A person who suffers an injury outside their residence – at work, on the road, in private, or in public – can make a personal injury claim for compensation. However, Queensland personal injury laws are complex. Because of the complexity, personal injury lawyers such as Roche Legal help injured victims make winning compensation claims and aid in settling disputes that result from wrongdoing and negligence of another person, business, government body, or other entity.
In all circumstances (except for TPD Claims where fault doesn’t matter), a compensation claim for personal injuries requires you to establish that:
- a duty of care was owed to you; and
- there was a breach of the duty of care; and
- you have suffered or will suffer loss as a consequence of the breach.
These are the basic elements of the tort of negligence required to entitle a person to compensation (damages).
The general principle of damages is that a plaintiff who has been injured by the negligence of a defendant should be awarded the sum of money that would put them in the same position had they not been injured.
If an injury is temporary or minor, there may be minimal or no damages to be claimed at all – even if another party was at fault.
If your injury wasn’t caused by the negligence of a third party, but it is serious enough to prevent you from continuing to work, you could still claim compensation if you held Total and Permanent Disablement (‘TPD’) insurance through your superannuation fund as at the date the injury occurred.
In Brisbane, personal injury lawyers can help you understand what to expect, how to deal with insurance companies, and progress through the legal process required to access your maximum compensation entitlement (often known as ‘damages’).
There are many different types of personal injury claims one can make. However, the four most common types of injury claims in Queensland:
- workers’ compensation claims
- motor vehicle accident claims
- public liability claims
- TPD claims for serious injuries causing total permanent disability.
This page outlines the different legislation which governs the above personal injury claims.
If you’ve been injured and require advice on your entitlement to make a claim for damages, Roche Legal operates on a No Win No Fee basis and offers free initial consultations.
Most Common Types of Injury Claims
Claim Process
The process to claim for personal injuries in Queensland is generally as follows:
Incident and Initial Response
Injury occurs, medical attention sought, preliminary inquiries begin.
Notice of Claim
Formal notice of claim sent to respondent with supporting documents.
Respondent’s Reply
Respondent provides liability response within statutory period.
Document Exchange
Mutual disclosure of relevant documents between parties.
Independent Medical Examinations
IME reports are important evidence which help establish the extent of your injuries and calculate damages.
Mandatory Negotiation
Parties attend compulsory conference to attempt resolution. Parties exchange written final settlement offers.
Litigation Start
If matter unresolved, Claimant becomes entitled to commence court proceedings.
Court Filings
Defendant files Defence, disclosure continues, potential for further expert reports to be obtained and exchanged.
Alternative Dispute Resolution
Court may order mediation or parties agree to further ADR.
Court Hearing
Trial held to determine liability, quantum, and legal costs.
Post-Trial Review
Appeal may be filed to address errors of law or fact.
Timing
On average, personal injury claims take around 12 to 18 months to resolve because most claims are able to be settled without a trial – and often without even entering a court room.
More complex cases and injuries that have a long recovery time may take longer to resolve.
Looking at our database of real court decisions, the following timeframes are likely in a trial scenario. These aren’t the timeframes for a typical claim – most resolve far faster through negotiation, as above. But when a matter is genuinely contested all the way to a judgment, the timeline stretches considerably, and it varies by the type of claim involved. Drawing on our database of Queensland court decisions, here’s how long matters have actually taken to reach judgment, measured from the date of the incident:
Time Limits Generally
Due to strict time limitations, an injured person should not wait to see how well the injury heals before considering whether to start a claim as the delay could cause the time limitation to expire completely.
If you are making a claim for personal injuries in Queensland, you typically have 3 years from the date of your injury to make a claim. This is a strict limitation; however, a court application can be brought seeking an extension in certain circumstances. Whilst it may sound simple, extending a time limitation is typically complex and expensive, with no guarantees. It is smart to always respect time limits and bring personal injury claims without delay.
If symptoms of your injury are not immediately apparent on the date of the incident, the 3 year time limit starts from the first appearance of symptoms of the injury.
There are other ‘softer’ time limits depending on your type of claim, such as:
- workers’ compensation claims – 6 months from the date you sustained the personal injury;
- motor vehicle accident claims – 9 months from the date of the accident or 1 month from the date you first consult a solicitor (whichever is earlier);
- public liability claims – 9 months from the date of the accident or 1 month from the date you first instruct a solicitor (whichever is earlier);
- historical sexual abuse claims – no time limit if the incident occurred whilst you were a minor (under 18);
- TPD claims – depends on your policy – sometimes there is no time limit, other times there are strict limits.
So long as the 3 year limitation has not lapsed, the above time limitations may generally be extended informally by providing a reasonable excuse for the delay.
Do You Need A Personal Injury Lawyer?
In short – if you don’t use a personal injury lawyer, the insurance company or defendant responsible for paying the compensation will rip you off. Here’s a real life example.
There are three main reasons why injured victims should seek to be represented by the best personal injury lawyer available when making a compensation claim.
