Public Liability Claims

Jones Leach Lawyers also specialises in public liability claims. These arise when injuries are suffered by a person either in a public place, such as a footpath or sporting ground, or on private property, such as private residences, supermarkets, hotels and clubs. The list of places where such claims may arise is endless.

In all such cases, it is necessary to prove that the injury came about as a result of the negligence of a person or organization. Predictably, the insurer wishes to minimise the impact of these claims as much as possible. If the insurer can establish that the injured person was partly responsible for the incident, liability can be adjusted such that the amount of compensation that you receive is reduced. Although insurers are experts in the field, it is not their responsibility to advise you about your claim or to ensure that any settlement is fair.

Delay in investigating and bringing a claim can often be detrimental to that claim, and sometimes even fatal. The team from Jones Leach Lawyers are  equipped to tackle your matter swiftly. 

How can we help?

We will expertly help you navigate Queensland’s laws on public liability claims. In this state, your right to bring a public liability claim is governed by the “Personal Injuries Proceedings Act,” also known as PIPA. This prescribes some of the procedures and time frames that must be followed if you are to proceed with a claim. As stated previously, there are some time frames that can be fatal to your claim if not observed, so it is imperative to seek our advice.

As with other personal injury claims, we generally offer to carry out the work on a no-win-no-fee basis. Our fees are calculated according to a schedule derived from the Supreme Court scale and are disclosed to you in writing and discussed in as much detail as you require at the time you decide to engage us.  There is also the less-known 50/50 rule that applies to all lawyers in such claims. Simply, our charges for professional fees will be less than you receive after deduction of Government refunds, costs and outlays. So if, for reasons beyond our control, the compensation recovered is less than expected, our fees must be moderated to comply with this rule.

We will not encourage you to put time and effort into a claim we are not confident you will win. It is also important to know of our policy not to accept responsibility for a case until a Costs Agreement is signed and returned to us.

At the successful conclusion of a claim we arrange for the amount of our fees to be settled independently by a Court-approved Costs Assessor. The assessment must comply with the Costs Agreement and must be able to withstand the scrutiny of the Legal Services Commission.

These comments are made for information purposes and are not intended to be relied upon by any person who does not engage our law practice. If you have any doubt about your legal rights you should consult our law practice or another lawyer.

Don’t settle for less than the expertise, dedication and tact that our team will offer you. Call now or book your appointment online.

Book an appointment

Would you like our assistance or advice regarding a legal matter? Book an appointment online!