rezul -- If you've been injured in a public place in Queensland, for example a fall in a shopping centre, on a footpath, or an accident on private property, you may be entitled to compensation through a public liability claim. These claims are fault-based, meaning you must prove that someone owed you a duty of care, breached that duty, and caused your injury as a result. Unfortunately, many individuals unknowingly make mistakes that can jeopardise their claims. Below are two common ones.

1. Missing Legal Deadlines

In Queensland, there are strict time periods within which steps must be undertaken to protect a claimant's rights.  In a public liability claim, pursuant to the provisions of the Personal Injuries Proceedings Act 2002, a Part 1 Notice of Claim must be served upon the person at fault of the accident within the earlier of the following periods:

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*9 months from the date of injury;
*1 month from obtaining a Solicitor.

If these time periods are not met, a reasonable excuse for delay must be provided when serving the Part 1 Notice of Claim.

In Queensland, there is a standard limitation period which applies to all personal injury claims in Queensland.  That limitation period is a period of three years from the date of which an injury occurs.  You must have commenced Court proceedings within 3 years of the date of the injury or your rights to pursue the claim may be extinguished and lost altogether.

2. Not Consulting a Personal Injury Lawyer Early

It is important to obtain legal advice at an early stage.  There are many missteps which can be undertaken that will both impact a person's right to claim but also negatively affect the result that may be achieved.  Seeking advice at an early stage from a suitably qualified Solicitor will enable such pitfalls to be avoided.

To discuss your personal injury claim, book an appointment with our team of experienced lawyers - https://crewlegal.com.au/.