Why Does a Public Liability Claim Take Long?

A public liability claim is a method for securing compensation which would cover your losses if you’re injured in a public place. Like many compensation cases, a public liability compensation claim can be quite complex and as a result, take quite long. However, regardless of this, you should never brush off a possible public liability claim. We understand if determining whether you have an actual case is confusing, which is why we highly recommend that you contact Prominent Lawyers for expert legal advice. 

Before you seek legal advice, we think it’s important that you understand exactly what you are getting yourself into. In this article, we’ll give you a brief overview of the public liability claim process and discuss what complication may make it longer. Bear in mind that one of the primary reasons for the length of the process is the process itself.

Should I contact a lawyer for a public liability claim?

Yes, of course!

As mentioned previously, the public liability claim process is complex and long. You will also be met with a strong defence from the defendant. To give you the best chance of success and to avoid a waste of finances and time, we highly recommend that you seek legal advice.

How long does the public liability claim process take?

Generally, public liability claims take between 12 and 18 months to settle. However, this may change depending on the type and severity of your injuries and whether you can settle out of court. If your injuries are very serious or you cannot come to an agreement on your compensation settlement, then the process will take significantly longer.

Why does it take so long to settle a public liability claim?

There are two main reasons why the process takes very long. The first reason is the process itself while the second is being unable to come to an out of court settlement.

The NSW public liability claim process

1. Collect evidence and reports of your accident. This step may include photos of the damage caused by the accident, video of the accident occurring, communication from you making the authority/defendant aware of the potential hazard that caused the accident, statements from witnesses and accident reports (these are usually given by a local authority or building manager).
2. Seek medical attention immediately. Ensure that you have your injuries assessed by a doctor. This gives you medical evidence of your injury such as X-rays, reports and scans. Immediately visiting a doctor also strengthens your case and prevents the defendant from claiming that your injuries deteriorated as a result of you failing to seek appropriate medical attention.
3. Identify the person responsible for your accident. You’ll need to point out who had control over the location or building where you sustained your injury. This may be a local authority or building manager. You will not be seeking compensation directly from this person, but their public liability insurer.
4. Submit your claim. Your public liability lawyer from Prominent Lawyers will help you to collect evidence, file the necessary legal documents and create a case/claim that is strong. This part can be very lengthy and complex and is one of the most important steps. We highly recommend that you hire a lawyer to build your case.
5. Reach a settlement. If the insurer accepts liability, then they will offer you a settlement payment. If you agree then, your case stops here. This is the point where the process takes between 12 and 18 months.
6. Settle in court. If you cannot settle out of court, then you will need to take court action. Your case will then take longer than the previous 12 to 18 month estimation.

Going to court

Through litigation, the entire process becomes longer.  Your case will be decided by a judge and the date for your court case will be dependent on the court’s schedule. If there is a backlog, you can expect even further delays. Generally, it can take a further 12 to 18 months for your case to be heard.

We hope this helps you to understand why a public liability claim case takes so long and what the process is. If you have any other questions regarding public liability compensation or concerns about your specific case, feel free to contact Prominent Lawyers. They will offer you the best legal advice and guidance for your situation. Our lawyers are here to support you and get you the help you need.

By Christopher Chidiac

*The contents in this article are solely intended to provide general information in summary and do not constitute legal advice. We recommend seeking the assistance of a legal professional to discuss any matters at hand.