Public & Product Liability Claims

Public & Product Liability Claims

Each year, many people suffer injuries due to the negligence of others. Unfortunately, few people are aware of their right to lodge a claim to recoup lost income, or to compensate them for any serious suffering that they experienced. If your quality of life has been compromised because of someone else’s failure to ensure your wellbeing, you are well within your rights to contact a lawyer.

If you have sustained an injury from slipping, falling or tripping at a public or private property you may be entitled to compensation.

We are experts in handling all injury compensation claims including:

  • Spinal injury
  • Head injury
  • Fracture
  • Soft Tissue Injury
  • Respiratory Illness
  • Eye Injury
  • Shock, Anxiety & Depression

Call Us Today on 13 43 63!

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Frequently Asked Questions

  • Probably.

    Slip and fall injuries

    There are very few situations that would exclude or deny a claim, however, legal fault or negligence needs to be proven or established to win the case. This is where our quality legal advice is very helpful and essential.

  • No

    Public or Private property

    A successful claim can be made if you have been injured on private or public property. In most cases, the owner of the property (private or public) will have a policy of insurance for these types of accidents.

  • Injuries sustained from a defective product

    You may have a good claim subject to investigations being carried out which we would be happy to do for you at no obligation.

    If you have been injured, you should seek medical advice and treatment immediately.

    The faulty or defective item should not be used again. It should be secured as it may be required for testing or analysis by experts to help establish or win the case.

    Seek legal advice early because strict time limits apply.

  • If you have suffered injuries and if you wish to find out if your claim is worthwhile to pursue, the short answer is yes. In reality and from our experience from seeing first hand the bad outcomes that people achieve without lawyers, the answer is absolutely yes.

    How can a Personal Injury lawyer help me with my claim?

    A good lawyer will focus on whether he or she can justify their involvement in the case so that you can be confident that the benefits of using a lawyer will outweigh or far outweigh the legal costs. This is our focus from day one to the end of your claim.

  • Strict time limits do apply. Please read the following time limits very carefully.

    Lodging the initial claim forms to the insurer

    Generally speaking, you have 9 months from the date of the accident or incident to have the claim form lodged with the insurer or 1 month from when you instruct us to act on your behalf to pursue the claim (whichever is the earlier).

    If you make the wise decision to seek early legal advice from us, we will take care of preparing the forms for you and make sure they are prepared correctly and lodged on time.

    If you miss the time limit

    If you miss the initial time limits, you can still make a claim and recover compensation, however, when the claim forms are submitted, you need to provide a reasonable excuse for delay. We can assist you with this.

    The benefit of engaging a lawyer to look after you and your claim is that it immediately becomes the responsibility of your lawyer to take care of the time limits and to make sure the documents are lodged on time and are completed correctly.

    Summary

    9 months from the date of the accident/incident or 1 month from when you instruct us to act on your behalf to pursue the claim (whichever is the earlier).

    Commencement Court Proceedings

    You only have three years from the date of injury to commence court proceedings. If you miss this time limit, your rights to pursue damages or proper compensation will be or is most likely to be lost forever.

    The benefit of engaging a lawyer to look after you and your claim is that it immediately becomes the responsibility of your lawyer to take care of the time limits and to make sure the documents are lodged or filed on time.

    Summary of court proceedings

    Court proceedings must be commenced within 3 years of the date of the accident otherwise your rights will be lost forever.

  • I suffered only minor injuries

    If you have a very minor or trivial injury which will largely or completely recover or heal, you may not or probably don't need to see a lawyer. However, your first consultation with us is free so we advise all our clients and potential clients to seek the advice and at the earliest possible time to remove any doubt or worry about your rights or where you stand.

  • How long will my claim take and what will it cost?

    If we advise you that you have reasonable prospects of success and that the claim is economically worthwhile to purse, we will send you a proper written advice and a proposal. Our proposal will set out, in plain English, a realistic estimate of how long we believe your case will take to resolve and the likely cost.

    Generally speaking, most claims are able to be resolved within 6 to 18 months from when the claim starts. If the case goes to trial (which is highly unlikely) this can add a further 6 to 12 months to the time estimate.

    If your case has to go to court, it will cost more than if it settles at an early stage. The more work which is done results in higher fees; however, we are always doing whatever we can to keep costs as low as possible. All of this is explained in our written advice along with realistic and reliable fee estimates.

    Turner Freeman Lawyers costs

    Our final costs are usually lower than our competitors from our past experience.

    This is because our No Win No Fee service means we do not require you to pay the expenses of the matter even if your case loses – for instance for obtaining medical reports or the charges of other experts.

    All firms who offer a No Win No Fee service must ensure that their final fees do not exceed what the client recovers. The guarantee applies to any settlement or judgment. Under the guarantee, statutory refunds and expenses are deducted, and from the net remaining the lawyer's fees can never be more than half. The lawyer's fees are capped. This is especially important for small claims, but it must be remembered that this guarantee does not work as a 'percentage' or 'cut' of any settlement or judgment. It is a cap. If your case settles for $800,000 after refunds and expenses, and your legal fees with us under our rates scale are $60,000, we do not apply the cap. The cap would result in legal fees being $400,000. In these circumstances and naturally, we would charge $60,000.

    The cap applies even if your case does not settle and it proceeds to trial, which is highly unlikely. In our experience 98% to 99% of cases we run are capable of resolution or settlement prior to trial.

  • Medical expenses and rehabilitation costs

    Once your claim form has been submitted we can ask the respondent/defendant to pay your medical expenses or rehabilitation. If the respondent/defendant is insured, the insurer may agree to fund some medical expenses including rehabilitation, however, they are under no legal obligation to do so.

    If you have private health insurance, you can claim on this during the course of your claim and we can seek to recover the amount for your private health insurer from the respondent/defendant.

    If you do not have private health insurance, you can seek medical treatment and rehabilitation from your local doctor or allied health care provider (physiotherapist, psychologist, podiatrist etc) and your local public hospital and we can make a claim for any and all out of pocket expenses (if any) from the defendant/respondent as part of your claim.

  • Will my case go to court or will it settle?

    In our experience over the past 60 years, very few cases end up in court. It is only something like 1% to 2% of all of our cases proceed to trial or end up in a court room. This is very small number which is good for everyone, especially our clients.

    Very few personal injury cases require court supervision and the vast majority of these claims are capable of early resolution. This is what we aim to achieve as it keeps the legal costs down and maximises your 'in hand' outcome.

    Regrettably, not all cases settle and we have a significant amount of court room and trial experience so in the highly unlikely event that your case does go to court, we have the skill, experience and expertise to take the matter all the way if necessary.

  • Our No Win No Fee policy

    After we have investigated your claim at no obligation to you, we will then make a decision about whether we would be prepared to act for you on a No Win – No Fee basis. At that time, we will provide you with a proper written advice regarding your prospects of success and whether we are prepared to act for you on a No Win – No Fee basis.

    Under our usual terms and conditions, No Win – No Fee simply means that we if take your case on, we will only be paid a reasonable fee for the legal work we have done for you at the end of the claim and only if you win.

    In the highly unlikely event that your claim goes to trial and in the even more unlikely event that your case goes all the way to trial and you lose, we will not seek to charge you anything for all of the work we have done for you.

    In the highly unlikely event that your case goes to court and you lose, while you would not have to pay us anything, it is likely that the court would order to pay the other side's legal costs which could be a substantial sum.