If you have been injured in a car accident, at work, or are unable to return to your occupation due to illness or injury, you may be entitled to compensation under Queensland law. Roche Legal are Brisbane compensation lawyers who act on a no win, no fee basis for personal injury claims.
Roche Legal is a personal injury law firm with offices in Brisbane CBD and Springwood, practising in motor vehicle accident claims under the Motor Accident Insurance Act 1994 (MAIA), workplace injury claims under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA), public liability claims under the Personal Injuries Proceedings Act 2002 (PIPA), and total and permanent disability (TPD) claims.
Important — time limits apply: Personal injury claims in Queensland have strict deadlines. For motor vehicle and public liability claims, a notice must generally be lodged within 9 months of the accident. For workplace injuries, action should be taken within 6 months. Missing a deadline can permanently extinguish your right to claim.
- Free initial consultation — no obligation, by phone, video, or in person
- No win, no fee on most personal injury matters
- Offices in Brisbane CBD (Level 19, 10 Eagle Street) and Springwood (2/18 Dennis Road)
- Phone and video consultations available across Greater Brisbane and South East Queensland
- A dedicated SMS line connecting you with your lawyer
- Hospital and home visits available anywhere in Queensland — see hospital visits
Personal Injury Claims in Brisbane
Roche Legal’s Brisbane CBD office is at Level 19, 10 Eagle Street, Brisbane QLD 4000. The office is located in the Gold Tower at 10 Eagle Street, one of Brisbane’s prominent commercial buildings in the Eagle Street legal and financial precinct.
Motor Vehicle Accident Compensation (MAIA)
Queensland sees approximately 7,000 CTP personal injury claims each year and more than half originate from the Brisbane area. Brisbane’s road network generates a consistently high volume of motor vehicle accidents. The Gateway Motorway corridor, the Pacific Motorway, the Logan Motorway interchange, the Ipswich Motorway, and inner-city arterials including Gympie Road through Kedron, Aspley, and Chermside all see regular serious injury crashes.
Car accidents, truck collisions, motorcycle crashes, and pedestrian incidents all give rise to potential compensation claims under the Motor Accident Insurance Act 1994. If you have been injured in a motor vehicle accident in Brisbane, you may be entitled to compensation for a range of losses.
What compensation can I claim?
- Past and future lost income, including superannuation
- General damages for pain, suffering, and loss of amenity
- All reasonable medical and rehabilitation costs
- Gratuitous care provided by family members
- Commercial care and home assistance costs
- Out-of-pocket expenses
MAIA claims are subject to strict procedural requirements and time limits. A notice of claim must generally be lodged within 9 months of the accident. For information on recent court outcomes, see Roche Legal’s Queensland court awards summaries and average payout data.
Work Injury Compensation (WCRA)
Workers across Brisbane’s construction, healthcare, transport, retail, and professional services sectors sustain injuries every day. Many are entitled to compensation under Queensland’s Workers’ Compensation and Rehabilitation Act 2003.
A WorkCover Queensland claim can provide weekly income replacement and medical expenses while you recover. If your injury was caused by your employer’s negligence — unsafe systems of work, defective equipment, inadequate training, or failure to address known risks — you may also have a common law damages claim.
The average common law payout for a Queensland workplace injury claim is approximately $187,656, though this figure varies significantly depending on severity and individual circumstances. Brisbane workers may be entitled to pursue both the statutory WorkCover process and a common law damages claim, depending on whether negligence can be established. The WorkCover lump sum calculator can help you understand your statutory entitlements based on your degree of permanent impairment, and the common law calculator can help calculate the larger amount possible at common law.
Public Liability Claims (PIPA)
Injuries occurring in public or private places – shopping centres, footpaths, restaurants, sporting venues, and other premises – may give rise to a claim under Queensland’s Personal Injuries Proceedings Act 2002 (PIPA). Brisbane’s high foot traffic in the CBD, Fortitude Valley, South Bank, and surrounding commercial and retail precincts means public liability injuries are common.
A claim requires proof that the occupier or owner of the premises owed and breached a duty of care. PIPA also governs claims for injuries caused by general negligence outside of motor vehicle accidents and workplace injuries – including injuries caused by defective products or the negligence of another individual, including medical practitioners. For an overview of all Queensland personal injury claim types, see the Queensland personal injury law guide.
Total and Permanent Disability (TPD) Claims
If a serious injury or illness has permanently prevented you from working in your usual occupation, you may have a TPD insurance claim within your superannuation fund. Most Australians hold TPD cover through their super without realising it — and many never claim despite being entitled to do so.
TPD claims are entirely separate from WorkCover and can be pursued regardless of how your injury occurred. It is also possible to make multiple TPD claims if you hold insurance through more than one superannuation fund — see Roche Legal’s guide on making multiple TPD claims.
Queensland Personal Injury Time Limits — Quick Reference
| Claim Type | Initial Notice Deadline | Overall Limitation Period |
|---|---|---|
| Motor vehicle accident (MAIA) | 9 months from accident (or 1 month from first consulting a lawyer) | 3 years from accident |
| Workplace injury — WorkCover (WCRA) | As soon as practicable | 6 months from injury (statutory claim) |
| Workplace injury — Common law (WCRA) | Notice of claim before proceedings | 3 years from injury |
| Public liability (PIPA) | 9 months from incident | 3 years from incident |
| TPD claim | Varies by policy and fund | Varies — seek advice promptly |
Note: Time limits are subject to exceptions and extensions in limited circumstances. This table is a general guide only — see the Queensland personal injury law guide for more detail, or contact Roche Legal for advice specific to your situation.
