The Public Liability process
Our team have over 80 years’ combined experience in winning cases like yours. Our experience and our dedication to your case means that when you work with us, you’ll always be informed, you’ll always have someone to speak to, and you’ll always have someone looking out for your best interests.
So you’ll know what to expect, we’ve outlined a number of stages during the lifecycle of your case that your lawyer will be working through with you.
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.
Your initial consultation with a lawyer 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.
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.
Initial 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.
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.
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.
We are the original No Win, No Fee* Public liability lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Have you got a public liability claim?
Find out where you stand with an obligation free initial appointment. Answer a few simple questions online and, if eligible, book your appointment now.
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.
Gathering Evidence
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 80 years’ 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 public liability 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.
Frequently asked questions
To get the most out of your initial appointment, bring anything that documents the incident and its impact on you. This includes photographs of the hazard and your injuries, any incident or accident reports filed at the time, medical records and treatment receipts, details of any witnesses, proof of lost income if you have been unable to work, and any correspondence with the responsible party or their insurer. The more information your lawyer has from the outset, the faster they can assess the strength of your claim.
If the responsible party or their insurer denies liability, your case does not automatically end. Your lawyer will gather evidence to challenge that denial, which may include site inspections, witness statements, expert reports, and medical evidence.
If the dispute cannot be resolved through negotiation, your lawyer may commence formal legal proceedings. Most cases that reach this stage are resolved at mediation before going to trial.
No. You are not obligated to accept any settlement offer, and early offers from insurers often do not reflect the full value of your claim. Insurers may offer a quick settlement before the long-term impact of your injury is fully understood, particularly for ongoing care needs or future loss of earnings. Your lawyer will assess any offer against the full extent of your entitlements and advise you whether to accept, reject, or negotiate. You should seek legal advice before accepting an offer from an insurer.