Henry Carus + Associates https://hcalawyers.com.au/ Henry Carus + Associates is a team of personal injury lawyers in Melbourne, VIC. Enquire now for your TAC claim, accident or personal injury claim. Tue, 23 Sep 2025 20:36:39 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://hcalawyers.com.au/wp-content/uploads/2025/10/Frame-1-150x150.png Henry Carus + Associates https://hcalawyers.com.au/ 32 32 How Much Are Most Motorcycle Accident Settlements? https://hcalawyers.com.au/blog/motorcycle-accident-settlements-how-much/ Tue, 30 Sep 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93601 If you were injured in an accident while riding your motorbike, it is important to seek legal counsel as soon […]

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If you were injured in an accident while riding your motorbike, it is important to seek legal counsel as soon as possible. Victims of motorcycle crashes often sustain serious, life-altering injuries. Any settlement of your accident claim needs to account for all of the losses you face, both now and in the future.

Favourable motorcycle accident settlements don’t happen automatically. Sometimes, it is only through the diligent work of an experienced lawyer that fair compensation can be obtained. The motorbike accident lawyers at Henry Carus + Associates will fight for the outcome you deserve.

Call us at 03 9001 1318 today for a FREE, no-obligation consultation. We represent clients in motorbike injury claims throughout metropolitan Melbourne and other areas of Victoria.

How Much Compensation Do You Get for a Motorcycle Accident?

Certain benefits are guaranteed under Victoria’s Transport Accident Commission scheme, or TAC. If you are seriously injured in a road accident, the TAC will pay for the following regardless of who was at fault:

  • The cost of needed medical care, services, and supports
  • Income support for lost earnings
  • Return to work assistance
  • An impairment benefit, if your injuries are assessed at 11% permanent impairment or higher

You may also be entitled to common law damages if you were seriously injured in a motorbike accident due to someone else’s negligence. The definition of ‘serious injury’ can be found in Section 93 of the Transport Accident Act 1986 but, in essence, the terms covers:

  • Serious, long-term loss or impairment of a body function
  • Permanent and significant disfigurement
  • Severe, long-term mental or behavioural disturbance or disorder
  • Loss of a foetus

Common law damages compensate you for the loss of past or future earnings and pain and suffering. This compensation recognises the long-term effects of serious motorcycle accident injuries.

Read More: What Is the Most Common Injury in a Motorcycle Accident?

What Is the Maximum Compensation for a Motorbike Accident?

Starting 1 July 2025, the TAC caps common law damages for loss of earnings at $1,530,470 and pain and suffering damages at $680,160. According to the TAC’s own figures, people with serious injuries from transport accidents are paid $2.25 million on average.

Factors Affecting Motorcycle Accident Settlements

Every accident claim is unique. Some motorcyclists make a full recovery, while others sustain life-altering injuries. Those in the second category may be entitled to common law compensation from the TAC. If you qualify for common law damages (i.e., you have a serious injury and someone else caused the accident), a personal injury lawyer can negotiate a settlement on your behalf.

Multiple factors can influence what the TAC is willing to offer in a motorcycle accident settlement. These include:

  • The seriousness of your injuries: Your settlement is likely to be higher if the injuries require extensive and ongoing medical care, prevent you from working, and cause severe pain and psychological distress.
  • Loss of earnings: The income you’ve lost to date is calculated based on your pre-injury earnings. You may need to undergo vocational assessments to quantify loss of future earning capacity.
  • Impact on daily life and well-being: When calculating pain and suffering damages, factors such as the ability to care for yourself and enjoy favourite activities and hobbies must be included.
  • Contributory negligence: The TAC uses a contributory negligence standard in accident claims. If you were partly at fault for the accident, damages are reduced according to your percentage of fault.
  • Age at the time of the accident: Younger claimants may receive higher settlements because the loss of earnings is greater, and they will have to live with the adverse effects for much of their lives. TAC accident claims involving children are especially complex, as the long-term effects on development and work capacity must be thoroughly established.

Settlement negotiations should be entrusted to a lawyer well-versed in the TAC’s Common Law Protocols. These procedures are designed to expedite common law compensation claims and reduce the need for Court proceedings. However, sometimes going to Court is the only option for obtaining the maximum compensation you deserve for a motorbike accident.

What to Do After a Motorcycle Accident

The steps you take after a crash can affect your safety, your potential settlement, and your physical and emotional well-being. If possible, you should try to do the following if you are injured while riding your motorbike:

  1. Move to safety and call 000.
  2. Seek medical attention straight away, both at the scene and the nearest emergency department.
  3. Report the accident to the closest police station.
  4. Photograph the scene, the vehicles involved, and your injuries.
  5. Talk to witnesses and get their contact information.
  6. Get any other driver’s name, address, and vehicle registration number.
  7. Cooperate with law enforcement (but don’t admit fault or offer unrequested information).
  8. Speak to a motorcycle accident lawyer to get help lodging a TAC claim.

Your #1 priority should be recovering from your injuries. A capable TAC accident lawyer can help you apply for benefits and any additional compensation you are due while you focus on your well-being.

How Long Do I Have to Lodge a Motorbike Accident Claim?

Generally, claims must be filed with the TAC within just 12 months of the date of the accident. This requirement is satisfied by lodging a claim with the TAC online or over the phone, or if you are taken to hospital and the hospital submits a claim form to the TAC.

Common law compensation claims are subject to a different limitation period. You have up to 6 years from the date of the accident to lodge a claim for common law damages with the TAC. This gives your injuries time to stabilise and allows for the gathering of evidence to support your claim.

Expert Assistance with Motorcycle Accident Settlements

At Henry Carus + Associates, we believe You Deserve More. Our lawyers identify all of your entitlements following a motorbike accident. This may include no-fault benefits, an impairment benefit, common law compensation, and more.

If you are entitled to common law damages, we make it our mission to negotiate a favourable settlement on your behalf. We have extensive experience navigating the TAC Common Law Protocols and obtaining maximum compensation for motorcyclists and other clients injured in road accidents.

Read Our TAC Client Success Stories.

A motorcycle accident settlement should compensate you fairly for your losses and ensure that you have the financial means to meet the challenges ahead. The TAC may not want to pay what you deserve. Our team can collect the evidence needed to overcome disputes, skilfully negotiate the optimal settlement, and (if necessary) commence Court proceedings to maximise your compensation.

Have you or someone you love been injured in a motorcycle accident in or around Melbourne? Call Henry Carus + Associates at 03 9001 1318 for a FREE, no-obligation consultation.

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What Is the Most You Can Get for a Slip and Fall? https://hcalawyers.com.au/blog/maximum-slip-and-fall-compensation/ Tue, 16 Sep 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93577 Slip and fall accidents in public places are far too common. One moment you’re on a footpath or at the […]

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Slip and fall accidents in public places are far too common. One moment you’re on a footpath or at the shops, the next you’re on the ground and in a great deal of pain. If you were seriously injured on another’s property through no fault of your own, you may be entitled to public liability slip and fall compensation.

Injuries from a slip and fall accident can be serious, requiring extensive medical attention and time off work. Sometimes, the injury may result in permanent disability. A slip and fall accident lawyer can help you pursue maximum compensation for your injuries.

Henry Carus + Associates have won numerous claims for clients injured in slips, trips, and falls. Call 03 9001 1318 today for a FREE, no-obligation consultation with our team. We pursue slip and fall compensation for clients in Melbourne and throughout Victoria.

What Is a Slip and Fall Accident?

A slip and fall accident occurs when someone is injured in a fall due to a slipping or tripping hazard on the premises. If the incident occurs due to the negligence of a property owner or occupier, this may be grounds for a public liability claim.

Common places where we see people injured in slip and fall accidents include:

Spilled liquids, items left in walkways, inadequate signage, and poor lighting are amongst the most common causes of slips and falls. Property owners and occupiers have a duty to take reasonable steps to prevent injury to people on the premises. If they fail in this duty and you are seriously injured, you may be entitled to compensation.

How Is Slip and Fall Compensation Calculated in Victoria?

There is no ‘average’ payout for a slip and fall accident. Experienced slip and fall lawyers account for multiple factors when calculating what your claim may be worth. These include:

  • The severity of your injuries
  • Any time you had to take off work
  • Out-of-pocket expenses for medical treatment
  • Medical care, rehabilitation, and support you will require in future
  • Long-term or permanent effects on your ability to work
  • Degree of physical pain
  • Psychological trauma such as depression, anxiety, sleep disturbances, etc.
  • Issues of contributory negligence (see the Wrongs Act 1956 S. 26)

Ultimately, the amount of slip and fall compensation you are entitled to depends on the unique circumstances of your claim. Knowledgeable lawyers will assess all economic and non-economic damages you have sustained and strive to obtain the payout you deserve – one that compensates you for these losses.

Medical Expenses

You may be entitled to compensation for all past and future medical expenses from a slip and fall accident. This includes:

  • Ambulance transport and emergency services
  • Hospitalisation and surgery in a private hospital
  • Public hospital care if you are a private patient
  • Medications
  • Rehabilitation and therapy services
  • Medical equipment
  • Domestic assistance and attendant care
  • Travel for medical appointments

Henry Carus + Associates represented Dorothea when she slipped and fell at a shopping centre and the management refused to pay her medical expenses. We obtained a settlement that paid all of her medical bills, plus additional compensation. Read Dorothea’s Story.

Loss of Earnings

If your injuries from a slip and fall accident cause you to miss work, you can claim compensation for loss of earnings. You may also be entitled to diminished or lost earning capacity if you cannot return to work. Per the Wrongs Act S. 28F, the maximum amount for loss of earnings is three times the average weekly earnings of Victorian employees.

Arty, who was the primary income earner for her family, suffered a serious knee injury when she slipped and fell at a concert. Henry Carus + Associates brought claims against the property owner and concert organiser, ultimately obtaining compensation for Arty without having to go to court. Read Arty’s Story.

Household Services

Many people who suffer a personal injury don’t realise that they may be entitled to compensation for household assistance for tasks they cannot perform. This may include cleaning, home maintenance, yardwork, gardening, and more.

