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Public Liability & Other Accidents - What compensation can I receive?

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Where you have suffered injury (either physical and/or psychiatric) in a public place, you can seek compensation for your:

  • pain and suffering and loss of enjoyment of life; and
  • economic loss and out of pocket expenses.

In order to claim for your pain and suffering/loss of enjoyment of life, you are required to establish that your injury is permanent and of sufficient seriousness.

The Law requires you to meet certain thresholds for both physical and psychiatric injury.

There are not the same thresholds required for economic loss and out of pocket expenses. Such a claim can be made assuming negligence can be established. In Victoria, for example, the thresholds are as follows:

  • physical injuries: we are required to meet a greater than 5% whole person impairment when assessed with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition.
  • psychiatric injuries: we are required to meet a greater than 10% whole person impairment when assessed with the American Medical Association Guides to the Evaluation of permanent Impairment 4th Edition.

Your economic loss and out of pocket expenses will include costs for:

  • past and future medical treatment and care;
  • past and future loss of earnings;
  • attendant care provided by family, friends or professionals.

For more information or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).