Public liability injuries and medical expenses

Public liability injuries and medical expenses

When someone suffers an injury in a public place, extensive medical attention may be necessary in the immediate aftermath of the incident as well as regular management into the future.

Unfortunately, unlike the WorkCover or TAC schemes, there is no statutory system that allows someone in these circumstances to claim for medical expenses incurred because of the injury. Medical expenses are still recoverable from the defendant as long as the injured victim can successfully prove negligence. If they can overcome this hurdle, medical expenses will be paid for at the end of the legal process.

Compensation for medical expenses cover expenses that have already been incurred, as well as expenses that are reasonably likely into the future (such as surgery or ongoing physiotherapy). These expenses are also not restricted to out-of-pocket costs funded by the injured party directly. Repayments will also be made to Medicare and/or to private health providers who attend to the payment of injury-related expenses on the patient’s behalf.

Reimbursement is also not restricted to traditional medical expenses such as consultations and medications. “Medical and like expenses” can also cover mobility aids, home and vehicle modifications, educational assistance, the cost of travel between medical appointments, and a variety of support services that someone may require following a major injury.

If you or someone you know has been injured in a public place, you need the right advice.  Contact our friendly team on (03) 9321 9988 to discuss your potential entitlements.

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