How Brisbane Personal Injury Claims Are Resolved
The majority of personal injury claims in Queensland are resolved before reaching a court hearing. Both MAIA and WCRA include mandatory pre-court procedures – including the exchange of documents, medical evidence, and compulsory conferences – that resolve most disputes without the need for a trial.
For claims that do proceed to litigation, Brisbane personal injury matters are heard in the Brisbane District Court (363 George Street) for claims up to approximately $750,000, or the Queensland Supreme Court (304 George Street) for higher-value and more complex matters. Roche Legal publishes annual summaries of Queensland court decisions — see the Court Awards summaries — which provide insight into how courts assess damages across MAIA, WCRA, and PIPA claims.
What Happens After You Contact Roche Legal
- Free initial consultation — A lawyer reviews your circumstances at no cost. In-person appointments are available at the Brisbane CBD or Springwood office, or by phone or video if preferred.
- Claim assessment — Roche Legal assesses the strength of your claim, the likely heads of damage, applicable time limits, and the best claim pathway (statutory, common law, TPD, or a combination).
- Notice of claim lodged — The appropriate notice of claim is prepared and lodged with the relevant insurer. This formally commences the mandatory pre-court process.
- Medical evidence gathered — Treating specialist reports, independent medical examinations (IMEs), and other expert evidence are obtained to substantiate the injury and its impact on your work and life.
- Compulsory conference — Most claims are resolved at a compulsory conference, a mandatory pre-court settlement meeting between the parties and their lawyers. Many matters settle here without proceeding to court.
- Settlement or litigation — If settlement is reached, funds are disbursed and the matter concludes. If the matter does not settle, it proceeds to litigation and ultimately a trial, though trials for personal injury claims are uncommon. Throughout the process, no legal fees are payable unless the claim is successful.
Brisbane Areas We Serve
Roche Legal acts for clients across the greater Brisbane metropolitan area. The Brisbane CBD office and Springwood office together cover the full region, and lawyers can travel to meet clients at hospitals and care facilities anywhere in Queensland — see the hospital visits page for details.
- Brisbane CBD
- Inner North & Inner South
- Chermside
- Aspley
- Strathpine
- Carindale
- Wynnum
- Capalaba
- Ipswich
- Logan
- Springwood
- South Brisbane
- North Brisbane
- East Brisbane
- West Brisbane
Frequently Asked Questions
How much is a personal injury claim worth in Brisbane?
Compensation depends on the severity of the injury, the claimant’s age and income, and the circumstances of the accident. Under MAIA, the average payout across all claim severities is approximately $92,857 — though this figure is heavily influenced by the large volume of minor injury claims, and serious injury claims are worth significantly more. For workplace injuries, the average common law payout is approximately $187,656. Roche Legal’s Compensation Calculator provides a general estimate, and the average payouts page has detailed data across claim types.
What is the difference between a WorkCover claim and a common law claim?
A WorkCover statutory claim provides income replacement and medical expenses through WorkCover Queensland. A common law claim is a separate legal action against your employer for negligence, and can recover your full economic loss, future lost earnings, and general damages for pain and suffering. Common law claims require proof of employer negligence. In many cases both can be pursued. The Queensland personal injury law guide explains both pathways in detail.
Can I still claim if I signed a WorkCover agreement?
Signing a WorkCover statutory settlement does not necessarily prevent you from pursuing a common law claim — but it depends on what you signed and when. If you have signed any documents in relation to your workplace injury, you should seek legal advice before assuming your rights are extinguished.
How long does a personal injury claim take in Queensland?
Straightforward matters that settle at compulsory conference typically resolve within 12 to 24 months of the incident. More complex matters that proceed to litigation may take longer. See the guide on why personal injury claims usually settle for more detail on how the process works.
Do I have to go to court?
The vast majority of personal injury matters in Queensland settle before reaching a trial. Both MAIA and WCRA have mandatory compulsory conference processes that resolve most disputes without a court hearing.
What claim forms do I need to lodge?
The notice of claim form depends on the type of injury. For motor vehicle accidents it is the MAIC Notice of Accident Claim Form; for workplace injuries it is the WCRA Form 275; for public liability claims it is Personal Injury Form 1 under PIPA. Roche Legal’s personal injury claim forms guide explains which form applies and includes download links. These forms contain questions that should be answered carefully — legal advice before completing them is strongly recommended.
Related Resources
Contact Roche Legal — Brisbane
Roche Legal’s Brisbane office is at Level 19, 10 Eagle Street, Brisbane QLD 4000. A Springwood office is located at 2/18 Dennis Road, Springwood QLD 4127 for clients in the Logan area. Phone and video consultations are available across Greater Brisbane and South East Queensland.
Roche Legal offers a free initial consultation and acts on a no win, no fee basis on most personal injury matters.
1300 335 334 | brisbane@rochelegal.com.au