What is a compensation claim?
In Queensland, a person can make a claim for compensation if they are involved in an accident and it is not their fault. A compensation claim is a claim for a sum of money to attempt to put you in the position you would have been in had the accident/illness not occurred. It is not uncommon in Queensland to bring a compensation claim if you are injured, the idea is that the monetary settlement should put you in the position you would have been in, had that accident not occurred.
A compensation claim will encompass a sum of money for a variety losses like:
- Pain and suffering – loss of enjoyment of life
- Lost past wages
- Lost future wages
- Medical expenses
- Future medical expenses
- Care and assistance – personal and in the home
- Home modifications and equipment
It is impossible to reverse being injured and take away the impact of the injury on your life, the idea of seeking compensation is to, as best as can be done, put you in the position you would have been in in a monetary sense.
“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.
Who is eligible to make a personal injury compensation claim?
In assessing who is eligible to make a claim for compensation, lawyers will look at:
- Location where the accident happened – At Trilby Misso we act for people injured in Queensland
- Fault – to be eligible to claim a compensation claim, you will need to establish that another party was at fault for the accident. Lawyers specialise in the laws around negligence (fault) and can examine your specific circumstances to establish if another party might be held negligent.
- Injury – a compensation claim is to compensate you for any injuries sustained in the accident. Lawyers will gather medical evidence to support your claim for injury compensation.
- Date of accident – a claim must be brought within the necessary time frames, which generally speaking is three years from the date of accident.
To bring a claim for compensation you must be 18 years old. Where children are involved in an accident, a guardian will bring a claim on their behalf.
What types of compensation claims exist in Queensland?
In Queensland compensation claims can be made where you suffered an injury and another person or entity is responsible for the accident. The most common types of compensation claims you could pursue to seek a compensation payment are:
- Motor vehicle accident claim – this is a claim against the Compulsory Third Party insurer (CTP) of the vehicle at fault.
- WorkCover claim – this is a claim against your employer and WorkCover acts as the insurer.
- Public liability claim – this is a claim against a person or entity for an accident out of your home. An example of this would be slipping at a shopping centre.
- Medical negligence claim – this is claim against a medical provider for negligent medical advice or treatment
- Total and Permanent disability claim (TPD) – this is an insurance claim, where fault is not necessary and you can claim for a permanent disability payment if you hold the necessary insurance and meet the definition of TPD in the policy.
How do I start a compensation claim?
To start a compensation claim, it is a good idea to call for legal advice as there are various technical requirements that must be met to bring a valid claim. A specialist personal injury compensation lawyer will be aware of what steps need to be taken to bring a claim and protect your rights.
Your legal team will look at:
- Area of Law – it is important to establish what type of claim you are making and what laws and processes apply
- Identify the negligent party – searches will help identify the negligent party and their insurer
- Prepare and lodge claim forms – many types of compensation claims will require claim forms to be prepared and served on the negligent party in specific time frames. The most common time frame is the earlier of 1 month from consulting a solicitor, or 9 months from the date of accident.
- Gather evidence – evidence about the circumstances of the accident as well as your injury will be necessary. This could include witness statements, a statement from you, photos of the accident, CCTV footage, medical reports and injury photos.
What documents and evidence are required to support a compensation claim?
To bring a successful compensation claim in Queensland you will be required to prove that:
- The accident occurred;
- The party you are claiming compensation from was negligent; and
- You sustained an injury as a result of the accident.
Your lawyer will focus on gathering evidence that will assist in proving those three elements; the accident, negligence and injury/loss.
Examples of documents and evidence your legal team will look for are:
Accident & negligence related evidence
- Photos of accident scene
- Details of other party, eg drivers licence details, name, phone number
- Witness statements
- CCTV footage
- Meeting notes
- Accident reports
- Procedure Manuals
- Maintenance records
- Complaint records
Injury/loss related evidence
- Ambulance notes
- Hospital records
- Medical notes
- Radiology reports
- Photos of injury
- Witness statements
- Income records (before and after accident)
- Expense receipts
- Specialist medical reports
- Medico-legal reports
If you are involved in an accident and are able to take photos and gather evidence at the scene that is always very helpful to your legal team.
How long do I have to file a compensation claim in Queensland?
One of the first questions a lawyer will have for you will be to establish on what date you were injured. An injury may have occurred on a specific date, or over a period of time. It is very important that you have the correct date as this will determine the timeline and deadlines for your claim. If you are unsure of the date of accident, sometimes medical notes, police reports, rosters and your diary can be of assistance in establishing the correct accident date.
The deadlines to lodge claim forms and file documents in the courts are very important, missing them could result in you losing your right to make a claim.
We recommend contacting a lawyer as soon as possible to get advice on what time limits will apply to your specific circumstances. We also recommend making notes of any deadlines as the impact of missing the time limits could mean losing your right to claim compensation.
As well as any requirement to give notices within a specific period (most commonly is 9 months from the date of accident), the courts in Queensland have a three year limit for you to file court documents to protect your claim. If more than three years has lapsed since the date of accident, and you have not filed court documents to protect your claim, it is most likely you will have lost your entitlement to claim compensation. We recommend seeking urgent legal advice if you think more than three years has lapsed since the accident to establish if there are grounds upon which the court may grant an extension of time may be granted.
What factors affect the amount of compensation I might receive?
