Whether you’ve tripped on a poorly maintained footpath or suffered damage due to council negligence, understanding the right steps to take is crucial.
Here’s our comprehensive guide to help you through the process.
1. Document the incident
The moment you’ve been involved in an incident, your case begins.
It’s important to gather detailed evidence as this strengthens your claim. Evidence should include photographing the scene, your injuries and any hazardous conditions. It’s also worthwhile exchanging contact details with any witnesses. These details can be used at a later date to collect witness statements from anyone who saw the incident.
If you are unable to take photos at the time of the incident, ask a family member or friend to document this on your behalf.
2. Seek medical attention
Your health comes first, always. Ensure your injuries are seen by a doctor. This could involve a physical examination, scans or x-rays.
From a legal standpoint, prompt medical attention also creates a vital paper trail. Ensure you retain any receipts for medical attention or medication you purchase.
We’ve seen cases won and lost on the strength of medical documentation. A clear link between the incident and your injuries is paramount.
3. Report the incident
Many councils in Australia have specific reporting procedures. As a rule of thumb, report the incident to your local council within 30 days of the incident.
Don’t skip this step – it’s often a prerequisite for a successful claim. Councils may use any delay to report the incident to dispute the condition of the site at the time of the accident. Similarly, any post-incident repairs or alterations to the area should be documented. For instance, the council may seek to repair a section of the footpath if you have reported a slip and fall incident. While not an admission of guilt by the council, these changes can provide valuable evidence supporting your claim.
4. Gather evidence
Compiling evidence is required for a successful claim against a council. It will strengthen your case and increase your chances of a favourable outcome.
Use the contact information you collected from witnesses and obtain detailed statements from them. If CCTV footage exists, request copies. Additionally, reaching out to people in local Facebook groups or speaking to neighbours may help you uncover whether there have been any prior complaints made to the council about the particular hazard. A personal injury lawyer will be able to guide you through this process and ensure no potential evidence is overlooked.
5. Check the council’s claims process
Each council may have slightly different procedures. Knowing these can prevent unnecessary delays.
The City of Sydney Council, for instance, requires a written letter of demand to be submitted alongside documents that substantiate the amount you are claiming in compensation. Other councils, such as the Scenic Rim Regional Council, have an established form that must be downloaded and submitted.
If you are based in Queensland, you are also bound by the Personal Injury Proceedings Act 2002 (PIPA).
6. Determine liability and calculating your losses
As we mentioned earlier, councils have certain protections but are not immune from liability. A skilled personal injury lawyer will be able to help you establish negligence in your claim.
Accurately calculating your losses is equally as important. Consider any medical expenses, lost wages, pain and suffering, and any other financial impacts resulting from the injury. Your lawyer will be able to build your case to maximise your compensation.
7. Submit your claim
This is your formal application for compensation. The quality of your initial claim—including how well it is substantiated with evidence— can set the tone for the entire process.
Engaging a skilled personal injury lawyer ensures your claim is accurately documented and presented compellingly. Their expertise can significantly impact the outcome of your case as a well-prepared claim often leads to faster resolutions.
If you are unable to settle at this point with the council, you may need to begin court proceedings.
