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.
No matter what type of injury or illness you or your loved ones have suffered as a result of negligence, there are steps you can take to ensure you are adequately compensated for any pain and suffering you endure.
For example, you may find yourself unable to work or even complete normal daily tasks. These set-backs can have significant financial and emotional consequences including your ability to earn a living and pay for the all-important medical expenses. Getting a fair and equitable compensation pay-out can take the worry out of your situation and allow you to focus on your rehabilitation.
In cases such as this it is essential to get an expert medical opinion on your injuries, note how they impact your current day-to-day life, and how they might affect your future. During this time, consulting with qualified lawyers in Adelaide makes perfect sense.
Public liability and personal injury matters can be complex and proving liability (fault) is not always straight-forward. Specific time-limits in which to bring an action also applies, 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.
Scammell & Co Solicitors and lawyers in Adelaide have helped many clients win their compensation claims. In fact, our law team are some of the best performing Public Liability and Personal Injury lawyers in Adelaide with a track-record of success in achieving compensation pay-outs for their clients.
An experienced Scammell & Co injury lawyer can provide answers to these important questions during your first 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.
Scammell and Co lawyers offer a ‘no-win, no-fee’ arrangement on compensation claims. This means that you will only pay for our legal services if you are successful in obtaining a compensation pay-out.
Below are some of the more common claim scenarios in Adelaide:
Public Liability claims due to ‘slip, trip and fall’ incidents It is not widely known that if someone sustains a personal injury commonly known 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 a 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 a person at fault, but instead falls against the public liability insurer of the property.
Whilst it is impossible to eliminate all risks, if you are injured as a result of careless actions on the part of owners of public settings or property in Adelaide, for example: if the owner has neglected to provide adequate warning signs of potential dangers such as slippery or wet floors, or failed to provide alternative safe passage around a hazard such as a building defect or construction work, then our lawyers can help see if you have a claim for compensation.
If you were working and you suffered an injury or illness in Adelaide (be it a partial and/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 general definition of Total & Permanent Disability (TPD) which would entitle you to a superannuation lump sum benefit is:
“that you are partially and/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 dies, our lawyers can help you make a death benefit claim against the deceased’s superannuation fund or private insurer.
Such pay-outs can ease you or your loved-one’s financial burden, however, individual policies do vary in terms of the level of coverage, the waiting periods and the length of time benefits are payed.
Scammell & Co lawyers will assess your case, 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:
Unfortunately, motor vehicle accidents occur all too frequently in Adelaide and can involve cars, trucks, motorcycles, bicycles and any other road users. Motor vehicle accidents can happen to anyone regardless of their driving experience and skills, resulting in minor or serious injuries – even death for drivers, passengers and by-standers alike. If you have sustained injuries due to the negligent actions of another driver there are steps you can take to ensure you are adequately compensated for any suffering and hardship you endure.
For a comprehensive outline of motor vehicle accidents claims in Adelaide please follow the link.
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.
