Medical malpractise law in Australia

Some people are unfortunate enough to suffer from a condition that causes them to become very anxious or feel a sense of dread, whenever they are in a public place. This is known as agoraphobia and is very unpleasant, but most people are able to walk around in such a public environment without too much consternation. 

However, it pays to be as aware as possible and to look out for potential danger, because the repercussions can often be difficult to deal with. What happens if you have sustained a significant injury when you were simply going about your business? Do you have any recourse to claim damages?

Duty of Care

The answer is yes. Organisations, whether they are public or private, must do their utmost to protect their visitors and must cover themselves with an insurance policy, just in case. Remember, as soon as you step away from your own property, you are within somebody else's, whether that is privately owned or publicly kept. Either way, you must be protected from losses sustained if you happen to injure yourself in any one of these locations, according to the Australian Civil Liability Act.

How the Process Works

Your first claim will be against the operator or owner of the facility and they, in turn, will need to talk with their public liability insurance providers to determine the next steps. Every such entity is required to have this insurance, or they cannot legally operate, and while they may not be too happy about dealing with your claim, they have to go through the process.

Different Types of Injury

Remember, an injury does not have to be physical and outwardly evident. You may have sustained damages due to your interaction with a product or service, or you might have sustained a case of food poisoning at a restaurant. You may find that your children have been hurt while they were innocently playing in a school playground, or you may have been injured when you were bitten by somebody else's dog in the town square.

Case Complexity

There are many different laws that cover each and every one of these eventualities, but they can be quite complex and do vary when it comes to segregating private property from public institution. Nevertheless, bear in mind that you should claim for not just the direct costs involved in dealing with the incident, but pain and suffering, together with a loss of earnings if applicable.

Fighting Your Corner

Insurance companies are in the business of making money and will always want to defend their position whenever a claim is set forth. Therefore, they employ the most experienced and able solicitors they can find, and you should do the same. Always make sure that you have as much evidence as possible and get the names and addresses from witnesses at the scene. This will help your team put your case forward and seek relief with the help of a lawyer.