When might I need a car accident lawyer?
You might need a car accident compensation lawyer in the following situations:
- If you’ve sustained injuries: A lawyer can help you seek compensation for injuries resulting from the accident.
- If you’re facing significant vehicle damage or total loss: Legal assistance can be valuable for recovering repair costs or the vehicle’s value.
- If you are not able to work: A lawyer may be able to help you claim for lost wages, for both now and in the future.
- If there are disputes over who is at fault: A lawyer can represent your interests in disputes over liability and fault.
- If you need to understand your rights and options: A lawyer can explain your legal rights and the compensation you may be entitled to.
- If you’re offered a settlement that seems too low: Before accepting, consult a lawyer to ensure the offer is fair and covers your needs.
- Injury or death: If the accident resulted in injury or death, legal representation can help secure fair compensation.
- Uninsured or unidentified motorists: If involved parties lack adequate insurance or are unidentified, legal advice is essential to navigate compensation.
- Complex legal or insurance issues: Accidents involving complex legal or insurance issues require a lawyer’s expertise.
- Long-term impact: For accidents causing long-term health, financial, or employment impacts, legal support ensures adequate compensation is sought on your behalf.
- Pedestrian or cyclist involvement: Incidents involving pedestrians or cyclists can be legally complex, necessitating professional legal assistance.
“Do I have a claim?”
Use this simple online tool and find out if you have a claim in less than thirty seconds. You can choose to remain anonymous.
How do I find a car accident lawyer?
To find a car accident compensation lawyer, consider the following steps:
- Online search: Use online directories and legal websites to find lawyers specialising in car accident compensation in your area.
- Referrals: Ask family, friends, or colleagues for recommendations based on their experiences.
- Law society: Check the website of Queensland Law Society for a list of lawyers who work in personal injury law.
- Experience and specialisation: Choose a lawyer with specific experience in car accident compensation and a track record of success in similar cases.
What qualifications and accreditations should I look for, when choosing a compensation lawyer for my car accident?
When choosing a compensation lawyer for a car accident, focus on these qualifications and accreditations:
- Legal qualifications: Ensure the lawyer has a law degree from a recognised institution and a current practising certificate.
- Specialists: Look for lawyers with experience and a focus on personal injury law.
- Membership in professional associations: Membership in legal associations, such as the Australian Lawyers Alliance or the Queensland Law Society, indicates professionalism and commitment to legal standards.
- Continuing legal education: Lawyers committed to ongoing education stay updated on legal developments and best practices in personal injury law.
- Track record: A lawyer with a successful track record in securing compensation for car accident victims is preferable.
What should I do, if I’m involved in a car accident in Queensland?
Following these steps will help:
- Make sure you’re not in danger: Make sure you and everyone else is as safe as possible.
- Check everyone involved for injuries: Do not move anyone who is injured.
- Call emergency services: Dial Triple Zero (000) for police and ambulance if there are injuries, hazards, or if the road is blocked.
- Exchange information: Talk to all involved drivers and witnesses, and gather their personal and contact information.
- Collect as much evidence as you can: Take lots of photos. Try and capture the vehicles involved, conditions of the road, and anything else you think will help with your claim.
- Report the accident: You’ll need to report the accident to the police if there’s injury, death, or property damage.
- Contact your insurance company: It is important that you tell them about the accident as soon as possible.
- Seek medical attention: Visit a doctor as soon as you can. Remember that some injuries don’t show symptoms straight away.
- Consult a lawyer: Consider consulting a car accident compensation lawyer to understand your rights and potential compensation.
What are common injuries that arise from a car accident?
Common injuries caused by car accidents include:
- Whiplash: This is a neck injury that occurs as a result of rapid head movement.
- Broken bones: Where bones are broken or fractured.
- Concussion: A brain injury.
- Lacerations: Cuts or tears in the skin, often from shattered glass or metal.
- Bruises and contusions: Caused by blunt force trauma during the accident.
- Spinal cord injuries: Can lead to partial or complete paralysis, depending on the injury’s severity.
- Internal injuries: Damage to internal organs due to impact or penetrating objects.
- Psychological injuries and trauma: These include anxiety and PTSD.
What are common types of motor vehicle accident claims?
Common Types of Motor Vehicle Accident Claims in Brisbane
Brisbane’s busy roads, vibrant lifestyle, and growing use of alternative transport have led to a variety of motor vehicle accident claims. Some of the most common claims we see include:
- Car accident claims: These are the most frequent claims, often arising from rear-end collisions, intersection accidents, and incidents caused by driver distraction or negligence.
- Motorbike accident claims: Motorcycle riders are particularly vulnerable on Brisbane’s roads, with claims often involving injuries from low visibility or high-speed collisions.
- eBike and eScooter accident claims: With the increasing popularity of eBikes and eScooters in Brisbane, claims often result from collisions with vehicles or falls caused by road hazards.
- Truck accident claims: Heavy vehicles can cause significant damage and serious injuries. Claims often arise from fatigue, loading issues, or accidents on major highways like the Pacific or Gateway Motorways.
- Pedestrian accident claims: Pedestrians face risks at busy intersections, crossings, and in urban areas. Claims typically involve vehicles failing to give way or speeding.
- Passenger accident claims: Passengers injured in cars, buses, or rideshares are entitled to make claims, regardless of whether the driver at fault was in their vehicle or another.
