The process of a Public Liability case
Every Public Liability case is different. It could take 12 months, 3 years, or longer - depending on the extent and nature of your injuries. How quickly the other party or its insurer responds as well as their attitude to your claim also have an impact on the timeline of your case.
Our team have over 60 years' combined experience in fighting cases like yours and winning. Not only that, our experience means that we've taken the process of a public liability case and honed it to a fine art. So when you work with us - you'll always be informed, you'll always know what to do next, and you'll always have someone to speak to.
We will give you information to help you decide on the best course of action for you. This may involve arranging a confidential meeting with a lawyer to discuss your case in greater detail. Or, it may involve asking you to gather further information before any confidential meetings is scheduled with a lawyer.
Attend your free initial appointment**
Your initial consultation with a lawyer is free as part of our service to you. It provides you with the opportunity to find out more about your claim and discuss options available to you, while explaining the merits of the different options so that you are in a position to make the best decision.
If we agree to act for you, this will usually be on a No Win - No Fee* basis. A legal costs agreement is provided to you confirming our preparedness to act on your behalf. It provides an outline of potential legal costs and how they will be calculated. Work starts when you sign and return the legal costs agreement.
Meet your legal assistant
A legal assistant will be allocated to you to help with your day-to-day enquiries and will usually be your first point of contact if you need help.
Preparing to take action
InitiaI preparation may include:
- Gathering information about your claim,
- Having a site visit where you were injured to take photos,
- Requesting medical records and/or reports,
- Writing to the defendant(s) and putting them on notice about the claim,
- Taking detailed witness statements, and
- In some cases, obtaining specialist expert reports such as an Engineer
Once our investigations are complete, if we believe that you have a viable claim, we will advise you of the best way forward to pursue your case. We constantly undertake a cost / benefit analysis to ensure that any proposed action is in your interests to help you to decide whether or not to commence a court action, or to accept or reject any settlement offer.
You may attend a medical examination
We may organise for you to be medically examined for the purposes of establishing your entitlement to pain and suffering or loss of enjoyment of life damages.
Receive your compensation
In most cases your claim can be resolved without court action and you'll receive compensation for your injury. But, if it is necessary to go to court, Slater and Gordon’s lawyers have the skill and litigation experience to guide you through the complexities of court proceedings.
Usually, the commencement of legal proceedings will result in the parties getting together to discuss resolution of the case – this is called a mediation. A vast majority of cases that reach this stage settle at this point. If the case is successfully resolved all court proceedings are then withdrawn and you will receive compensation for your injury.
If your case goes to court
Remember, only a very small percentage of cases run to trial. In fact, we settle 95% of our cases outside of court. If this does happen however, Slater and Gordon will prepare your case and ensure you are well informed of:
- relevant court processes
- duration of legal proceedings
- how to prepare to give evidence
- what to expect during cross examination
- legal costs implications
Preparation will also involve engaging a barrister to represent you at court as well as arranging the attendance of any witnesses. The barristers that we engage also operate on a No Win No Fee basis.
In some circumstances if you are unsuccessful in your court case you may have the right to appeal the decision to a higher court. Your lawyer will be able to advise you about this.
Principal Lawyer Lily Boskovski explains how to effectively gather evidence for your Public Liability case
Speak to us today
Slater and Gordon’s Public Liability team have over 60 years of combined experience. We will fight for you during the investigation process as we collect evidence in support of your claim - right through to the commencing of any necessary court proceedings. We will support you every step of the way to achieve the best possible outcome.
We specialise in a variety of complicated public liability disputes and have a wealth of experience in every type of public liability claim.
We can help you by:
letting you know whether or not you have a claim
gathering evidence to prove fault and wrongdoing
obtaining all your relevant medical material and medical reports to support your claim
proving that your injury is significant enough to enable you to claim compensation for your pain and suffering
helping you through the medical examination process
thoroughly preparing your case and representing you at trial
proving your case so you can receive compensation for your injuries
advising you every step of the way so that you fully understand the process.