Our client, Wendy, just wanted money for her out-of-pocket medical expenses and cleaning services after she slipped while disembarking from a boat at a marina. The insurance company mounted a vigorous defence, but we were able to secure a settlement that compensated Wendy for her expenses and more. Read Wendy’s Story.

Non-Economic Loss

In addition to the economic damages discussed above, you may be entitled to recovery of non-economic damages for a slip and fall accident. Compensation for these losses is only available if you sustain a ‘significant injury’ as defined by the Wrongs Act S. 28LF.

Those who meet the significant injury threshold in Victoria may be entitled to the following non-economic damages:

Damages for non-economic loss compensate you for the adverse effects of an injury on your quality of life, including physical pain, emotional distress, permanent disability, inability to take part in favourite activities, etc. As of 1 July 2025, the maximum compensation that may be awarded for non-economic loss under the Wrongs Act is $759,510.

Connie slipped on a piece of lettuce while shopping at her local supermarket. Despite suffering multiple injuries, the supermarket only offered Connie $500 towards her medical bills and pain and suffering. Connie retained Henry Carus + Associates, and we were able to negotiate a much higher settlement for her economic and non-economic losses. Read Connie’s Story.

How to Get the Most Money from a Slip and Fall

The steps you take after a slip and fall accident can make a major difference in the compensation you are able to obtain. Important tips for maximising slip and fall compensation include:

1. Get Medical Attention for Your Injuries

If you are seriously injured, call 000 and wait for help to arrive. Otherwise, you should go to the emergency room or see a doctor as soon as possible. Your first priority should be your well-being.

2. Document the Accident

Slip and fall hazards may be quickly removed or cleaned up, so immediate documentation of the scene is critical. Vital details include:

  • Names and contact information for any witnesses
  • Photos of the hazard, your injuries, etc.
  • Caution signs in the vicinity, if any
  • Location of video and surveillance cameras on the premises
  • The name(s) of the manager and/or any employees you speak to after the accident

3. Report the Incident

Notify the owner or manager that you suffered injury on the premises. You may be asked to fill out a slip and fall accident report. Make sure your report is truthful, but don’t include unnecessary details that may suggest you were at fault.

4. Continue with Medical Treatment

Serious injuries may require ongoing care, physiotherapy, and more. You need to attend all appointments and follow the instructions of providers. Doing so may hasten your recovery, as well as ensure that your injuries are fully documented.

5. Keep Records and Stay Organised

Hang onto any medical records, communications with your employer, and receipts for out-of-pocket costs, as these help to document your damages. You should also keep a running list or journal of pain and other symptoms you experience, notes from doctor appointments, and other records.

6. Contact a Slip and Fall Accident Lawyer

Whether you suspect the accident was caused by negligence on the property or the owner/manager/insurance company is refusing to compensate you fairly, you owe it to yourself to seek legal advice as soon as possible. An experienced lawyer can review your claim, determine the slip and fall compensation you may be due, and discuss the next steps.

Public liability matters are generally resolved through settlement negotiations or at mediation, but it is sometimes necessary to commence court proceedings. You have up to 3 years to lodge a claim. No matter what course your claim takes, the services of an expert slip and fall accident solicitor are indispensable.

Learn how Henry Carus + Associates can help. Contact us for FREE today.

Frequently Asked Questions About Getting Maximum Compensation for Slip and Fall Injuries

Slip and fall accident claims are generally resolved within 6 months to 1 year. It could take longer if the insurance company is slow to respond or unwilling to negotiate, or if the matter has to go to court.

You may be tempted to accept an early settlement to bring the matter to a close, but we advise against this. Share any concerns you have with your lawyer so they can represent you in negotiations effectively.

Read More: How Do Public Liability Claims Work?

Few public places see more slip and fall accidents than supermarkets. These incidents are often caused by a failure to clean up spills, items and debris in walkways, and other negligence-related issues.

You may be entitled to substantial compensation for a slip and fall in a supermarket, but the owner and its insurer are sure to put up a fight. A skilled lawyer can fight to maximise compensation for medical expenses, lost wages, pain and suffering, and more.

You aren’t legally required to have a slip and fall lawyer handle your claim, but there’s no question that getting legal representation is in your best interest. These claims can be complex, and having a qualified legal professional handling the challenges is the best way to obtain the full slip and fall accident compensation.

Get the Slip and Fall Compensation You Deserve

At Henry Carus + Associates, we have extensive experience representing the victims of slips, trips, and falls. We know how serious these incidents can be, as well as the lengths defendants and their insurers will go to avoid making a payout. Our lawyers have obtained compensation for numerous clients in public liability claims, exceeding their expectations and giving them peace of mind in the aftermath of serious injuries.

View Our Public Liability Success Stories

Where many firms are impersonal and overly corporate, we focus on providing personalised legal service and care. Each client is more than an injury or a name in a file; they are a unique individual who is in pain and unsure what the future holds. Our philosophy of You Deserve More guarantees hands-on attention and a commitment to maximising slip and fall compensation.

If you need assistance claiming slip and fall injury compensation in Melbourne or elsewhere in Victoria, call Henry Carus + Associates at 03 9001 1318 today. We offer a No Win – No Fee promise. That means your initial consultation is FREE, and you don’t pay any fees (not even disbursements) unless your claim is successful.

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What Is the Time Limit for Medical Negligence Claims in Victoria? https://hcalawyers.com.au/blog/medical-negligence-time-limit-victoria/ Mon, 01 Sep 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93574 Patients often wonder if it is too late to make a claim if they have suffered injury due to medical […]

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Patients often wonder if it is too late to make a claim if they have suffered injury due to medical negligence. Injuries may not be discovered until months or even years later, so it can be difficult to know what legal rights you have. The time limit for medical negligence claims in Victoria is generally 3 years, but there are certain exceptions.

Don’t assume it’s too late to lodge a claim. An experienced medical negligence lawyer can explore your rights and help you take legal action before the time limit expires.

Henry Carus + Associates have an in-depth understanding of complex medical negligence claims in Victoria. Call 03 9001 1318 today for a FREE, no-obligation consultation. We serve clients throughout Victoria from offices in Melbourne and other metro area communities.

What Is the Limitation Period for Medical Negligence in Victoria?

In Victoria, the Limitation of Actions Act 1958 is the legislation that sets time limits for personal injury claims, including medical negligence matters. Section 27D of the Limitation of Actions Act establishes a limitation period of 3 years for medical negligence claims and other personal injury actions.

The 3-year time limit for medical negligence claims in Victoria begins on the date the ‘cause of action’ (i.e., the right to make a claim) is discoverable. A cause of action is considered discoverable on the date that you know (or ought to know) the following facts:

  1. You are injured.
  2. The injury occurred due to the negligence of the defendant (in this case a doctor or other healthcare practitioner).
    AND
  3. Your injury is ‘sufficiently serious to justify the bringing’ of a medical negligence claim.
    Limitation of Actions Act 1958 – SECT 27F

Courts examine the conduct of the claimant in determining the date of discoverability. In medical negligence claims, the court may consider whether you completed all follow-up care, regularly saw a doctor, and took other steps that may have identified a medical error.

In the following video, Senior Associate Dino Beslagic discusses how long clients generally have to lodge a medical negligence claim:

Are There Exceptions to the Time Limit?

Yes, the law in Victoria does recognise exceptions to the medical negligence claim time limit. The following individuals have additional time to take legal action:

Children Under the Age of 18

If a minor child is injured as a result of medical negligence, a claim must be brought within 6 years of discovery. This additional time is critical for families with children who suffer birth injuries, as the signs of an injury may not be apparent until the child is several years old. It is also important for children injured as a result of pediatric negligence and other medical errors when they are young.

Read More: What Types of Medical Negligence Affect Children the Most?

Individuals Under a Disability

Additional time is provided to individuals who are under a disability when they are injured due to medical negligence. The Limitation of Actions Act defines disability as being of ‘unsound mind’. Medical negligence claims must be lodged within 6 years if the victim is a person under a disability.

What Is the ‘Long-Stop’ Time Limit?

The ‘long-stop’ date is the final deadline for bringing a personal injury claim. In Victoria, the long-stop time limit for medical negligence actions is 12 years from the date the injury occurred. Claims brought after the 12-year limitation period may be barred by the court, even if the injury could not have been reasonably discovered prior to that date. However, the court can also extend the period of limitations upon consideration of a number of factors. 

What does the long-stop time limit mean for your medical negligence claim? Let’s look at an example:

  • A patient (we’ll call her ‘Sheila’) had surgery in 2015. Unbeknownst to Sheila, the surgeon accidentally left a sponge inside her body.
  • The sponge undergoes aseptic fibrous tissue reaction, resulting in little to no observable symptoms and no knowledge of the retained object on Sheila’s part.
  • In 2025, Sheila develops an infection. Symptoms include pain and swelling at the surgical site.
  • Sheila’s condition worsens, and she is eventually taken to hospital for septicaemia. Doctors perform imaging and discover the sponge that was left inside her 10 years ago. Surgery to remove the sponge is successful, though Sheila requires further hospitalisation, extensive rehabilitation, and is unable to work during her recovery.
  • Knowing the original surgeon made a serious error, Sheila contacts a specialist medical lawyer to discuss her rights. Although the general 3-year limitation period has passed, an experienced lawyer may be able to argue that it falls within the long-stop time limit.

Sheila’s hypothetical surgical negligence claim should still be viable in theory. However, the surgeon, hospital, and their insurance companies would likely dispute such a claim on the basis that Sheila should have reasonably discovered the sponge before 10 years had passed. Patients need to be prepared for these arguments and entrust a lawyer who can effectively pursue an extension of the limitation period.

Bringing a Medical Negligence Claim Within Victoria’s Time Limit

If you suspect that a healthcare provider’s negligence caused you harm, you shouldn’t wait to speak with a lawyer who specialises in medical error claims. Swift action is essential for protecting your legal rights, ensuring that your claim is lodged within the time limit, and maximising the likelihood of a favourable outcome.

