No one plans to be injured whilst going about their day. However, many Australians experience injuries from slipping or tripping while shopping, visiting the library, or dining out.
These sorts of injuries are generally called “Slip and Fall” accidents, and your claim will likely fall under the category of a public liability claim. These claims differ from other claims because of the premise of breach of proper duty of care. The driving belief is that the accident could have been prevented if the responsible party had carried out the appropriate duty of care. These same kinds of accidents are also called slip and fall negligence cases in Australia.
How Do I Know if I Have a Claim?
The best way to be sure you are entitled to slip and fall compensation are by contacting an experienced personal injury law firm. At No Fee Injury Lawyers, we offer potential clients a no-cost no, obligation consultation. You have a chance to ask questions as we determine if you have a case, and we can get to know you and assess your situation.
What Should I Do if I Slip and Fall in a Public Place?
If you sustain an injury in a public place, there are specific steps you should take:
- Gather the personal information of any witnesses
- Take pictures of the place where you fell
- Report the fall and injury to the place where the accident occurred
- Make sure the staff makes a full slip and fall report
- Ask for copies of incident reports or any video footage of the accident
- Record the names of any staff you interact with when making the report
How Do I Know if I Can Make a Claim for Compensation?
You can claim compensation when injured in a slip and fall accident if:
- Your injury results in losses like lost wages or medical bills
- You can prove liability by showing your injury could have been avoided if the responsible person had taken action to prevent it
Proving liability is not always easy because you must show the responsible party was negligent and could have prevented your accident with proper care. For example, if you slip on a spill unattended for several hours, you can claim negligence.
However, if you slip on liquid moments after it spilled, you may not have a case. The defence could argue that there was no negligence because there was insufficient time to prevent the fall. Remember, in Australia, owners, and managers of stores, supermarkets, and other public buildings are not assumed liable if someone is injured in a slip and fall accident.
What are Some Types of Slip and Fall Injuries?
While there are many types of injuries you can sustain from a slip and fall accident, the most common include:
- Back injuries
- Broken or injured arm, wrist, or hand
- Broken leg or ankle
Is it Difficult to Win a Slip and Fall Case?
Winning a slip and fall case is more complicated than other cases, such as a motor vehicle claim. The reason is the requirement of proof the occupier of premises was negligent, and the negligence caused the injury.
Do Most Slip and Fall Cases Settle Out of Court?
In most cases, the insurer of the negligent party will offer a confidential amount of compensation to avoid going to court. It is worth noting that some slip and trip cases can drag on for months or even years. You should keep up with doctor visits and carefully document findings and prognosis during this time. The proof will be used to substantiate independent treatment claims
Compensation Confusion
Because slip and fall injuries can be challenging to prove, the responsible party fights hard against compensating the victim. Arguments they make generally lack proof of negligence or that the injured person did not suffer from the injuries they alleged. These factors make predicting the outcome of a case difficult, and slip and fall compensation amounts are tougher to predict.
What Determines My Amount of Slip and Fall Compensation?
Several factors determine your slip and fall compensation amount, including:
- If the injured person can prove a negligent act or omission by another party caused the accident
- Whether the negligent party has insurance
- Medical evidence that proves the injury as well as the impact it has on your life
- How much domestic help do you need
- Potential lost earnings
- The extent of medical expenses, economic loss, any lost income, and changes in your financial situation following the slip and fall accident
How is Pain and Suffering Compensation Calculated?
In Western Australia, pain and suffering, also known as non-economic loss, are determined by:
- The Civil Liability Act of 2002
- Similar Cases
- Reports provided by medical professionals that explain the injuries and the effect on the life of the injured person
What is the Typical Slip and Fall Compensation Amount?
While each case is judged on its own merits, the average settlement is between $15,000 and $30,000. Claims with excellent evidence can settle for far more.
Why Choose No Fee Injury Lawyers?
We work on a straightforward ‘no win, no fee’ policy. Meaning if you do not win any compensation, you do not pay for our legal services. Our team of experienced and compassionate legal representatives will fight to get you the slip and fall compensation you deserve.
If you believe you have a slip and fall negligence case in Australia, near the Perth area, do not hesitate to contact No Fee Injury Lawyers. The insurance companies and doctors for the responsible party are not on your side. Their goal is to find a way to pay you the least amount possible. It is in your best interest to reach out to us. Our experienced team knows how to get you the compensation for slip and fall injuries that you deserve.
*Please Note* The material presented here is for informational purposes only. It is not legally binding and should not take the place of an individual consultation with an experienced personal injury lawyer.