Personal Injury
Public Liability Compensation Claims

The value of each claim is different depending on –

1. Your prospects of winning your case and
2. The seriousness of your injury.

The amount of compensation you receive may ultimately be determined by a judge who hears the evidence and makes an award based on the losses you have incurred as a result of your injury. Most compensation claims settle before they reach a court hearing, so the value of your case is likely to be determined by the prediction that each side makes as to what a judge is likely to award.

In order for your lawyer to make an accurate prediction, he or she will need to have access to all of the medical information that a judge can expect receive.

Yes. The usual limitation period that applies to a public liability claim is three years from the date of your accident. There are some circumstances where that period can be extended, for example where you did not have a proper diagnosis of your injury or you were unable to identify the correct defendant. However, there is no guarantee that time will be extended and if you believe you have a claim we recommend you contact a lawyer to discuss your entitlements as soon as possible.

A public liability claim can be resolved immediately when both parties are willing to negotiate. More commonly claims may take between 12 month and 18 months and in cases involving very serious injuries it is not uncommon for them to exceed 24 months to resolve.

We do not charge you legal fees for your personal injury compensation matter unless you are successful. Success means that you either win your case in Court and a Judge makes you an award of compensation or the defendant makes you an offer that you choose to accept.

Your legal fees will be explained in detail at the outset of your case.

No. In a public liability claim, Stacks Goudkamp will ensure that the expenses incurred during the running of a claim are covered. At the resolution of your claim, those expenses will be itemised and will form part of any settlement negotiations.

Yes. The key to succeeding in a public liability claim is proving that another party was negligent and their negligence caused your accident. If your injury took place on someone else’s property there may be a specific act that the property owner or occupier took which caused your injury or there may have been an omission, for example a lack of maintenance to the property, which caused or contributed to your accident.

If your claim is based on an allegation of negligent omission, then it is important to also establish that the occupier knew or should have known of the defect that ultimately caused your accident and that they had an opportunity to do something about it.

The vast majority of public liability cases resolve without the need to go to a court hearing. In rare instances, if you are not satisfied with the defendant’s settlement offer and you believe you can achieve a better result in court a hearing will be required. However, the current rate of cases that settle prior to a court hearing is well in excess of 90%.

You are entitled to claim compensation for pain and suffering. This is referred to as ‘Non-Economic Loss’.

The compensation you receive will depend on the seriousness of your injury and its consequences. It is calculated on a scale by reference to a ‘most extreme case’. An example of a most extreme case would be a young person who is made a quadriplegic or who sustains a very serious brain injury.

Currently compensation for a most extreme case is in the region of $700,000. Compensation for all other injuries are scaled down from that amount. For example, if your injury is assessed by a Judge at 50% of a most extreme case, you will be awarded 50% of the maximum award.