A member asked about 6 years ago

Public liability / Personal injury help " franchised gym in Australia "


I'm hoping you can help me with your expert advice.

Have you ever heard of people approaching companies direct for public liability cases and requesting compensation? i.e no lawyer

I can't afford a lawyer now due to my accident and I thought maybe a company would rather just settle quickly to avoid media attention/lawyer and court fees?

I've lost considerable memory, gone from a 120k to a 40k job, suffer from weekly blackouts, pain , depression (never had prior), have become antisocial, no longer go to any gym ( was very active and healthy prior.)

Thank you

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Personal injury claims generally arise when a person, who is owed a duty of care by another person or organisation, has suffered harm as a result of that person’s or organisation’s negligent conduct. The law says that the injured party is entitled to be compensated for the loss they have suffered as a result of the injury and, in some cases, for the financial loss they will suffer in the future (e.g. loss of income).

If you have suffered injury as a result of someone else’s negligence, you may be entitled to seek compensation. In theory, these claims are pursued through a court and decided by a judge. However, due to the expense and lengthiness of court proceedings, the vast majority of personal injury claims are settled between the parties outside of court. This means the negligent party agrees to pay an amount of compensation to the injured person in exchange for them discontinuing the legal claim.

Even though this type of settlement avoids going to court, it still requires the involvement of lawyers. Lawyers are needed to identify the legal issues in dispute and ensure that the amount of compensation being claimed is proportionate to the loss suffered by the injured party. It is very unlikely that an organisation would take a claim seriously if the injured person was not represented by a lawyer.

Finding a lawyer to represent you in a personal injury claim is relatively straightforward. A lot of personal injury lawyers offer a ‘no win, no fee’ arrangement whereby you only pay the lawyer’s fees if you successful obtain compensation. In other words, the lawyer simply takes a portion of your compensation pay out. This type of fee arrangement can help make legal representation more affordable for someone who has suffered an injury but cannot otherwise pay for a lawyer.

Suggested way forward

Obtaining legal representation in a personal injury case will significantly increase your chances of making a successful compensation claim. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 6 years ago   Legal disclaimer


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