Medical errors require thorough investigation, ideally when potential proof of negligence may still be available. Your lawyer will work quickly to collect evidence and prove negligence on the part of medical professionals. This includes:

  • Your medical records
  • Medications you have been prescribed
  • Consent forms for medical treatments, surgeries, etc.
  • Bills for out-of-pocket medical expenses
  • Documentation of lost earnings and loss of earning capacity
  • Reports from doctors and other professionals documenting a significant injury

These and other forms of evidence enable your lawyer to establish fault on the part of the provider and calculate your entitlement to damages. Expert witness testimony can provide further support for your claim.

Contact Our Medical Negligence Lawyers Today

Henry Carus + Associates have extensive experience with Victorian personal injury law. We understand the challenges in bringing a medical negligence claim, but we don’t let these obstacles stop us from representing clients according to our philosophy of You Deserve More.

Concerned about the time limit for medical negligence claims in Victoria? Our team can get started right away, gathering all available evidence and consulting expert witnesses to prepare a strong claim on your behalf. We also handle negotiations with insurance companies and, if necessary, commence court proceedings. Our goal is to obtain the maximum compensation you deserve.

If you or someone you love has been injured due to medical negligence, call Henry Carus + Associates at 03 9001 1318 today. Your initial consultation is FREE and, with our No Win – No Fee policy, you don’t pay any fees until we win for you.

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How to Lodge a Public Liability Claim https://hcalawyers.com.au/blog/lodging-public-liability-claims/ Tue, 19 Aug 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93562 Public liability claims are legal actions brought against the occupier of a property for injuries sustained on the premises. They […]

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Public liability claims are legal actions brought against the occupier of a property for injuries sustained on the premises. They are a type of personal injury claim that may be lodged against an individual, a business, a local council or state government, and other organisations.

You may be entitled to compensation if someone’s negligence caused you to suffer injury in a public place. A Melbourne public liability lawyer can explore your rights and assist with all aspects of your claim.

Henry Carus + Associates have extensive experience with public liability claims. We can help prove that the property owner or occupier was negligent and seek to maximise your compensation. Call 03 9001 1318 today for a FREE, no-obligation consultation.

What Is an Example of a Public Liability Claim?

The term ‘public liability’ is somewhat confusing. People often assume that it only applies to accidents occurring on properties that are open to the public, or on premises owned and operated by public entities like the local council. In reality, public liability law also applies to private properties such as homes and businesses.

Common examples of claims where public liability may apply include:

Bottom line: You may be able to lodge a public liability claim if you are injured through no fault of your own on premises belonging to someone else. This encompasses countless different places you may visit, from local shops and footpaths to hotels, amusement parks, and more.

Do I Have a Public Liability Claim?

The question of negligence is central to all public liability claims. You need to show that the accident and your injuries were caused by the negligence of the occupier. Negligence is defined as the failure to take sufficient care to avoid injuring a person who is lawfully on the premises.

You will need to prove that the risk of harm was foreseeable, and the owner failed to take the necessary precautions. Furthermore, your claim must establish that the defendant’s negligence led to your injuries and damages.

We urge you to contact a public liability lawyer at Henry Carus + Associates to find out if you have a claim. You can also download our guide, Steps to take after a fall in a public place, to learn how you can protect your rights after one of the most common types of public accidents.

What Is the Process for Lodging a Public Liability Claim?

Public liability claims present unique challenges. These claims are governed by Victorian common law, meaning they fall outside the state’s compensation schemes for transport accidents and workplace injuries. Experienced legal representation is essential for obtaining compensation. The steps involved in lodging a public liability claim include:

1. Identify the Liable Party or Parties

The defendants in a public liability claim may include the owner of the property and/or a tenant who rents space on the premises. Legal expertise is essential for evaluating the liability of various parties and bringing legal action against them.

2. Provide Proof of Negligence

An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that any person on the premises will not be injured or damaged by reason of the state of the premises or of things done or omitted to be done in relation to the state of the premises.

Wrongs Act 1958 S. 14B

The above statute establishes the standard of care for occupiers of property in Victoria. For your public liability claim to succeed, you will need to show that the occupier did not meet this legal standard. This requires evidence such as:

  • Photos of the hazard
  • Witness testimony from people who saw the accident
  • Video or photo footage of the hazard and/or the premises prior to the accident
  • Documentation of previous hazards and safety violations on the property

Hazards that cause slips-and-falls and other incidents are often short-lived as they are cleaned up, repaired, etc. You should try to get all of the evidence you can before leaving the premises. If your injuries prevent you from documenting unsafe conditions or gathering other evidence of negligence, a lawyer specialising in public liability law can investigate on your behalf.

3. Document Your Injuries

Call 000 if you are seriously injured. If you are able to leave the scene on your own, you should see a doctor or go to the emergency room straight away. This will ensure that your injuries are properly documented and treated, minimise the risk of complications, and protect you from later claims by the defendant or insurer that your injuries were minor.

4. Report the Incident

Notify the owner or occupier that you were hurt on the premises. Many organisations will ask you to fill out a form describing the incident. Be truthful in your account and when interacting with representatives of the occupier, but don’t say anything to suggest you were at fault or provide unnecessary details.

5. Do NOT Speak with Insurers

Public liability insurers have one goal: to pay as little as possible when faced with a claim. Insurance adjusters often try to contact injured individuals before they understand how serious their injuries are and what legal entitlements they have. Don’t answer their questions or agree to discuss the incident on the record. Both of these decisions can lead to you getting far less compensation than you deserve, or none at all.

6. Contact a Public Liability Lawyer

The lawyer you choose should have extensive experience representing injured people in public liability claims. Read our Success Stories to see how Henry Carus + Associates have helped clients throughout Victoria obtain compensation for a wide range of public accidents.

7. Keep Good Records

Throughout your recovery and beyond, you need to keep complete records of your injuries and damages. Medical records, bills, and correspondence with healthcare practitioners and employers can show the seriousness of your injuries and the extent of damages. Share any and all documentation with your lawyer so they can prepare a strong claim on your behalf.

8. Calculate Damages

One of the most important ways an experienced lawyer can assist you in a public liability matter is to calculate the compensation you are due. Damages are the losses you experience as a result of an injury. They may include:

  • Past medical bills
  • Current and future medical expenses
  • Past loss of earnings
  • Diminished or total loss of future earning capacity
  • Pain and suffering
  • Loss of enjoyment of life

9. Attend Medical Assessments

To recover compensation for non-economic loss (which includes pain and suffering, loss of enjoyment of life, and loss of amenities), you will need to prove that you suffered a significant injury. Your lawyer can help guide you through the assessment process, which consists of one or more medical appointments to determine the degree of permanent impairment. If you meet the threshold (see the Wrongs Act 1956 S. 28LB), you can proceed with a claim for non-economic damages.

10. File the Claim

As a first step, we generally lodge a claim with the defendant’s public liability insurer. The insurance company may offer a settlement, but this is typically less than you deserve. Often, we are able to negotiate a more favourable settlement. In some cases, however, it may be necessary to initiate court proceedings.

Read More: How Do Public Liability Claims Work?

What Is the Time Limit for Public Liability Claims in Victoria?

Victoria’s limitation period for public liability claims is 3 years. The time limit generally starts on the date of the incident in which you were injured, but may be extended if the cause of action was not discoverable till a later date (see the Limitation of Actions Act 1958 S. 27D).

By taking action right away, you will be able to preserve critical evidence. An expert lawyer in public liability matters can prepare a strong claim on your behalf and ensure that it is filed within the limitation period.

Read More: Can I Make a Claim If I Get Injured in a Public Place?

How Henry Carus + Associates Can Help with Your Claim

Public liability claims are complex, and the likelihood of successfully resolving the matter on your own is low. Henry Carus + Associates believe You Deserve More, and we fight for the maximum compensation payout. You can trust our team to act in your best interest at all times and skilfully manage each aspect of your claim.

If you were injured on another’s property and you suspect negligence was a factor, call 03 9001 1318 today. We provide a FREE claim review, and you only pay fees if we obtain a favourable outcome for you. Our public liability lawyers serve clients throughout Victoria from offices in Melbourne and other metropolitan communities.

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How to Get the Most Compensation from a Car Accident Injury https://hcalawyers.com.au/blog/maximise-car-accident-compensation/ Sun, 03 Aug 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93559 Car accidents are serious events that can permanently affect your life. To obtain compensation for car accidents in Victoria, you […]

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Car accidents are serious events that can permanently affect your life. To obtain compensation for car accidents in Victoria, you will need to file a claim with the Transport Accident Commission (TAC). Having a qualified lawyer represent you is key for obtaining a favourable outcome.

Henry Carus + Associates have extensive experience with TAC claims. A Melbourne car accident lawyer at our firm will seek full payment of medical expenses, loss of earnings, and other benefits. We can also explore your entitlement to common law damages and skillfully navigate the TAC scheme for maximising additional compensation.

Keep reading for expert advice on how to get the most from a car accident compensation payout. If you are ready to discuss your claim, call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our car accident lawyers serve clients in Melbourne and all of Victoria.

How Much Compensation Do You Get from a Car Crash?

The value of a car accident claim depends on multiple factors, including the seriousness of your injuries, what medical care is required, the impact on your ability to work, and questions of fault. All victims of road accidents in Victoria are entitled to the following benefits from the TAC:

  • Medical treatments, support, and like services: In the first 90 days following a transport accident, the TAC pays for all necessary medical care. This includes emergency and hospital treatment, appointments with doctors and specialists, medication, rehabilitation, basic medical aids, and more. Treatments and services after 90 days require approval before the TAC will pay for them.
    • The TAC legislation is quite expansive in the support it can provide. For example, it can pay for services such as home help and gardening, medical expenses, specialist consultations, imaging, medication, personal support services etc. These benefits are ongoing as long as they are related to the accident and reasonable.
  • Income support: You are eligible for income support if you had to miss more than 5 days of work following a road accident. Income support generally pays 80% of your gross weekly wages. You will need to provide the TAC with a certificate of capacity from your doctor every fortnight to continue receiving benefits.
    • The benefits can be paid for up to three (3) years after the accident and up until retirement age for those assessed as having severe injuries.
  • Return to work support: TAC can pay for services to help you return to work after a road accident. This can include paying for re-training courses and further education.