How is fault determined in a car accident?
Fault in a car accident is determined through a process that involves the collection and analysis of evidence, witness statements, and, often, the application of Queensland road laws.
Law enforcement officers responding to the accident scene usually file a report that includes their initial assessment of fault based on the evidence available at the scene, such as vehicle positions, skid marks, and any violations of traffic laws.
Insurance companies conduct their own investigations, reviewing the police report, interviewing involved parties and witnesses, and examining photos or videos of the accident scene. They assess this information in the context of local traffic laws to determine which driver’s actions contributed most significantly to the accident.
The determination of fault is crucial for insurance claims and legal proceedings, as it affects the liability and compensation for damages and injuries sustained in the accident.
What is a car accident injury claim, and why would you make one?
A car accident injury claim is the formal steps you’ll take if you want to be compensated for injuries and related losses as the result of a car accident. This claim is made against the compulsory third party insurance policy of the driver at fault. In the case of an uninsured or unidentified at fault vehicle, the claim is made against the Nominal Defendant, a Government body who acts as the insurer in that case.
The primary reasons for making such a claim include covering medical expenses, compensating for lost wages due to time off work, addressing pain and suffering experienced as a result of the accident, and covering any other financial losses or damages incurred.
What is the compensation claim process in Queensland for car accidents?
The compensation claim process in Queensland for car accidents involves several steps:
- Seek medical attention: Firstly, get medical treatment for your injuries.
- Notify the police: If the accident meets certain criteria (injuries, significant damage, etc.), you must report it to the police.
- Gather evidence: Take photos of the scene and gather the contact details of any witnesses. You’ll also need to get a copy of the accident’s police report.
- Contact your insurance provider: Inform your insurer about the accident.
- Lodge a Notice of Accident Claim Form: With the help of a lawyer, fill out this form with details of the accident and your injuries, and provide it to the insurer within the necessary timeframes.
- Cooperate in the investigation: The CTP insurer will investigate the claim. Provide any additional information or documentation they require.
- Receive a liability decision: The insurer will inform you of their liability decision. If they accept liability, negotiations for compensation can begin.
- Medical assessment: You may need to undergo further medical assessments to determine the extent of your injuries and future impacts.
- Negotiate compensation: With the help of a lawyer, negotiate a compensation amount with the insurer.
- Settlement or court: Most claims are settled out of court. If an agreement cannot be reached, your lawyer can guide you through the process of seeking a decision in the courts.
Remember, strict time limits apply to each stage of the process, so it’s advisable to consult a lawyer early to ensure your claim is lodged within these timeframes.
“Do I have a claim?”
Use this simple online tool and find out if you have a claim in less than thirty seconds. You can choose to remain anonymous.
How long does it take to make a car accident compensation claim?
Typically, straightforward cases with clear liability and minor injuries might be resolved within 12-17 months. However, accidents that are more complicated, with severe injuries or disputes over who is at fault, may take more than that If the case goes to court, the process can extend even further, sometimes lasting several years. It is important to note, very few matters proceed to the stage where courts are involved.
It’s essential to start the claim process as soon as possible after the accident, as there are specific time limits for filing claims. Additionally, engaging a car accident compensation lawyer early can help streamline the process, ensuring that all necessary documentation is prepared efficiently and deadlines are met.
What type of compensation can I expect from my car accident claim?
From your car accident claim in Queensland, you might be entitled to various types of compensation, including:
- Medical and rehabilitation costs: Covers current and future medical expenses, rehabilitation, and any necessary treatments or therapies.
- Loss of earnings: Compensation for lost wages or income, including future lost earning capacity due to the accident.
- Pain and suffering: This is where you’re financially compensated for the suffering and pain you’ve been through, and are going through now.
- Care and assistance: Costs associated with needing help for personal care or household tasks, whether provided by professionals or unpaid help from family members.
- Legal costs: This includes some or all of your legal expenses incurred during the claim process.
Who funds a compensation payout after a car accident in Queensland?
In Queensland, compensation payouts after a car accident are funded by the Compulsory Third Party (CTP) insurance scheme.
Seeking legal advice: How we help Queenslanders get car accident compensation payouts 9 months faster than average
Since 1956, we have specialised in providing support for individuals involved in car accidents across Queensland, streamlining the compensation process for quicker recovery and greater peace of mind.
Our expertise allows us to settle claims faster than average, prioritising clear and direct communication.
We provide flexible consultation options, including both on-site and virtual meetings, ensuring you understand the claims process clearly and are kept informed at every stage, all without the confusion of legal jargon.
Page author
This page was written by Kathryn MacDonell, CEO at Trilby Misso Lawyers.
Kathryn’s journey in the legal field began in 2001 at Trilby Misso as an Article Clerk, leading to her official admission into the Supreme Court of Queensland in 2005. Her career at Trilby Misso saw her rise to the position of Principal Lawyer by 2011, where she was responsible for leading teams across the Sunshine Coast and Brisbane. Despite her management responsibilities, Kathryn remained dedicated to securing compensation for her clients, driven by a passion for assisting Queenslanders. Her legal acumen has been showcased in numerous challenging cases, with her making appearances in the District Court, Supreme Court, Court of Appeal, and even the High Court of Australia.
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We’ll also provide certainty and clarity, with a fair structure that has no ‘uplift’ fee, ever. You’ll pay nothing ‘til your claim is won.
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