Even if you have sufficient reasons to claim public liability compensation, the insurer can deny your claim. However, this doesn’t mean that the final decision is made. You can take legal action and carry the case to the court. The court is the authority to finalise the case. As many people are conscious of the difficulties of personal injuries, the claimant should never stop seeking their rights. In fact, with the assistance of a public liability lawyer and the claimant’s commitment to the case, justice will be served.
Negligence arises when a duty of care was owed and it was breached by reckless acts, lack of taking action to eliminate risk and the preventive measures. Negligence might arise in many forms. In motor vehicle accidents, the duty of drivers is to obey the rules and the regulations to keep others away from any harm. As an example, speeding might not only lead to catastrophic results for the driver, but also the other drivers, cyclists, motorcyclists and pedestrians are threatened by this negligent act. In medical negligence, the health care providers failure to practise in accepted standards is a breach of their duties and determined as negligence. In public liability claims, in almost every aspect of daily activities, we have responsibilities. If you are running a business, the safety of your employees and the customers are above all other priorities. A lawsuit might be filed against them in case the negligence resulted in harm.
Reasons for denial
A claim can be denied due to many reasons. Overlooked or insufficient evidence, lack of strong representation, time limitations and unstable situation of injuries might be the cause of the denial. The claimant is obliged to provide any fact relevant to the negligence.
- Lack of evidence
In negligence involved claims, the liability of the defendant should be proven by the claimant as public liability compensation may not be claimed if a duty of care was not owed to you. To briefly explain, the duty of care is the legal responsibility of a business or a professional to provide their services in a responsible manner to prevent adverse health situations. It must be proven that a negligent act or lack of action resulted in harm. Witness statements, lack of caution signs, photographs and any other form of evidence demonstrate the negligence should be provided.
- Lack of medical information
Lack of medical evidence might cause the case to be denied as the compensation you may receive largely depend on your medical situation. To correctly evaluate the claim, the insurer might demand medical reports. These include the progress of your treatment, ongoing injuries and permanent impairment assessment.
- Evidence of monetary loss
Your economic loss should be demonstrated to the insurer. The invoices of medical expenses, days away from work, loss of future earning capacity and relevant documents should be obtained.
- Time limitations
Time limitations do apply commonly in every State, however, might differ. Request legal aid from a specialised lawyer to fully understand your entitlements and to avoid the statute of limitations.
Public liability cases should be supported with strong evidence as establishing the liability might be difficult. At the same time, the public liability claim requires attention. Hiring a lawyer to handle such a claim would be a favour for yourself as the case should be evaluated professionally to reach the best outcome. Proving the liability is a complex process as an individual. However, from a professional perspective, no evidence will be overlooked. You can isolate yourself from the stress of the claim as much as possible while a public liability lawyer handles the situation.