As part of its no-fault scheme, people who have been injured in transport accidents and are assessed at a permanent impairment greater than 10% are entitled to a lump sum payment by the TAC.

You may also qualify for common law compensation if you are seriously injured due to someone’s negligence in a car accident or other incident involving the operation of a motor vehicle. Common law damages may be substantial in a serious accident, encompassing loss of earnings past and present as well as pain and suffering.

Estimating the total compensation from a car accident is all but impossible without knowing the specifics. At Henry Carus + Associates, we offer all clients of the TAC, regardless of past representation, a FREE Medical + Like Services Guarantee. We waste no time getting your medical expenses paid and needed treatments and services approved. Our team can also assess other entitlements you may have, always seeking the maximum on your behalf.

How Do You Get the Most Money Out of a Crash?

To get the car accident compensation you deserve, you need to take steps immediately to protect your rights. By following these 10 steps, you stand the best chance of the TAC accepting your road accident claim and getting maximum compensation for your injuries:

1. Report the Accident

In Victoria, transport accidents resulting in injury must be reported to the nearest police station as soon as possible. Dial 000 or call the local emergency line to summon a police officer to the scene. Provide the officer with an accurate account of the accident, as well as any requested information.

2. Exchange Information with Others

You will need to collect the following information from any drivers involved in the accident:

  • Names
  • Addresses
  • Contact information
  • Vehicle number plates
  • Year, make, and model of each vehicle
  • Vehicle registration number
  • The name of the owner of the vehicle (if different from the driver)
  • Insurance details (TAC is the sole compulsory third party insurer in Victoria, but it is important to verify that the owner has paid the transport accident charge so indemnity is in place)

All of this information is needed for lodging an accident claim with the TAC and getting the most compensation for your injuries and damages.

3. Collect Evidence at the Scene of the Accident

Unless you are seriously injured or it is unsafe to be on the road, take the opportunity to start collecting evidence at the scene. Our lawyers recommend that you:

  • Photograph the vehicles involved, the surrounding area, and any injuries.
  • Interview witnesses to the crash and get their contact information.
  • Look for nearby surveillance cameras, doorbell cameras, etc. that may have caught the crash. This footage may be used to determine fault for the accident.

4. Seek Medical Attention

First responders can determine whether you should be taken to hospital for your injuries. If you aren’t transported by ambulance, you should go to the emergency room or see a doctor on your own as soon as possible. You don’t want to wait until your injuries get worse, and timely medical attention ensures that your injuries are fully documented.

5. Apply for a Copy of the Accident Report

Traffic accident reports contain key details about the crash. You can apply for a copy of the report from Victoria Police on your own, or have a personal representative apply on your behalf.

We strongly recommend hiring a car accident lawyer to represent you if you have been injured in a transport accident. Contact Henry Carus + Associates today to learn how we can help.

6. Lodge a TAC Accident Claim

You have up to 1 year following a road accident to lodge a claim with the TAC. Claims may be filed online or by phone. If you have been hospitalised, staff at the hospital may also be able to make a claim on your behalf. Providing all required information upfront is the best way to get your claim approved and start having benefits paid.

  • Details of the Accident:
    • The date of the accident
    • Location of the accident
    • Description of the accident (i.e., the circumstances involved)
    • Names and contact details for all parties
    • Witness names and contact information
    • Vehicle registration numbers and other identifying characteristics
    • Police report number
    • For public transportation accidents, the date you reported the accident to the operator and the incident report number
  • Details of Your Injuries:
    • Written account of your injuries from the hospital or a treating healthcare professional. This may include a letter from your doctor, a certificate of capacity, a medical certificate, or hospital discharge summary.
    • Names and contact information for medical practitioners you’ve seen for your injuries from the accident, as well as any hospitals to which you were admitted.
  • Financial Details:
    • Details about your employment and income 
    • Whether you have, or are expected to have, more than 5 days off work
    • Banking information

A car accident compensation lawyer can help you collect the required information and lodge a TAC claim on your behalf.

Read More: How to Choose a TAC Lawyer

7. Keep Detailed Records

Staying organised is essential for ensuring that the TAC pays your expenses from the transport accident. Keep all medical bills, notes from doctors, communications with your employer, etc. You should also document any physical, mental, and emotional effects from your accident-related injuries. If the road accident has severe impacts on your day-to-day life, you may be entitled to additional compensation.

8. Follow Your Doctor’s Recommendations

Adhering to the treatment plan provided by your doctors is vital not only for recovering from your injuries but demonstrating their seriousness to the TAC. Be sure to take prescribed medications, keep up with doctor’s appointments, complete recommended courses of physiotherapy, etc.

9. Don’t Talk About the Road Accident Online

Social media platforms are a wonderful tool for communication and sharing ideas, but oversharing is one of the worst things you can do in a personal injury claim. The TAC is especially likely to scrutinise the social media profiles of anyone making a common law damages claim, as these can represent substantial payouts. Any posts that seem to downplay how serious your injuries are or call into question who was at fault could come back to haunt you.

10. Seek Legal Representation

Hopefully the importance of hiring a car accident lawyer is apparent by now. The point is worth repeating, though: If you have been injured in a road accident, it is in your best interest to hire a lawyer to represent you.

Many people are concerned about the cost of hiring a lawyer. Fortunately, Henry Carus + Associates offer a No Win – No Fee agreement where clients only pay for legal services if we are successful in their claim.

Can I Claim Compensation If the Accident Was Partly My Fault?

Another major concern people have when making a road accident claim is the effect of partial fault on their entitlements. The good news is that the TAC scheme for benefits such as medical and like services, income support, return to work services, and an impairment benefit are on a no-fault basis.

Common law claims require proving the fault of a third party. However, even if you are partially at fault, you can still make a claim for common law compensation with appropriate reductions for contributory negligence. This means compensation may be recovered if the claimant is partially at fault, but damages are reduced according to the percentage of negligence.

If you have been seriously injured in a road accident but you believe you are partly to blame, this should not stop you from exploring your right to common law damages. Fault can be a complex issue in car accident claims, and you may be entitled to more than you think. A skilled lawyer can assess the evidence and ensure that you get the car accident compensation you deserve.

Car Accident? Henry Carus + Associates Can Help

At Henry Carus + Associates, we believe You Deserve More. We consider it our duty not only to pursue maximum compensation for you if you have been seriously injured in a road accident, but to provide the highest standard of legal service and hands-on attention.

From disputing the denial of needed medical care to maximising common law compensation, many clients have benefited from our expert representation in road accident claims. View our TAC Success Stories to see how we have helped others in transport accident matters, and what we may be able to do for you.

Every claim for car accident compensation is unique. An experienced TAC lawyer in Melbourne can discuss how much you may be entitled to for your injuries. Call 03 9001 1318 today for a FREE, no-obligation consultation with Henry Carus + Associates.

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What Is the Average TAC Payout? https://hcalawyers.com.au/blog/average-tac-payout-road-accident/ Mon, 30 Jun 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93528 Every road accident is unique. As a result, each TAC claim needs to be assessed on an individual basis. Your […]

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Every road accident is unique. As a result, each TAC claim needs to be assessed on an individual basis. Your TAC accident payout may be substantial if you suffered a serious injury in a transport accident, but legal representation is critical for obtaining maximum compensation.

According to the Transport Accident Commission (TAC), people who suffer a serious accident-related injury (such as a spinal injury or traumatic brain injury) are paid $2.25 million on average. Before you can make a claim for common law damages and additional benefits, you will need to prove that your injuries meet Victoria’s statutory threshold. That is where our TAC lawyers in Melbourne can help.

Henry Carus + Associates is not your average law firm. We offer personalised legal services and dedicate ourselves to securing the best outcome based on your specific situation. We strive to ensure that any TAC accident payout will cover your current expenses, provide you with financial support for the future, and achieve justice for your injuries and damages.

Call 03 9001 1318 today for a FREE, no-obligation consultation. Our TAC lawyers handle all types of transport accident claims in Melbourne and throughout Victoria.

Calculating a TAC Accident Payout

A person injured in a road accident in Victoria is automatically entitled to certain benefits. Other forms of compensation (such as common law personal injury damages and impairment benefits) are only available if you meet certain criteria.

A payout from the TAC may include:

Medical Expenses and Supports

The TAC is obligated to pay for reasonable medical expenses after a road accident. Supports and services that are generally covered by the TAC include:

  • Ambulance transport
  • Hospital care
  • Doctor appointments
  • Medical services
  • Allied health and physical therapies
  • Surgical procedures
  • Medical imaging (X-rays, ultrasound, CT scans, MRIs)
  • Basic medical aids
  • Prescription medications
  • Support services

Medical practitioners involved in your care are expected to abide by the TAC’s payment rates. You may be responsible for ‘gap payments’ if the cost of a treatment or service exceeds the TAC rate.

Henry Carus + Associates offer a one-of-a-kind Medical + Like Services Guarantee to all TAC clients. Learn how we can help get your medical expenses paid, at no cost to you.

Income Support

You may be eligible for income support from the TAC if your injuries cause you to miss more than 5 working days after a road accident. Workers are generally entitled to 80% of their regular wages, up to a maximum of $1,690 per week.

For many accident victims, going back to work is vital for their recovery and financial security. The TAC offers return to work support services such as counselling, referrals to healthcare practitioners, and more.

The TAC requires you to submit a Certificate of Capacity once every fortnight to receive income support payments. If you are unable to return to work at your prior capacity 18 months from the date of the accident, you may be entitled to loss of earnings capacity (LOEC) benefits.

Common Law Compensation

TAC accident payouts are generally much higher when common law damages are involved. Common law damages are associated with additional losses due to serious injuries. These include pain and suffering and loss of past and future earnings.

Claims involving serious injuries tend to be much higher because of common law damages. As we mentioned above, the average payout from the TAC for a serious injury is $2.25 million. During your FREE consultation, our lawyers can discuss the potential value of your claim.

