What evidence should I collect for a QLD public liability claim?

Published 23 Oct 2017

Have you been injured in a public place or on private property? Do you believe the accident occurred because someone who owed you a duty of care was negligent?

You may be entitled to compensation through a public liability claim, but proving a case can be tricky. The individuals or organisations that you believe are responsible may refute your version of events.

Gathering evidence is therefore a crucial part of the process, enabling you to pursue your case all the way through the court system if necessary. So what evidence should you collect?

1. Photographs

Photographs help judges piece together what happened on the day. For example, did supermarket workers fail to clean up a spill, causing you to slip and fall? Were there signs warning of a slipping hazard?

Take a photo of the spot where the incident occurred, as well as the surrounding areas. Your images may provide proof of negligence.

2. Personal details of witnesses

Your public liability claim is far stronger if independent witnesses can verify your story. Their testimony could convince the judge that negligence was a factor and the defendant failed in their duty of care.

Ask people who saw your accident for their personal details, including names, addresses and telephone numbers. You can pass this information on to your personal injury lawyer to chase up at a later date.

3. Medical documentation

Proving negligence is just half the battle; you must also give an indication of how seriously you were hurt in the accident. The amount of compensation you receive will depend on the economic and non-economic losses you suffered as a result of your injuries.

As such, you should provide documentation regarding any diagnoses you’ve received from medical practitioners, whether it relates to physical or psychological symptoms.

Enlist the services of an experienced law firm

If you’ve suffered a serious accident, you may not be in the right condition or frame of mind to gather evidence for a future claim.

This is where expert personal injury lawyers such as Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers can help. We gather evidence on your behalf to ensure your claim is as strong as possible should you decide to proceed.

However, it’s important to get in touch soon after your accident, as time limits apply to public liability claims and witnesses’ memories of the event can fade over time.

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