I was hurt somewhere public

What this usually means

If you were hurt somewhere public, such as a shop, a footpath, a park, a pool or a venue, you may be able to make a claim against whoever was responsible. This is often called a public liability claim. It usually needs you to show that someone failed to take reasonable care and that this caused your injury.

That is not always the case. Some accidents are simply accidents. Whether you have a claim is a question for a lawyer.

In Queensland, most personal injury claims like this follow a set process under the Personal Injuries Proceedings Act (PIPA). It requires a notice of claim and a conference before you can start a court case. PIPA does not generally apply to workers' compensation or road accident claims, which have their own schemes. See the guides on being hurt at work and on the road.

You may be sore, shaken and unsure what comes next. That is normal. The most useful step is to look after yourself and write things down while you remember them.

What you can do now

1. Get medical care. See a doctor and tell them how you were hurt. Keep every record and receipt.
2. Report it where it happened. Tell the owner or manager, and ask for an incident report to be made. Ask for a copy, or at least the name of the person you told.
3. Collect evidence. Take photos of the place and your injury, note the date and time, and get names of witnesses. If you can, keep the shoes or clothing you wore.
4. Write down what happened. Include what the floor, weather or lighting was like and what you were doing.
5. Be careful with insurers. Do not sign or agree to anything until you have had advice.
6. Get advice early. The time limits are short and the first step is a formal notice.

A few things can make these claims harder. The other side may say you were careless, that the hazard was obvious, or that the place had done what it reasonably could. They may also say your injury was not caused by the incident. Good records, from the first day, help to answer those points.

Insurers often get in touch quickly after an incident. You are allowed to take time before you respond. A short, polite message saying you are getting advice is enough. Keep a copy of every call, letter and email, and note the date of each.

Time limits

• Notice of claim, part 1: under PIPA, it must be given by the earlier of 9 months after the incident (or after symptoms first appeared, if they were not obvious), or 1 month after you first instruct a lawyer to act for you, where the person you want to claim against is identified.
• If you miss it: the duty to give notice continues. You must give a reasonable excuse for the delay, and the other side may dispute it. Do not assume it is too late. Ask for advice.
• Court proceedings: generally 3 years from the date of the injury. A court can extend this in limited cases, for example where an important fact only became known later. This is not automatic.
• Children: different rules apply. The usual limit generally does not start until the child turns 18.

If it goes further

After the notice, the other side (and their insurer) has time to respond. Both sides must exchange information. Before any court case, there must be a compulsory conference, a meeting to try to settle the claim. Many claims settle at or before this stage. If not, you can start a court case, which can be slow and costly. A lawyer can explain the costs and risks, including how legal fees are charged.

Questions to ask whoever helps you

• Do I have a claim, and who might be responsible?
• What is my exact deadline for the notice of claim?
• What evidence should I gather or keep?
• How are legal fees charged, and what could they cost me if I lose?
• Should I accept an early offer from an insurer?