At present, common law damages for past and/or future earnings (known as pecuniary losses) are capped at $1,530,470. The maximum compensation available for pain and suffering is $680,160. A skilled TAC transport accident lawyer can calculate the extent of damages and ensure the payout fully reflects your loss.

Common law compensation may only be obtained if you suffer a serious injury in a transport accident (as defined by TAC legislation). Examples include:

  • Injuries resulting in long-term impairment or disability of a bodily function
  • An injury that causes permanent disfigurement
  • Injuries resulting in severe mental or behavioural issues
  • The loss of a foetus in a motor vehicle accident
  • 30%+ permanent impairment

You will also need to prove that someone else was at fault for the accident to recover common law compensation. Henry Carus + Associates have a detailed understanding of the rules for proving fault in road accidents. We waste no time collecting evidence of negligence on the part of the other driver.

Impairment Benefit

The TAC pays an impairment benefit if you suffer a permanent physical or mental injury as a result of a transport accident. Impairment may only be assessed by qualified medical practitioners, and you are only eligible for the benefit if the degree of impairment is found to be 11% or more.

You may need to attend multiple medical examinations for your impairment to be fully assessed. The entitlement you are due is based on the percentage of permanent impairment.

Level of ImpairmentImpairment Benefit Amount
11%–20%$9,580–$26,060
21%–30%$28,660–$52,060
31%–40%$54,660–$78,060
41%–50%$80,660–$104,690
51%–60%$107,720–$135,490
61%–70%$138,990–$170,490
71%–80%$173,990–$208,480
81%–90%$215,400–$284,930
91%–100%$298,840–$437,830

Sometimes disputes arise concerning a claimant’s injuries and their entitlement to impairment benefits. Our lawyers can push for the TAC to review the decision or, if necessary, have the matter referred to the Victorian Civil and Administrative Tribunal (VCAT).


The totality of benefits and other compensation represent the overall value of a TAC accident payout. No two claims are exactly alike, so the only way to know what entitlements you have and how much compensation you can expect is to consult an accident lawyer well-versed in TAC claims.

At Henry Carus + Associates, we are not average. Neither are you or your injuries. While we can provide you with an expert answer to the question ‘What is the average TAC payout?’, our main focus is obtaining full compensation based on your particular situation. Because You Deserve More.

What Is the Maximum Payout for a Road Accident?

We consider multiple factors when evaluating the compensation available for a car accident or other transportation incident in Victoria. Some of the most common questions we get from clients of the TAC include:

How Do I Know If I Have a Serious Injury?

An injury or combination of injuries must meet the threshold set by the TAC to be considered serious. Our TAC accident lawyers can seek a Serious Injury Certificate and help guide you through any required medical assessments.

How Much Can I Claim for Pain and Suffering?

Pain and suffering damages compensate you for the physical pain of your injuries, the toll on your mental health, and the loss of enjoyment of life you experience following a serious road accident. As of 1 July 2025, the TAC caps pain and suffering at $680,160. We collect evidence showing all the ways the accident has impacted your life to advocate for maximum common law damages.

Read More: Can I Claim for Pain and Suffering?

How Much Can I Claim for Past and Future Earnings?

If you have lost earnings as a result of the accident and will continue to see loss of earnings in the future due to a serious injury, you can claim up to $1,530,470 in pecuniary losses. Financial records can establish the wages you have lost to date, while expert testimony is often necessary to prove the earnings you will lose in the future.

What If My Injuries from the Road Accident Were Minor?

First, do not assume that your injuries are minor. You should seek medical attention as soon as possible. If doctors determine that your injuries are relatively minor (such as mild whiplash, a broken bone that will fully heal in time, etc.), you would likely only be entitled to compensation for medical expenses, support services, and income support if you miss work.

How Do I Prove I Wasn’t at Fault for the Accident?

Fault for a transport accident isn’t always clear-cut. Evidence such as photographs of the positioning of the vehicles and the location of damage, witness testimony, and more can help prove that the other driver was at fault. This is essential for maximising the damages in a common law claim.

Read More: Who’s at Fault in a Car Accident?

What Is the Role of the TAC in a Common Law Claim?

In Victoria, virtually all drivers have compulsory third party insurance through the TAC. As such, the TAC effectively acts as the insurer for the at-fault driver when you make a common law accident claim. This means the TAC has a vested interest in minimising your common law damages payout. Having a capable legal team on your side is of the utmost importance for recovering all losses.

How Long Does It Take to Settle a Common Law Claim?

On average, it takes about 12 months to reach a settlement in common law matters. The TAC’s Common Law Protocols create a framework for efficiently resolving claims. Henry Carus + Associates specialise in TAC accident claims and have extensive experience with these protocols, enabling us to reach favourable settlements quickly and, in most cases, without having to go to court.

Can I Make a TAC Claim If I’m Not a Resident of Victoria?

Out-of-state visitors can lodge a TAC claim if (a) they were injured in a motor vehicle accident in Victoria and/or (b) the vehicle was registered in Victoria. It is vital to choose a law firm located in the community where the accident took place, as that provides the greatest likelihood of success. Local lawyers understand their state’s compensation scheme, as well as knowledge of the area where the accident occurred, providing you with the best possible representation.

Get the Maximum TAC Accident Payout

Motor vehicle accidents can result in serious, life-altering injuries. You may be entitled to significant compensation, but the TAC doesn’t make it easy. Henry Carus + Associates can fight for the full benefits you are entitled to, as well as common law damages if another driver’s negligence caused you severe harm.

Our lawyers view you as an individual, not a file in a folder. We are personally invested not only in the outcome of your claim, but your well-being and future.

Clients who are seriously hurt in road accidents often have a lifetime relationship with the TAC. Our team is here for you throughout that journey, helping you get necessary medical expenses paid and fighting for common law and impairment benefit payouts.

Call Henry Carus + Associates at 03 9001 1318 today. During your FREE, no-obligation consultation, we will identify all TAC entitlements you are due and start preparing a strong claim on your behalf.

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Can I Make a Claim If I Slipped on the Floor in a Supermarket? https://hcalawyers.com.au/blog/supermarket-slip-and-fall-claim/ Sun, 01 Jun 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93501 Picture this: You go down the shops and, while you are in the supermarket, you slip and fall on the […]

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Picture this: You go down the shops and, while you are in the supermarket, you slip and fall on the floor. Maybe something spilled in the aisle, or another shopper tracked in wet footprints. If you slipped on the floor in a supermarket and suffered injury, you may be able to lodge a supermarket slip and fall claim.

You owe it to yourself to explore your legal rights if you have been injured in a slip and fall accident at your local Coles, Woolworths, or another supermarket. Henry Carus + Associates can determine whether you have a claim and help you pursue maximum compensation.

Call 03 9001 1318 today for a FREE, no-obligation consultation. Our slip and fall accident lawyers serve clients in Melbourne and all of Victoria.

What Is a Supermarket Slip and Fall Claim?

Slipping and falling can lead to serious injuries. These injuries can leave you with medical expenses, force you to miss work, and cause significant pain and hardship. If dangerous conditions at a supermarket caused you to slip and fall, you may be able to lodge a claim for compensation.

In Victoria, the Wrongs Act 1958 establishes the right to bring legal action against the occupiers of premises whose failure to exercise reasonable care results in injury. This includes supermarkets, which have a duty of care towards the safety of shoppers.

Public liability insurance provides cover if someone is injured on the premises of a supermarket or other business. However, fair compensation is not guaranteed, and public liability claims are seldom cut-and-dried. That is why it is beneficial to speak to a lawyer if you slipped, fell, and were injured on the floor in a supermarket.

Common Slipping and Tripping Hazards in Supermarkets

Most people don’t think of the supermarket as a particularly dangerous place. However, there is no shortage of obstacles and hazards at the nearest Woolworths, Coles, or Aldi. Dangers that can lead to slips, trips, and falls in the supermarket include:

  • Spilled liquids
  • Dropped fresh produce such as grapes, all sorts of dry goods, etc.
  • Boxes, paper, packing material, and other debris
  • Freshly mopped floors without any warning signs
  • Leaking refrigerant
  • Water or other liquids leaking from stock-moving trolleys in aisles

Some of these hazards could be abated if shops take the necessary care to protect their customers. For example, regular inspection and cleaning procedures can detect spills and other slipping and tripping hazards before someone gets hurt. Putting up warning signs can alert shoppers that a freshly cleaned floor might be slippery.

If you believe the supermarket failed in its duty of care and you were injured as a result, you may have a supermarket slip and fall claim. A knowledgeable lawyer can explain your legal options.

Reach out to Henry Carus + Associates for FREE.

Common Injuries in Supermarket Slips and Falls

The injuries sustained in a fall can range from relatively mild to severe. Some of the most common injuries associated with slip and fall accidents include:

  • Hand and wrist injuries
  • Ankle injuries
  • Knee injuries
  • Hip injuries
  • Broken bones
  • Soft tissue injuries to muscles, tendons, and ligaments
  • Head injuries
  • Back, neck, and spinal injuries

Supermarket owners and managers should take steps to minimise the risk of injury for shoppers. Unfortunately, negligence can cause accidents with serious repercussions.

For example: Fiona contacted our firm after she slipped and fell on a spinach leaf at her local supermarket. She suffered injury to her knee and hand, which she stretched out to brace herself in the fall. Ultimately, we were able to negotiate a fair settlement with the supermarket management.

Read Fiona’s Story.

Who Is At Fault If I Slipped on the Floor in a Supermarket?

Like all businesses that are open to the public, supermarkets and other retailers must take reasonable steps to ensure that patrons will not suffer injury due to conditions on the property or employees’ actions or failure to act.

Fault can be a complicated issue in slip and fall claims. Defendants often try to blame the claimant in an effort to escape liability.

What If I Didn’t See the ‘Wet Floor’ Sign?

One of the most common concerns we hear from clients who slip and fall in the supermarket is that they may have overlooked a ‘Caution: Wet Floor’ sign in the vicinity. It’s common for your mind to play tricks on you after a serious injury; you might have trouble remembering if the sign was there or if you saw it before you fell.

Representatives for the supermarket and the public liability insurer are very likely to say that you failed to keep a proper lookout. Their goal is to minimise what they have to pay, or avoid a payout altogether.

