Public liability and personal injury matters can be complex and proving fault is not always straight-forward. That’s why it’s important to seek legal advice as soon as possible after an accident because specific time limits apply in relation to bringing an action. Notice of the claim needs to be provided within six months of the injury.
At Scammell & Co. we offer a ‘no-win, no-fee’ arrangement on compensation claims so you will only pay for our legal services if you are successful in obtaining a compensation payout.
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Public Liability and Personal Injury Law covers a wide range of situations where people, through no fault of their own, have sustained injuries or other forms of harm due to individuals, private businesses or public entities who are found neglectful in their ‘duty of care’. Accidents and injuries can occur on private property (including private homes and gardens, cinemas and shopping centres) or on public land (including public roads, footpaths, parks and government offices). Common injury scenarios include slip-and-fall incidents, motor vehicle accidents, medical negligence and workplace accidents.
Regardless of the injury or illness caused by negligence, you can take steps to ensure adequate compensation for your pain and suffering.
Public liability and personal injury matters can be complex, and proving liability (fault) is not always straightforward. Specific time limits in which to bring an action also apply; therefore, it is important to obtain legal advice by speaking with Scammell & Co. lawyers as soon as possible after the accident. We will discuss with you the circumstances of your incident and assess the facts and evidence of your case to ascertain if your injuries meet the degree to which you are entitled to make a claim.
It is not widely known that if someone sustains a personal injury commonly referred to as a ‘slip and fall’ or a ‘trip and fall’ incident, they may be entitled to make a claim for public liability compensation. Such incidents can occur either in a public place or when visiting private property – even someone’s home. Other settings include shopping centres, supermarkets, cinemas, carparks, office buildings or schools.
The owners of such places have a ‘duty of care’ to provide a safe environment and take all necessary precautions to mitigate the risk of injury to patrons or users. It is important to note that the claim is not brought personally against the at-fault party but is instead made against the public liability insurer of the property.
While it is impossible to eliminate all risks, if you are injured due to the careless actions of owners of public settings or property in Adelaide—such as failing to provide adequate warning signs for potential dangers like slippery or wet floors, or not providing a safe alternative route around hazards like building defects or construction work—our lawyers can help you determine if you have a claim for compensation.
Our personal injury lawyers work to secure compensation for medical expenses, rehabilitation costs, lost income, and pain and suffering arising from car, truck, motorcycle, and bicycle accidents across Adelaide. We conduct a thorough analysis of SAPOL accident reports and build the evidence needed to strengthen your CTP claim and maximise your entitlements. It's worth noting that outcomes vary depending on the severity of the fault, the nature of your injuries, and insurer disputes — factors that can significantly affect the complexity and timeline of your claim.
If you were working and you suffered an injury or illness in Adelaide (be it a partial or total permanent impairment) that has prevented you from working for a period of 6 consecutive months or more, you are eligible to claim superannuation and insurance disability payments. The following is the general definition of Total & Permanent Disability (TPD), which entitles you to a lump sum from your superannuation:
You are partially or totally permanently disabled and unfit for your old job or any other suitable job that relates to your education, training, and experience.
Therefore, if you can no longer work and are unable to perform the duties of your usual occupation full-time, our lawyers can assist you to claim a lump-sum benefit in addition to any workers' compensation or superannuation payment entitlements.
Alternatively, if you were dependent on a partner or parent who died, our lawyers can help you make a death benefit claim against the deceased’s superannuation fund or private insurer.
Such payouts can ease your or your loved one’s financial burden; however, individual policies vary in terms of coverage, waiting periods, and the length of time benefits are paid.
Scammell & Co. lawyers will assess your case and manage the entire claim process on your behalf, including obtaining any necessary medical reports, to ensure you get the entitlements you deserve.
Remember, Scammell & Co. Solicitors offers the following:
Though dog attacks are common in South Australia, they are considered a criminal offence. These types of public liability claims don’t require proof of owner negligence, though. Rather, you’ll need to prove that the dog caused your injuries. You’ll need to identify the owner, report the incident to your local council and seek prompt medical attention before gathering and submitting evidence to substantiate a claim. Our experienced lawyers can step in and assist with your claim during your recovery, including taking photographs of your injuries and the attack location and obtaining copies of medical treatment receipts.
An experienced Scammell & Co injury lawyer can provide answers to these important questions during your initial consultation. Our injury lawyers will also provide an assessment of your case, including advice on the most appropriate legal options available to you, and guide you in making the right decisions so you get the best outcome.
Engage Adelaide’s best-performing personal injury lawyers at Scammell & Co. With over a century spent successfully securing fair compensation settlements and working closely with various local government councils and professional organisations, our expert team is here to help support your recovery from a personal injury. Our deep understanding of the South Australian court system ensures that you receive the best possible outcome, no matter the nature of your injury.
We’re just as keen for you to seek justice for your injuries. That’s why we’re making it as affordable as possible to seek reliable and results-driven legal counsel with our outstanding personal injury lawyers through our No Win No Fee initiative. This means that you will only pay for our legal services if you are successful in obtaining a compensation payout.
When you choose to work with us for your personal injury claim, our extensive experience means we have an established approach to securing the maximum available compensation. While the complex nature of these cases often requires us to delve into the finer details, our proven processes and clear communication will ensure we can successfully disarm even the most heavily defended insurers.
Darren earned a Bachelor of Laws from the University of Adelaide and subsequently completed a Graduate Diploma of Legal Practice at the South Australian Institute of Technology. He is certified and registered to appear in the High Court of Australia and has worked extensively across various areas of law in multiple jurisdictions, with a heavy focus on personal injury and criminal law.
Tina completed a Bachelor of Arts (majoring in psychology) and a Bachelor of Laws, as well as a Graduate Diploma in Legal Practice. With previous experience overseeing litigious matters in the District Court, Tina brings deep understanding, clear communication, and legal efficiency to handling public liability and personal injury claims.
Your claim will include the following:
The following factors should be considered:
You will only have a claim if the injuries and losses resulted from the negligence or the breach of statutory duty of another person or company. A Scammell & Co. lawyer can provide you with advice about what is required to prove negligence.
You have three years from the date of the incident to lodge a claim with the court otherwise you are likely to lose the right to make a claim.
Claims cannot be finalised until you have either fully recovered or recovered as well as you are going to in the opinion of your doctor. If you have suffered serious harm and need a long rehabilitation process, the time to settle your claim may take longer to resolve.