The amount of compensation you might receive in an injury claim will depend on many factors. Claims are assessed by looking at the available evidence and trying to quantify, as best as can be done, the losses you have suffered and will likely suffer in the future. The compensation sum is to attempt to put you in the position you would have been in, had the accident not happened.
In assessing the quantum (dollar value) of your claim, lawyers will often look at the following areas:
Pain and suffering – the medical evidence will look at the severity of the injury and also the ongoing nature of any injury. Some injuries fully resolve, as such they are awarded less compensation than a more permanent and serious injury.
Past economic loss – this is a sum of money to compensate you for income you have lost as a result of the injuries sustained in the accident.
Future economic loss – the medical evidence will address what impact the injury will have on your ability to work in the future. The amount of compensation you are awarded will depend on the nature of the injury, your age (time left in workforce), and the impact of the injury on your ability to work.
Medical expenses – a compensation claim will include an amount for any related medical expenses incurred and those recommended for the future.
Care – in some circumstances compensation can be claimed for care required (paid or unpaid) to look after you or your home.
What role does insurance play in compensation claims?
In Queensland it is a requirement for many people to have a valid insurance policy. An example of this is Compulsory Third Party (CTP) insurance on your motor vehicle, and employers must hold WorkCover insurance.
When a person brings a claim for compensation, they can sometimes feel awkward about making a claim against an individual or their employer. That is understandable, especially when there is a connection or friendship with that person. The reality is though that a compensation claim is managed by the insurer and our contact and dealings are with the insurer, not the individual you are making a claim against.
When a settlement is reached and a sum of money is agreed on, that sum of money is paid by the insurer, not the party you are claiming compensation from.
“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.
Can I still make a compensation claim if I was partially at fault?
If you are injured and make a claim for compensation, to be successful in that claim, you must establish that another party was at fault. In lawyer terms we call this negligence. It is not always clear cut who is at fault. It may be the case that you were partly at fault, being partly at fault will not prevent you from making a claim for compensation.
Being partially at fault for the accident is called contributory negligence, that is a percentage that you are held responsible for contributing to the circumstances of the accident. The percentage you are held responsible for will depend on the evidence and prior case law, that will guide the lawyers in advising you about the fault of each party.
If you are partly responsible and a percentage of contributory negligence is held against you, any award of damages (payment of compensation) will be reduced by that percentage. It is important that you seek legal advice, even if you believe you might be partly responsible, as being partially responsible does not eliminate your right to bring a compensation claim for any injuries sustained in the accident.
How do legal costs work in compensation claims?
In a claim for compensation for injuries sustained in an accident, most lawyers work on a “no win no fee” basis. This means that unless you are successful in your claim for compensation, your lawyer will not be paid. This is an excellent offering as it allows people to access legal representation that otherwise aren’t in a financial position to pay legal fees upfront. This also recognises the financial strain that you can be under when you are injured and saves paying legal fees at a time when you are under financial pressure.
It is a requirement that a lawyer enter into a Costs Agreement with you. This is for your protection and sets out the terms upon which the lawyer will work and bill you. You can seek independent advice on the Costs Agreement if you wish to. The Agreement will also confirm the “no win no fee” nature of the arrangement.
Under a “no win no fee” agreement, you will pay your legal fees from any compensation you receive. It is natural to worry that the fees may outweigh the compensation received, you are protected in Queensland from this happening. It is a law in Queensland that the law firm’s fees will never exceed the amount of money you walk away with in your hand.
In some cases a contribution to your legal fees is also paid as part of the settlement. A lawyer can advise if you might be eligible to claim some legal fees when they understand the specifics of your circumstances.
What happens if my compensation claim is denied?
If you are injured and bring a claim for compensation and the claim is denied, you may have a right to appeal. There can be strict timelines to lodge an appeal, failing to lodge an appeal in the necessary time frames can result in you losing your rights. If you have a claim that is denied, it is important you seek legal advice as soon as possible to fully understand your rights and any important time limits.
How can a lawyer assist me with my compensation claim?
A lawyer who specialises in personal injury compensation claims will be able to advise you, protect your rights, help gather evidence and negotiate with the insurer.
Personal injury law is technical and has many obligations that need to be met to be able to bring a claim. A lawyer who specialises in this field will be well versed at what steps need to be taken to protect your rights and to commence a claim. Missing important deadlines and notice requirements can result in you losing your legal right to bring a claim.
Gathering the relevant evidence is also critical. This can range from witness statements, GP notes, through to highly specialised medico-legal reports. This important evidence will help establish fault on the other party and build a case for the dollar value of your claim.
Effectively negotiating with an insurer comes with many years of experience. A highly skilled personal injury lawyer will have years of experience in dealing with the many insurers in this field and will know the best approach in negotiating on your behalf.
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.
Here’s how our ‘no win no fee’ process works:
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We chat
It’s a free consultation. -
We meet
A free detailed discussion. -
We plan
You say ‘go’ – we build your case. -
We lodge
We present
your case. -
We conclude
We reach a settlement.
You pay nothing until you win
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.
Don’t delay. Speak with Trilby Misso today.
Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.
During this initial conversation, we will:
- Have a chat about the circumstances and nature of your injury.
- Give you an indication of your eligibility to make a claim for compensation.
- Explain, in simple terms, how our process works. We will answer
any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.
We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.
The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.