Even if you were partly at fault, you may be able to make a claim after falling in the supermarket. Victoria’s contributory negligence rule allows you to recover some compensation, with damages reduced according to your percentage of fault.

Are you concerned about not noticing caution signs or other mistakes that may affect your rights? Read our article on partial fault in these matters and why you may still have a viable claim.

When Is the Supermarket at Fault?

In a supermarket slip and fall claim and other public liability matters, fault is based on negligence. Potential examples of negligence include:

  • Not cleaning up spills in a timely manner
  • Inadequate signage in areas being cleaned
  • Failure to inspect the premises for slipping and tripping hazards
  • Not placing non-slip mats or flooring in high-risk areas
  • Inadequate lighting
  • Careless manoeuvring or placement of trolleys
  • Negligent employee training
  • Failure to implement cleaning and maintenance procedures

Clear and convincing evidence is needed to prove the supermarket was at fault for the slip and fall accident. You might notice some signs of negligence immediately after (such as the absence of a ‘Caution’ sign), whilst others are only discovered through in-depth investigation. A skilled slip and fall lawyer can investigate to determine whether you have a public liability claim.

For example: Bruce was shopping at his usual supermarket when he slipped on a puddle of water in the produce department. There were no signs in the area to warn Bruce of the slipping hazard. We were able to prove that the supermarket did not have the necessary procedures in place for monitoring and cleaning up spills, enabling us to negotiate a favourable settlement for Bruce.

Read Bruce’s Story.

How Much Compensation Do You Get for Falling in a Supermarket?

There is no ‘average’ slip and fall injury settlement or payout. Factors such as the seriousness of your injuries and the damages you incur will affect the compensation you are due.

You may be entitled to recovery of the following losses in a supermarket slip and fall claim:

  • Medical bills and rehabilitation expenses
  • Lost wages and earnings
  • The cost of household assistance
  • Medical-related travel, assistive devices, and other out-of-pocket expenses
  • Loss of earning capacity
  • Pain and suffering
  • Lost quality and enjoyment of life

Having a qualified public liability lawyer on your side is essential for maximising your compensation from a supermarket fall. Your lawyer can assist with multiple aspects of the process, such as proving that you have a significant injury (a prerequisite for claiming non-economic damages) and fighting for a favourable outcome.

Most slip and fall accident claims are resolved via settlement negotiations with the supermarket’s lawyers and the public liability insurer. For example: Henry Carus + Associates represented Connie after she slipped and fell on a lettuce leaf while grocery shopping. The supermarket initially offered Connie just $500 for her losses. We engaged in settlement negotiations with the supermarket’s insurer, ultimately obtaining a settlement that covered all of Connie’s medical expenses and compensated her for pain and suffering.

Read Connie’s Story.

Few public liability matters end up going to court. However, it is important to be prepared for that possibility.

Can I Sue a Supermarket If I Slipped and Fell?

Woolies, Coles, and other supermarket chains have large legal teams whose goal is to dispute liability and make claims go away. If the supermarket refuses to accept responsibility for your injury, it may be necessary to commence legal proceedings.

The thought of going to court is probably a scary one. Fortunately, the likelihood of the matter getting this far is relatively low. After being sued, most defendants and insurers try to bring litigation to a close by negotiating a fair settlement. This is especially true if the claimant is represented by a specialist public liability lawyer.

An experienced lawyer can sue the supermarket and, if necessary, go to court. They can also absorb the expenses of preparing the claim through a No Win – No Fee Agreement, ensuring you do not need to be concerned about the cost of legal services while the matter is in progress.

What to Do If You Slip on the Floor in a Supermarket

There are steps you can take immediately after a slip and fall to preserve your claim. Your well-being should be your first priority (call 000 or go to the emergency room immediately if your injuries are serious), but these tips can help you get the evidence you need:

  1. Take photos of the slipping hazard.
  2. Get pictures of the surrounding area of the supermarket.
  3. If something still remains on the bottom of shoes, take photographs of it.
  4. Photograph your injuries.
  5. Speak to any nearby witnesses and get their contact details.
  6. Look around for surveillance cameras that may have caught the accident.
  7. Write down the details of the accident while it’s fresh in your mind.
  8. Notify an employee or manager what happened and fill out an incident report.
  9. Get medical attention and keep all medical records.
  10. Stay organised; keep bills and receipts, proof of lost income, etc.
  11. Contact a slip and fall injury lawyer.

A lawyer well-versed in slip and fall accidents will use the information you’ve gathered so far to prepare a strong claim on your behalf. In addition to proving negligence on the part of the supermarket, your lawyer can counsel you through all aspects of your supermarket slip and fall claim. This may include significant injury assessments, referral to a Medical Panel, and (if needed) court proceedings.

Time Limit for Lodging a Slip and Fall Claim

You have limited time to bring a claim if you are injured as a result of slipping on the floor in a supermarket. Victoria’s general limitation period for public liability claims is 3 years. You may lose the right to compensation if you wait, so it is crucial to consult a slip and fall injury lawyer as soon as possible.

Injured in a Supermarket? Get the Advice You Need

At Henry Carus + Associates, our philosophy is You Deserve More. In addition to pursuing the maximum compensation you deserve, we pride ourselves on offering the highest standard of legal service with compassion and care.

You are much more than an injury or a file to us; you are a unique individual in need of personalised support and guidance. Our lawyers draw upon 40+ years of combined experience in public liability law and extensive success in these matters to bring your supermarket slip and fall claim to a favourable conclusion.

For a FREE, no-obligation consultation, call Henry Carus + Associates at 03 9001 1318 today. Our slip and fall accident lawyers serve clients throughout Victoria from offices in Melbourne and the metro area.

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How to Choose a TAC Lawyer https://hcalawyers.com.au/blog/choosing-tac-lawyer/ Mon, 19 May 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93512 The Transport Accident Commission (TAC) is the only compensation scheme for road accidents in Victoria. If you have been injured […]

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The Transport Accident Commission (TAC) is the only compensation scheme for road accidents in Victoria. If you have been injured in a transport accident, a skilled lawyer can help you lodge a claim with the TAC. Choosing a TAC lawyer can be difficult if this is the first time you’ve been in an accident.

At Henry Carus + Associates, we believe You Deserve More – more care, more connection, more compensation. Our TAC lawyers in Melbourne seek to maximise your compensation while providing you with reliable, timely updates on the status of your claim.

Keep reading to find out what to look for when choosing a TAC lawyer and to see how Henry Carus + Associates can be of service to you. Or, you can call us at 03 9001 1318 today for a FREE, no-obligation consultation at one of our offices in the Melbourne metro area.

Why Do I Need a Lawyer for a TAC Claim?

The TAC provides certain no-fault benefits to anyone in Victoria who is injured in an accident involving a motor vehicle. Knowing this, you may be wondering why it’s necessary to have a lawyer at all. Not all TAC clients need legal representation, but there are some situations where having a lawyer is essential for success. These include:

  • You need assistance lodging a TAC claim; the process can be intimidating.
  • The TAC refuses to pay for reasonable medical expenses and like services, income support, and/or other benefits.
  • You’ve suffered a serious injury and need help applying for common law compensation.
  • Fault for the accident is disputed, which can jeopardise your common law claim.
  • You are unsure whether you’re entitled to an impairment benefit and need help with the process.
  • A question is referred to a Medical Panel.

Obtaining full benefits and any additional compensation you deserve may come down to the decision to hire a lawyer. Knowledgeable TAC lawyers can handle all of the paperwork and effectively navigate the claims process on your behalf.

What to Look For When Choosing a TAC Lawyer

Some people can go their entire lives without needing a lawyer. Those who do need a lawyer usually don’t know where to begin. Your first instinct might be to pull up your favourite search engine and look for something like ‘car accident lawyer near me’. That’s a good start, but do you know what you’re looking for?

The most important qualities when you’re trying to find a TAC lawyer include:

Knowledge of TAC Claims

The Transport Accident Commission was founded nearly 40 years ago with the passage of the Transport Accident Act 1986. It has undergone numerous changes over the years through actions by the Parliament of Victoria and legal decisions in the courts. Our Henry Carus, prior to founding Henry Carus + Associates, worked as an advisor to the TAC, providing him with an in-depth knowledge of the government agency. Today, TAC claims are complex legal matters requiring extensive knowledge of both the legislation and case law.

When you are choosing a TAC lawyer, make sure the information on their website demonstrates expertise in road accident claims. Another indicator of advanced knowledge is specialist accreditation in Personal Injury Law by Law Institute Victoria (LIV).

A lawyer who is recognised as an LIV Accredited Specialist in Personal Injury Law—as Henry Carus does—has demonstrated a comprehensive understanding of, and exceptional skill in, personal injury matters. Transport accidents make up a significant share of personal injury claims, but it is important to verify that this is an area of focus for the lawyer or firm.

Read More: Why Choose an LIV Accredited Specialist?

TAC Experience

Legal experience has two key components. The first is years of experience. LIV Accredited Specialists must have been a practising lawyer for a minimum of 5 years and working in their field of specialisation for at least 3 years. The more years a lawyer has been focussing on TAC claims, the better they should be able to represent you.

The second aspect of experience is practical knowledge of different types of claims. When you’re looking for a TAC lawyer, the one you choose should be well-versed in the type of accident and the injuries you’ve sustained. For example, if you sustained a head injury in a motorcycle crash, you need a motorcycle accident lawyer with an in-depth knowledge of head injuries.

Participation in Common Law Protocols

If there is one situation where having a TAC lawyer is essential, it’s common law claims. Common law compensation includes damages such as:

You can only make a claim for common law damages if you are seriously injured in a motor vehicle accident. If you meet this threshold, you then need to prove the other party was at fault.

The TAC’s Common Law Protocols create a framework for efficiently resolving common law claims. Lawyers who participate in these protocols know how to work within the TAC system and provide you with effective representation. This typically results in claims getting resolved faster, as well as a greater likelihood of success.

Reviews and Testimonials

The firm’s reputation is one of the most important factors to consider. Every reputable lawyer website should include reviews and testimonials from satisfied clients.

