Time Limits for Public Liability Claims
Unfortunately, accidents can occur anytime and anywhere. Even in places where you should have the right to feel safe, accidents can still occur due to the negligence of others. It is not uncommon for people to sustain injuries in public places such as in supermarkets, schools, parks or even footpaths, due to the failure of another party to take reasonable care.
If you are a victim of an accident occurring on public property due to the negligence of another, such as the occupier of the premises, contact us about a public liability claim or read on to find out more about the time limits for public liability claims.
How long do public liability claims take?
The duration of the public liability claim depends mostly on the severity of your injuries. In cases where the injury is minor and a fast recovery is made, a quick settlement can take place. In cases where the injury is quite substantial and takes a while to stabilise, the process may take longer in order to determine the true long-term nature of the your injuries, and ensure that you receive a fair amount of compensation.
Who pays for the compensation?
Public liability claims are lodged with the negligent party’s insurance company. The person at fault will usually be the occupier of the premises, and such occupiers usually have public liability insurance. Therefore, in many cases their insurance company will pay out the public liability claim settlement.
What can I claim?
If we are successful in obtaining evidence to show the owner or occupier breached their duty of care to you, that this breach was reasonably foreseeable and not too far remote, then under the Civil Liability Act, you will be able to claim:
- Past and Future Economic Loss – This may include time off work, loss of overtime or additional hours, or even a loss of a potential promotion
- Past and Future Medical Expenses – This may include hospital fees, doctors fees, cost of medication, and more
- Past and Future Domestic Care & Assistance – This applies in cases where your injury may require you to seek assistance from other people to carry out household duties
- Non-economic Loss – Pain and Suffering.
What time limits apply to my compensation claim?
Strict time limits apply when it comes to making a public liability claim. As most claims can be settled directly between the injured party and insurer, many cases will never need to be settled in a courtroom. However, in cases where the two parties cannot reach an agreement, there is a 3 year statute of limitations period on public liability claims. This means that all legal action must be made within 3 years from the day the accident occurred.
Under what circumstances can time limits be extended?
Claims made after 3 years from the accident will be barred, except under special circumstances where the time limit may be extended. This may include circumstances where the victim’s injuries (such as a psychological illness) did not present itself until some time after the accident itself, or the true severity of the injuries took a long time to become apparent. However, you should aim to act within the 3 year limit and should not rely on these special circumstances as they are highly difficult to prove to the courts.
Why do I need to act as soon as possible?
If you believe you are eligible to make a public liability claim, you should contact the team at Goodman Spring as soon as possible to ensure you have not lost the chance to receive compensation for your injuries. Although you have up to 3 years to undertake any legal action, it is best to start a claim as soon as possible, as the claims process itself can be complex and may take more time than anticipated.
An important but sometimes timely step involves collecting evidence to substantiate your claim. The more evidence you can collect, the better your chances of maximising the compensation you will receive. Documented evidence may include:
- Reporting the injury to the occupier of the premises, and keeping records of any correspondence after the injury
- Taking photographs of the location where the injury occurred, the surroundings, and of the injury itself
- Writing a statement of events
- Obtaining medical records for your injury, such as the dates of appointments, medical certificates, and any relevant medical reports
- Obtaining the names and contact details of any witnesses
- Obtaining receipts or records of any expenses incurred due to your injury, such as the cost of home modification, or travelling expenses
- Obtaining records of any lost wages due to your injury
The sooner you begin a claim, the sooner you can receive compensation to help with any medical expenses, care and assistance costs, home modifications and lost earning capacity you may be dealing with. Contact the team at Goodman Spring today to get the compensation you deserve.