Considering the legislated cost protections that no win no fee personal injury lawyers must provide their clients in Queensland; injured victims are almost always better off using a personal injury lawyer than representing themselves. There is rarely any circumstance where an injured person is worse off for doing so, even after paying legal fees. In fact, statistics prove that injured victims who use lawyers are paid out more than 10 times the amount of compensation they would have been paid if they represented themselves.
If you are unsure whether you need a personal injury lawyer, Roche Legal offers free initial consultations to discuss your claim.
How Personal Injury Compensation Is Calculated
Depending on the type of claim and your individual circumstances, the computation for personal injury compensation varies.
Typically, a legal practitioner will make detailed calculations to determine the amount of income you would have generated and the health related expenses you would likely have incurred over the course of your life, pre-injury.
Similar calculations are performed for your current situation in life, factoring in a reduction in future income and often increased medical treatment expenses over time.
The gap between your actual life path post-injury and your pre-injury life path is the amount claimable under Queensland law. The goal of compensation is to restore you to your pre-injury financial position.
The calculations can include, but are not limited to:
- damages for your pain and suffering
- medical expenses coping with the injury such as ongoing physiotherapy, the need for future surgery or psychological counselling to adjust to your post-injury life
- past financial loss or loss of earnings due to being unable to work immediately after your injury or whilst you’re recovering
- future financial loss or loss of earnings due to being unable to work as often (or at all) due to the injury, or the need to retire prematurely
- the cost of engaging professional assistance to care for you or your property
- damage to property or property loss.
Roche Legal’s personal injury lawyers can sit with you and discuss which financial aspects are relevant to your case.
What is the average payout for a personal injury claim?
Payouts for personal injury claims are generally kept confidential and are usually only public knowledge if a judge determines the appropriate amount.
Surprisingly, legislation limits the amount of damages that can be awarded for pain and suffering to a degree that seems totally inadequate. The largest component of most personal injury claims in Queensland is therefore the impact the injury has on their earning capacity in the future.
Personal injury payouts (whether by settlement or court award) can range from nothing to many millions. Where a claim sits on that scale depends on how severely the injury affects a person’s ability to work and function in everyday life.
One of Queensland’s largest known awards is understood to be around $20 million, involving a young man with a catastrophic brain injury requiring lifelong care.
What might my claim be worth?
Try our Queensland Compensation Calculator. It takes a couple of minutes and gives a plain-English estimate of what compensation can include, such as pain and suffering, lost income, super, care and out-of-pocket expenses.
It’s an estimate only (not legal advice), but it can help you get a sense of what your claim may be worth before you decide what to do next.
For actual payout statistics, read more: Average compensation payouts for personal injury claims in Queensland.
Trials vs Settlements
In Queensland, the likelihood of a personal injury claim proceeding to a court trial is exceedingly low, with less than a 1% chance. This is primarily due to the substantial costs associated with trials for both parties involved. Instead, a fair settlement is typically reached during a compulsory conference that takes place before the claim is officially filed in court. The term ‘compulsory’ underscores the mandatory requirement for parties to engage in informal negotiations aimed at resolving the matter amicably before they are permitted to present it before a court.
Read more: Why do personal injury claims usually settle out of court?
How long does it take to receive my compensation payout?
It typically takes about 8 to 12 weeks to receive your compensation payment from the date of settlement or judgment. This is because there are a number of precedural requirements that trigger after settlement, such as obtaining statutory clearances from government agencies such as Medicare, Centrelink, and Workcover.
If a trial was held, it may take longer because the defendant could appeal.
What happens if you refuse a settlement offer?
The impact of refusing a settlement offer for your personal injury claim depends on the type of offer made to you. For example:
Roche Legal’s No Win No Fee Guarantee
Roche Legal is a reputable personal injury law firm based in Queensland, with offices conveniently located in Brisbane City, Springwood, and Caloundra.
We handle personal injury claims on a No Win No Fee basis.
By law, claimants represented on a No Win No Fee basis cannot be charged more than 50% of the net settlement. Roche Legal go a step beyond the legislated cost protections, and reduce the maximum possible charge to only 40%, with additional cost protections relating to claim related expenses (known as disbursements) to ensure your financial peace of mind.
Pursuing a personal injury claim often involves significant expenses. Many claims necessitate expert medical reports to substantiate the extent of your injuries, with these specialised medico-legal reports typically ranging from $3,000 to $8,000 each, depending on the nature of your injuries (and sometimes multiple reports may be needed).
Furthermore, there are other disbursements commonly incurred when pursuing a compensation claim, including expenses for expert liability reports, which establish how or why the accident occurred (typically costing between $3,000 and $15,000, depending on the accident type), forensic accountant reports, and barrister fees.
When we propose to handle your compensation claim on a No Win No Fee basis, rest assured that you won’t be responsible for our legal fees or any of the funded disbursements in the event the case is unsuccessful. We’re committed to providing accessible and effective legal assistance while prioritising your financial well-being.
Our fees are based on the time and effort our practitioners invest in achieving the best results and compensation for you. Under our standard No Win No Fee offer, you won’t pay a cent until we secure a favourable outcome for your case.