Use your judgement when reading online reviews, as they are not always legitimate. Look for details about the client’s experience with the firm—not just the outcome but how clients were treated and whether they’d recommend them to others.

Read Success Stories from Satisfied TAC Clients

Accessibility

When you hire a lawyer, they should treat you like a person—not a name or file number. Firms that truly care about their clients make themselves available to answer questions and discuss claims, even if it’s outside business hours.

Some lawyers give clients their personal mobile number and encourage them to call at any time. Others have dedicated staff who can be reached 24/7.

Contact Henry Carus + Associates Today

Large law firms tend to offer bog-standard service, dealing more in the volume of claims rather than offering personalised representation. At Henry Carus + Associates, we pride ourselves on offering 5-star care throughout the entirety of each claim. Clients of the TAC may need legal support throughout their lives, which is why we make building positive relationships a priority and provide a FREE Medical + Like Services Guarantee for life to all TAC clients, regardless of past representation.

Efficiency & Results

Confidence is key when choosing a TAC lawyer. Reading about other claims they’ve handled is a good start, but the only real way to get a sense of whether your claim may be resolved favourably and in a timely manner is to meet with the lawyer and discuss the details.

No two TAC claims are exactly alike, and prior results do not guarantee a similar outcome. However, hiring a skilled TAC lawyer with a proven track record in transport accident claims should instil confidence in their ability to obtain the result you deserve.

No Win, No Fee

It is vital to confirm upfront what you will be expected to pay and when for TAC legal services. Most TAC lawyers in Melbourne use conditional costs agreements for road accidents and other personal injury matters.

All information about legal fees should be provided to you upfront and thoroughly explained before you hire the firm. Experienced TAC lawyers may be able to provide a fairly accurate estimate of how much you may have to pay in legal fees. This estimate is based on the lawyer’s experience, the complexity of the claim, and the compensation you are due.

Henry Carus + Associates represent clients in TAC claims on a No Win – No Fee basis. Your initial consultation is 100% FREE. Many firms require clients to pay disbursements regardless of the outcome, but you only pay us legal costs (plus an uplift fee) if and when we are successful for you.

Personal Connection

Qualifications and experience are important, but sometimes the vibes are just off. You need a lawyer who is compassionate, listens to your story, and puts you at ease. If you find them to be stiff or high-handed, or the staff just don’t seem to care about you, it is best to follow your instincts and look elsewhere.

A positive relationship with your lawyer is crucial for achieving a successful outcome. Don’t be afraid to meet with multiple lawyers until you find one with whom you feel comfortable.

Questions to Ask a TAC Lawyer

Most people don’t know how to find a TAC lawyer after being injured in an accident. Fortunately, a few simple questions can help you assess a lawyer’s credentials and whether they may be a good fit for your needs:

  • How long have you been practising law?
  • Do you focus on TAC claims?
  • Have you taken on claims like mine?
  • Do you participate in the TAC Common Law Protocols?
  • Are you an LIV Accredited Specialist in Personal Injury Law?
  • What entitlements from the TAC do I have?
  • How long before I get my benefits?
  • Am I entitled to any other compensation?
  • Do I have a common law compensation claim?
  • What is the process for making a TAC claim? Do I need to do anything?
  • Do you have a ‘No Win – No Fee’ policy?
  • What do you expect my legal fees will be?
  • Am I responsible for any costs until the claim is settled?
  • Will you be handling my claim personally?
  • If anyone else is working on my claim, can I meet them?
  • When can I contact you with questions or concerns?
  • How often will you provide me with updates on my case?

Legal advice can be beneficial for anyone making a TAC claim. These questions can help you find the right lawyer who will advocate for the full benefits and other compensation you are due following a road accident.

Need Help Choosing a TAC Lawyer?

There are a number of TAC lawyers in Melbourne to choose from. Henry Carus + Associates are distinguished by the following:

  • Our principal and founder, Henry Carus, is an LIV Accredited Specialist in Personal Injury Law. He has maintained this status for nearly 30 years.
  • We offer a unique Medical + Like Services Guarantee. If the TAC refuses to pay for needed medical treatment or supports, our lawyers will fight to have the decision reversed. This service is available FREE to all clients of the TAC—whether you’ve used our firm in the past or not.
  • You Deserve More. That’s the motto of our firm, and it reflects our philosophy of seeking maximum compensation while providing individualised legal service.

Our knowledge of TAC legislation is unmatched, and we have extensive experience managing accident claims involving cars, motorcycles, trucks, pedestrians, bicycles, and more. 

Henry Carus + Associates Can Help

Choosing a TAC lawyer doesn’t have to be difficult. With offices in Melbourne, other metro communities, and the ability to connect online, we provide legal services to accident victims throughout Victoria. Our lawyers specialise in all aspects of the TAC claims process. We have helped numerous clients obtain common law compensation for serious injuries.

Call 03 9001 1318 for immediate assistance with a TAC matter. Your consultation is FREE, and you don’t pay anything until we obtain a favourable outcome.

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Can I Sue a Massage Therapist? https://hcalawyers.com.au/blog/massage-therapy-negligence-claim/ Wed, 30 Apr 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93487 Massage therapists, remedial masseuses, and other qualified practitioners are specially trained professionals. They are expected to uphold the standards of […]

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Massage therapists, remedial masseuses, and other qualified practitioners are specially trained professionals. They are expected to uphold the standards of their profession to aid in their clients’ healing journey. If you were injured by a massage therapist, you may be able to pursue compensation for injuries through a massage therapy negligence claim.

At Henry Carus + Associates, we pride ourselves on developing innovative solutions for novel and emerging legal situations. Recently, a number of people in and around Melbourne have reported suffering significant injuries as a result of remedial massage. Our Melbourne-based personal injury lawyers are committed to exploring all available legal options for people who have been seriously injured due to a massage therapist’s negligence.

Find out if you have a massage therapy negligence claim. Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our personal injury lawyers serve clients throughout Victoria from multiple offices in Greater Melbourne.

What If a Massage Therapist Hurts You?

Massage therapists manipulate muscles, ligaments, and tendons to reduce pain and promote well-being. Remedial massage is a specific type of therapeutic massage focussed on rehabilitating injuries and alleviating musculoskeletal conditions. Myotherapy is a targeted form of massage that aims to relieve soft tissue pain by releasing trigger points in muscle fascia.

During each of these therapies, it is normal to feel some amount of discomfort. You may also experience some soreness after a massage therapy session. However, you should not experience severe pain or injury during or after massage therapy.

Signs that a massage therapist may have injured you include:

  • Persistent pain in the neck, back, shoulders, hips, etc.
    • This may be a symptom of everything from a muscle tear to a herniated disc
  • Reduced range of motion
  • Headaches, potentially accompanied by nausea and vomiting
  • Dizziness, loss of balance, and vertigo
  • Nerve pain; symptoms of nerve injury, nerve compression, or a pinched nerve include:
    • Numbness or weakness
    • ‘Pins and needles’ sensation
    • Radiating pain down an arm or a leg
  • Joint dislocation; in addition to intense pain, you might notice that the joint is:
    • Bruised
    • Swollen
    • Difficult or impossible to move
    • Visibly malformed and out of place 
  • Aggravation of a pre-existing injury or condition

In extreme cases, negligence on the part of a massage therapist may have life-threatening consequences. Last year, a woman in Geelong sued a massage therapist and a clinic after she claims to have suffered a stroke from an overly aggressive remedial massage.

The risk of stroke from a massage is considered extremely rare. However, the director of the Victor Chang Cardiac Research Institute told ABC News that forceful massage to the neck could lead to an arterial dissection (a tear in an artery wall), which may lead to a stroke if a blood clot forms and travels to the brain. Know the warning signs of a stroke.

Speak to a Personal Injury Lawyer

If you experience severe, lingering pain; an injury; or a medical emergency and you suspect the negligence of a massage therapist or remedial masseuse may have been a factor, you should speak with a personal injury. You may have a massage therapy negligence claim. Henry Carus + Associates are available to review your claim and determine whether you are entitled to compensation.

When Can I Sue a Massage Therapist for Negligence?

You may be able to bring a claim against a massage therapist if you can show that their negligence led to your injury. The elements you will need to prove in your claim are:

  1. The massage therapist owed you a duty of care. Massage therapists must abide by the Massage Therapy Code of Practice, which requires practitioners to ‘avoid acts or omissions that are likely to cause harm to their clients.’
  2. The massage therapist breached the duty of care. Potential breaches of the duty of care include ignoring your wishes concerning treatment, failure to examine you before providing treatment, improper massage techniques, etc.
  3. The breach of duty caused your injury. Your medical records and testimony from treating doctors can help to establish that your injuries occurred because of the actions of the massage therapist. This can be difficult to prove, especially if you sought remedial massage or myotherapy for a pre-existing condition or injury.
  4. You suffered damages as a result of the injury. Damages refer to economic and non-economic losses. You may be entitled to compensation for medical expenses, lost earnings, pain and suffering, and more.

In Victoria common law personal injury claims, you may only obtain damages for non-economic loss (such as pain and suffering, loss of enjoyment of life, etc.) if you have a ‘significant injury’. The definition of ‘significant injury’ is found in Section 28LF of the Wrongs Act 1958.

A knowledgeable lawyer can review your massage therapy negligence claim and determine whether your injuries might meet the significant injury threshold. You will need to undergo a specialised medical assessment to confirm. An injury is considered significant if it results in permanent impairment of 5% or more for spinal injuries and more than 5% for other types of physical injuries.

It doesn’t take a traumatic accident to cause a significant injury. A Current Affair recently reported the story of a woman who is suing a massage therapy centre for a severely herniated disc that has resulted in debilitating neck pain and for which she has undergone five surgeries. She is seeking compensation for pain and suffering, in addition to economic damages.

Who Pays for Damages?

Massage therapists aren’t legally required to have insurance, but many practitioners purchase professional indemnity cover to protect them from legal claims. Public liability insurance generally provides cover for business entities (such as a massage therapy clinic) if they are sued for personal injury.

