If you slip, trip, fall or somehow injure yourself on private property, such as your best friend’s house or in a rental property, you may be entitled to claim compensation for these injuries.
It’s important to note that these claims are made against the insurer of the property, not the owner or renter – so your friend or family member should not be personally impacted by this claim or suffer financially.
These claims are handled under the Personal Injuries Proceedings Act QLD 2002 (PIPA). This Act allows injured parties to claim compensation for their injuries, if they can establish someone else is at-fault for the accident and their subsequent injuries.
As with slip and fall claims in public areas, you would still need to establish that a person owed you a duty of care, that they breached their duty and that breach resulted in your injuries. There are different considerations that your lawyer will go through with you upon reviewing your claim, to assist in determining if someone else is indeed at fault.
A common example of private residence accident is when a tenant injures themselves in a rental property. One of the obligations of a landlord or real estate agent is to ensure the property is safe and in good repair for the tenants to live. In order to discharge their duties, a landlord should arrange regular building inspections, should perform repairs promptly and should hire appropriately qualified tradespeople to perform the repairs.
If you notice an issue with your property, you should notify your landlord as soon as possible and keep records of your reporting.
There are of course many other examples of private residence accident claims, so it’s important to discuss your exact circumstances with an expert lawyer.
Private Residence Accident Compensation Claim Process Brisbane, QLD
If you find yourself in the unfortunate position of being injured in a rental property or private residence, it is important that you report the incident and your injuries to your landlord (or other appropriate person) and seek the required treatment for your injuries.
You need to be able to establish that the landlord or real estate agent failed to conduct regular inspections, or that they failed to repair or rectify an issue within a reasonable time. Or, should the accident have occurred at the home of a friend or family member, you need to be able to prove that the accident was preventable and that they (or the landlord) were at-fault for what happened to you. Again, this is something that your lawyer will discuss with you to ensure you are entitled to claim,
The process for bringing a claim can be complex, and is impacted by a range of different time limits and processes. As with all personal injury claims, it’s best to involve an expert lawyer to handle your claim.
Calculating Private Residence Accident Compensation in Brisbane, QLD
As with public slip and fall claims, calculating private compensation damages considers a range of areas, both your past loss for these areas and your expected future loss. Your future loss is calculated after you have undergone a number of different assessments, which analyse to what extent your accident will impact you into the future.
The areas that will be considered in calculating your compensation include: pain and suffering, past and future economic loss (which includes for wages, superannuation, bonuses, overtime etc.), past and future medical and pharmaceutical expenses and past and future care and assistance.
It’s important to note that your eventual compensation is unique to you and your circumstances. Two people in the same accident with similar injuries may receive differing amounts of compensation. This is because it may impact their working ability in different ways – an individual who works in an office with an injury to their knee or ankle is likely to have to adjust far less in the workplace than an individual who works as an electrician and is constantly on their feet, on site in roof spaces etc.
Your lawyer will go through your individual circumstances with you and keep you regularly updated on your claim, how things are proceeding and your potential expected final compensation range.
Mobile Private Residence Accident Claim Lawyers: We Come to You!
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We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-accident. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.
If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane’s CBD or you and your lawyer can arrange an appointment at one of our many visited offices.
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