Diritto delle AssicurazioniNotiziePublic Liability Insurance Claim – How to make a PI insurance claim for personal injury?

A public liability claim is a term that encapsulates an array of claims relating to incidents that occur in a private or public setting. It provides an entitlement to compensation for injury or harm due to the negligence of an individual or organisation. These claims are regulated in Queensland by the Personal Injuries Proceedings Act 2002 (Qld) (PIPA).

Relevant Timeframes

In making a public liability claim, the PIPA dictates that claims should be initiated within either:

1. nine months of the date of the incident; or
2. one month of instructing a lawyer to act on the claim.

A claim may still be instituted outside of these timeframes if the claimant offers a reasonable excuse for the delay.

PIPA Procedural Steps

In starting a public liability claim the claimant will provide a two-part Notice of Claim (NOC) to the individual(s) and/or organisation(s) they allege to be responsible for the incident. Specifically, the following steps will occur:

1. Serve a Part 1 NOC within one month of instructing a lawyer to act or within nine months of the date of the incident;
2. The Respondent(s) provides a response to the Part 1 NOC within 14 days;
3. Serve a Part 2 NOC within two months after the above step;
4. The parties request/provide particulars within three to six months after the second step;
5. The Respondent(s) provides a liability response within six months of the second step;
6. The parties organise independent medical assessments within six to twelve months of the first step;
7. The parties are required to attend a compulsory conference within twelve to eighteen months of the first step; and
8. If required, commence court proceedings within 60 days of the above step.

General Timeframe of a Public Liability Claim

Despite the above, a public liability claim runs on a case-by-case basis as each claim is contingent on a variety of factors. However, as a general guide a claim takes between twelve months and three years. Factors that affect claims include:

• the attitude of the parties:
• the number of parties;
• the time required to examine the circumstances of the incident;
• the time taken for the claimant’s injuries to sufficiently stabilise;
• the time required for independent medical examination(s).

A Successful Claim – Liability

In the majority of cases, a successful claim will establish that:

• the respondent(s) owed the claimant a duty of care to prevent a reasonably foreseeable risk of harm;
• the respondent(s) was in breach of that duty of care, and was therefore negligent; and
• the claimant suffered loss caused by that negligence.

What can be claimed?

In Queensland, compensation for a public liability claim is commonly for:

• past and future medical expenses;
• past and future loss of earnings;
• pain, suffering and loss of enjoyment; and
• care received or required.

Compensation is based on the amount of harm and suffering that has occurred. In determining the amount of compensation, factors such as age, the nature and extent of the injury sustained, lost earnings, and out of pocket expense are considered.

If you’re looking for a personal injury lawyer or advice with respect to a claim, contact SLF Lawyers on (07) 3839 8011.

Articolo scritto da Alex Canavan of our Gold Coast office.