Both the massage therapist and the clinic may be liable for injuries and damages. Unfortunately, making a massage therapy negligence claim isn’t always easy.

Practitioners of remedial massage and myotherapy often deny responsibility, claim that the client is mistaken, and/or argue that the injury was from a pre-existing condition and not the therapy. A skilled lawyer will investigate to determine what caused your injury and who is responsible.

Can I Sue a Massage Therapist? Find Out If You Have a Claim

You went in for massage therapy hoping it would loosen up your muscles and help you feel better. Maybe you even thought it would alleviate stubborn back pain, neck pain, or another longstanding complaint. Now you’re in more pain than before, struggling with day-to-day activities, unable to work, and perhaps even in need of expensive medical treatment.

Was the massage therapist negligent? It’s a possibility, but the only way to find out if you have a claim is to consult a personal injury lawyer.

Contact Henry Carus + Associates Today

Henry Carus + Associates handle a wide range of injury claims. We believe You Deserve More—both maximum compensation for your losses, as well as the highest standard of legal service and advocacy.

Our firm combines an in-depth understanding of Victoria’s personal injury legislation with an individual focus on the specifics of your claim. This unique approach enables us to pursue all options for obtaining a favourable result on your behalf.

If you were injured by a massage therapist in Melbourne or elsewhere in Victoria, don’t hesitate to reach out to Henry Carus + Associates. For a FREE, no-obligation consultation, call 03 9001 1318 today.

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How to Make a Compensation Claim Against the Local Council https://hcalawyers.com.au/blog/compensation-claims-against-local-councils/ Mon, 14 Apr 2025 21:00:00 +0000 https://staging.hcalawyers.com.au/?p=93470 Local councils in Victoria are responsible for meeting the needs of the community. For the most part they do the […]

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Local councils in Victoria are responsible for meeting the needs of the community. For the most part they do the job well, providing a variety of services and facilities. However, negligence on the part of a council can result in serious injuries. These incidents may give rise to compensation claims against local councils.

Injuries and accidents on council land, public buildings, and other areas generally fall under public liability law. These are complex legal matters requiring the assistance of a knowledgeable lawyer.

Henry Carus + Associates have a lengthy history of holding councils accountable for injuries sustained by people in public spaces. This includes successfully resolving compensation claims against local councils, including numerous instances where our clients were injured on either unsafe footpaths or sunken/damaged pit lids.

Below, we describe the steps involved in lodging a claim against the local council. If you are in need of immediate assistance, you can call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. We serve clients in Melbourne and throughout regional Victoria.

Can I Claim Compensation from My Local Council?

You may be able to lodge a claim against your local council if you:

(a) Suffer an injury on premises owned and/or operated by the council;
AND
(b) Can establish that the injury was caused by the council’s negligence.

The public spaces and areas that local councils are responsible for include:

Just like private property owners, local councils may be held liable for failing to address known hazards. These include common slipping and tripping hazards such as potholes, broken pavements, inadequate lighting, liquid spills, loose gravel, etc.

Other potential grounds for a public liability claim include incidents arising from the council’s failure to uphold certain functions.

This may include dog attacks due to negligent animal control, drownings from improper management of storm drains and waterways, injuries from falling tree branches, and more.

If you suffered injury on council land or a public space, you may be entitled to compensation. A qualified public liability lawyer can review your legal options, including a claim against the local council.

How to Make a Claim Against Your Local Council

Local councils have procedures for resolving personal injury claims. Unfortunately, not everyone will receive the compensation they deserve. You need to take action quickly to preserve evidence and protect your rights.

Crucial steps in compensation claims against local councils include:

1. Document the Incident

Make note of where the incident occurred. This may include the exact address, a street or intersection, or the approximate location (e.g., ‘the northwest corner of the park’). You should also note the date and time the incident occurred.

Now is the ideal time to gather evidence, such as photographs of your injuries and photographs of any obvious hazards at the scene (for example: a raised area on the footpath that you may have tripped on). You should also speak with any nearby witnesses and get their contact information.

2. Get Medical Attention ASAP

Some injuries can be treated by your G.P. or an urgent care clinic, while others may require emergency medical intervention. Whether you call 000 or are able to get to a doctor’s on your own, make sure you get treatment for your injuries straight away. Your health and well-being are important, and complete medical records are essential for your claim.

After receiving any treatment following any accident, it is important to keep copies of any invoices or receipts that you have incurred as a result of your injuries. Store these documents in a safe place. You will then be able to pass these on to your lawyer to ensure that all of your medical and treatment-related expenses are included within your claim.

3. Report the Incident to the Local Council

Check the local council’s website for how to report the incident. Most councils require injuries to be reported within 30 days.

If you don’t report the incident in a timely fashion, the council may dispute your claim that there was a hazard or the area was unsafe. Reporting the incident may also result in repairs to the footpath or other space, which could prevent other people from getting hurt.

You can search and find your local council details here.

4. Gather Additional Evidence

Surveillance cameras may have captured the condition of the premises prior to the incident, as well as when you got hurt. Any available footage should be collected as soon as possible.

It is also important to preserve your medical records, as well as any bills, receipts, and invoices. Communications with your employer can help to establish your inability to work and the effect on your income.

5. Speak to a Public Liability Lawyer

A public liability lawyer can help collect evidence, determine if the council was negligent, and calculate your damages. The lawyer you speak to should be well-versed in compensation claims against local councils, including the legal procedures, common defences, etc.

Contact Henry Carus + Associates Today

6. Lodge a Claim with the Local Council

Many councils have webpages where people can make a claim for compensation for incidents arising from the council’s negligence (for example, here is the City of Melbourne’s ‘request for consideration of claim’). Follow the instructions for lodging a claim closely, including any forms you have to fill out and supporting materials you have to provide.

We recommend leaving the request for compensation to an experienced No Win, No Fee lawyer. Any mistakes in lodging the claim can make it difficult to recover the compensation you deserve.

7. Wait for a Response

The council will investigate the incident to determine whether you are entitled to compensation for your injuries. Investigations may take several weeks to several months (the City of Melbourne says that most claims are investigated within 12 weeks, for example).

Once the investigation is complete, the council will notify you whether they accept liability for the incident. If the council accepts liability, you may receive a settlement offer. Before agreeing to a settlement, you should consult a lawyer to determine whether the offer is fair.

8. Next Steps

What happens next depends on the unique circumstances of your claim. If the council offers you a settlement that fairly compensates you for your losses, accepting the settlement will bring an end to the matter. However, if the council denies liability or refuses to offer the compensation you are due, it may be necessary to initiate court proceedings.

There is no guarantee of success if you try to seek additional compensation. A public liability lawyer can discuss the best course of action, fight for you in settlement negotiations, and represent you in court if necessary.

Proving Negligence on the Part of a Local Council

To make a compensation claim against a local council, you must prove that the council was negligent and that this negligence caused your injury or damage. When bringing a compensation claim against the local council, there are four key elements you need to prove:

  1. The council owed you a duty of care. This is relatively easy to prove, as local councils are responsible for the safety and well-being of residents and visitors. However, disputes may arise concerning the level of risk you assume when accessing a public space or council land.
  2. The council breached this duty through negligence. Examples of negligence may include failing to clean up or remove a hazard, delayed repairs of dangerous conditions, and/or failure to warn of potential hazards.
  3. You were injured as a result of the council’s negligence. The evidence must show that the council’s actions (or failure to act) caused your injuries.
  4. You sustained damages. Finally, you must show that the incident resulted in compensable losses, such as current and future medical expenses, home modifications, assistive equipment and economic loss (by way of being unable to work and suffering a loss of one’s earnings).

Learn more about how public liability claims work.

What Defences Can the Council Raise?

Negligence is a complicated concept in claims against local councils. Councils do not have the money or resources to realistically address all potential hazards or safety issues that may lead to injury. The council may employ several different defences to this effect, including:

  • Lack of prior knowledge of the hazard
  • Council had previously inspected the accident location and found no evidence of any potential hazards
  • The hazard was not considered large enough and/or dangerous enough to require Council to intervene by way of repairs / rectification works
  • Budget shortfalls and limitations
  • Inadequate staff
  • Remediating the hazard fell outside the procedures established by the council
  • The injured person contributed to their own accident by way of their own negligence in failing to keep a proper look out of their own safety

Retaining qualified legal counsel is key for overcoming these defences, as well as pushing back against arguments that the hazard was obvious or that you contributed to the incident through your own carelessness. Investigation of the council’s records can help to show that the council knew about the hazard and/or should have foreseen it, which would likely be considered negligence.

It is rare that local councils will admit fault and/or liability. Having a knowledgeable lawyer there to guide you through the process can significantly improve your claim’s prospect of success.

What Can I Claim Compensation for After a Council Injury?

You may be entitled to substantial compensation if you suffer a significant injury on council property. This may include damages such as:

  • Current and future medical expenses
  • Lost earnings
  • Rehabilitation and therapy costs
  • The cost of household care and services
  • Diminished earning capacity
  • Pain and suffering

All damages in compensation claims against local councils must be supported by strong evidence. Your lawyer can collect all necessary evidence for establishing the severity of your injuries, the losses you have sustained to date, and damages you may face in the future.

Your lawyer will arrange for you to see independent medical specialists tasked with assessing the severity of your injuries for the purposes of your legal claim. These reports can be very costly; however, your lawyer can arrange for these reports to be funded through your legal claim with the law firm. In our experience, these reports greatly assist in establishing the substantial compensation an injured person may be entitled to.

Get Help with Your Claim

Henry Carus + Associates have successfully represented numerous clients who suffered injury on council property. Some of our most recent success stories include:

You need a law firm with the experience, dedication, and resources to ensure that the council compensates you fully. You Deserve More, and the results above show how Henry Carus + Associates live up that message.

Compensation claims against local councils can be challenging, which is why experienced, skilful, and knowledgeable legal representation is a must. Call 03 9001 1318 today for a FREE, no-obligation consultation with Henry Carus + Associates. We serve clients injured on footpaths, roads, parks, bike paths, sporting fields, and other council properties in Greater Melbourne and all of Victoria.

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