Have you been injured in a public place? This quick guide explains everything you need to know about personal injury compensation.
You may be entitled to personal injury compensation if you're injured in a public space or on a commercial premises. Personal injury law is very 'fault-based', so if you want to claim compensation, you'll need to prove negligence on the part of the entity concerned. For example, injuries in a public park might be the responsibility of the local council or state government.
If you've been injured in a public space, you should follow these steps in case you need to claim compensation later. The most important thing to remember is that South Australia has a time limit of three years from the date of injury for personal injury claims. So, it pays to act quickly, but you've also got some time if the impact of the injury isn't yet fully known.
Collect any relevant evidence you might need later on. This can include:
Depending on the severity of your injury, you should seek help as soon as possible. Medical records are instrumental if you need to claim compensation. Keep records of all medical attention and expenses. Most compensation claims include an element towards medical expenses.
You can do this before or after you seek medical attention, depending on how badly you are hurt. You should report the incident to the relevant authorities, whether it be a local council or other entity.
Not all compensation claims require court proceedings and legal representation. But most people aren't sure of what to do when they suffer an injury in public. A lawyer can advise on the likelihood of your claim's success, help you understand personal injury law, and assist in making your claim. They'll also represent you if the matter goes to court.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.