We’ve all heard the stories of someone slipping on a grape, a puddle of water or spilled drink in their local supermarket.
But what do you really need to establish to be successful in bringing an injury claim for an accident like this, and what compensation could you be entitled to?
Slip and fall claims cover accidents where a person slips, trips or falls in a public or private place. These accidents generally occur at a shopping centre, in a carpark, on the footpath and can even occur at private residences (such as at a rental property or friends house).
While these accidents may sometimes be minor, some can be quite serious and leave you with serious injuries which impact your ability to work. When this is the case it’s important to consult an expert lawyer about your options and relevant time limits.
Slip and Fall Compensation Claim Process Brisbane, QLD
In Queensland, slip and fall claims are dealt with under the Personal Injuries Proceedings Act QLD 2002 (PIPA). This Act allows injured parties to claim compensation for their injuries, if they can establish that a third party is responsible for their accident.
So, what do you need to do if you have slipped, tripped or fallen in a public place?
Firstly, it is important that you report the accident and your injuries to the shop, council or management as soon as possible. It is also important that you attend your doctor and report your injuries and receive the appropriate treatment.
From a legal standpoint, there are a number of steps that must be taken in order to commence a PIPA Claim. This can be a complicated process, but our expert solicitors are experienced with these Pre-Court Procedures and are able to take your instructions to draft the relevant documents within the prescribed timelines.
In the initial period following your accident, it is important that you focus on attending and receiving appropriate treatment for your injuries. If you keep receipts for any out of pocket expenses we can request reimbursement from the respondent and incorporate your out of pocket expenses as part of your claim.
Calculating Slip and Fall Compensation in Brisbane, QLD
In Queensland, compensation for personal injury claims, such as slip and fall claims are quantified, or calculated, with reference to a number of heads of damages.
These heads of damages are different considerations which will help determine the final amount of compensation you may receive. It’s important to note that it’s impossible to know what this may be at the very start of your claim, as these areas will require assessment by medical and other professionals, in order to assist in determining the varying amounts under each head of damage.
The areas to be considered are:
- Pain and Suffering: This is a nominal amount which will be calculated based on the assessed permanent impairment level your injuries;
- Past Economic Loss: This is the monetary amount you have lost as a result of being unable to work, unable to participate in overtime or been ineligible to receive a bonus because of your injuries.
- Past Special Damages: This is the amount you have outlaid for medical and rehabilitation treatment including travel, appointments, and pharmaceutical costs.
- Future Economic Loss: This is the amount you are likely to lose in wages, superannuation, overtime, and bonuses, because of your injuries into the future. The calculation of this amount also takes into consideration any loss of chance or opportunity you are likely to experience in the future.
- Future Special Damages: This is the amount you are likely to outlay for medical and rehabilitation treatment in the future.
- Gratuitous Care and Assistance: If you meet the threshold for 6 hours of care or more, for six consecutive months or more, you are able to claim for your carer’s time. The care must be as a result of your accident (i.e. you cannot claim for your husband cooking dinner if he always cooked dinner before the accident), and you cannot claim for child care.
Your lawyer will ensure you understand the process for calculating these as well as keep you informed of how this assessment is progressing throughout the various stages of your claim.
Mobile Slip and Fall Claim Lawyers: We Come to You!
Need a Free Case Review? We come to you, no matter where you are in Queensland.
We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-accident. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.
If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane’s CBD or you and your lawyer can arrange an appointment at one of our many visited offices.