What is a personal injury claim?
A personal injury claim is the process you take to seek financial compensation for harm that you’ve suffered as a result of negligence or an intentional act.
Some reasons to make a personal injury claim include:
- Compensation for medical expenses: To pay for medical expenses that you might be facing now, and in the future, as a result of your injury.
- Lost wages recovery: To recover lost earnings if the injury has prevented you from working or will prevent you from working to your full capacity in the future.
- Pain and suffering: To receive compensation for physical pain and emotional distress and the impact on your enjoyment of life.
- To cover other losses: Such as home modifications or home help due to the injury.
Which legislation covers
personal injury claims in Queensland?
In Queensland, personal injury claims are covered by several pieces of legislation, depending on the nature of the injury:
- Personal Injuries Proceedings Act 2002 (QLD) (PIPA): Governs most claims for personal injury that don’t relate to motor vehicle or workplace accidents.
- Workers’ Compensation and Rehabilitation Act 2003 (QLD): Covers claims related to injuries sustained in connection with your work and employment.
- Motor Accident Insurance Act 1994(QLD): Applies to personal injuries resulting from motor vehicle accidents.
- Civil Liability Act 2003 (QLD): Provides the legal framework for establishing negligence and liability in various personal injury cases.
Are personal injury claims limited to a certain type of accident?
Whilst there is no definitive list, the following accidents may lead to a personal injury claim:
This is commonly referred to as a WorkCover claim. Accidents at work can happen for a variety of reasons, like:
- Poor or no training
- Faulty equipment
- Unsafe practices
- Bullying
- Errors and mistakes of your co-workers
- Machinery and equipment accidents: Injuries from operating or being around unsafe machinery and tools
- Illnesses from exposure to chemicals or toxic materials.
- Car accidents: This includes injuries to drivers, passengers, or pedestrians involved in the incident.
- Motorcycle accidents: Injuries to motorcyclists, often due to visibility issues or road conditions.
- Bicycle accidents: Injuries to cyclists from collisions with vehicles or due to road hazards.
- Pedestrian accidents: Injuries to pedestrians caused by motor vehicles.
- Hit and run accidents: Injuries caused by an unidentified driver who leaves the accident scene.
- Slips, trips, and falls: Injuries from falls due to wet floors, poor lighting, or uneven surfaces in public areas.
- Animal-related incidents: Injuries caused by animals in public spaces. An example of this is an attack by a bird or dog.
- Sport and recreation injuries: Accidents occurring in public parks, sports facilities, or during organised events.
- Boat or jet ski accidents: Injuries to the drivers, passengers, and other people involved in incidents on the water.
Other Types:
- Medical negligence: Injuries from a healthcare provider’s failure to provide adequate care.
- Assault: An injury received by an intentional violent act.
- Product liability: An injury that is caused by a product that is unsafe or defective in some way.
“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.
In Queensland,
what types of injuries are eligible for a personal injury claim?
The following injuries may be eligible:
- Physical injuries: Such as fractures, burns, lacerations, or any bodily harm.
- Psychological injuries: This includes, but isn’t limited to, PTSD, stress, depression, or anxiety.
- Chronic conditions: Aggravated or caused by the incident, such as asthma or dermatitis.
- Permanent disabilities: Including loss of limb, paralysis, or any condition that affects life quality.
- Occupational illnesses: Diseases or conditions developed due to workplace exposure, like asbestosis.
- Fatal injuries: Claims can be made by dependents of a person who died due to their injuries.
What might you be entitled to when you make a personal injury claim?
A personal injury claim may provide you with the following types of compensation:
- Medical: Any current and future costs you may have to pay for medical treatment, medications, and/or rehabilitation.
- Loss of earnings: Compensation for past and future wages you won’t receive due to the injury.
- Pain and suffering: You may be eligible for compensation for physical pain and emotional distress you’ve experienced, or are experiencing.
- Care and assistance: Costs for required home care or assistance, even if provided by family members.
- Loss of life quality: Compensation for changes in lifestyle or inability to participate in previous activities or hobbies.
- Legal costs: Reimbursement for some or all legal expenses incurred during the claim process.
What factors influence
the amount and outcome of your personal injury claim?
The amount and outcome of your personal injury claim may depend on:
- How severe your injury is: Usually, more severe injuries are eligible for higher payout amounts.
- How much the injury has impacted your life: How the injury affects your daily activities and enjoyment of life.
- Economic losses: Including lost wages, medical expenses, and potential future earnings.
- Fault and liability: The degree of responsibility each party has for the accident.
- Evidence: The strength and quality of evidence supporting the claim.
- Legal representation: The expertise and negotiation skills of your lawyer.
- Insurance coverage: The policies and limits of insurance coverage held by the responsible party.
- Statute of limitations: You must adhere to the statute of limitations and lodge your claim within the necessary time frames. If you don’t, you can lose your entitlement to claim for compensation, this is called being statute barred.
- Pre-existing conditions: How previous health issues might affect the assessment of the current injury.
At Trilby Misso Lawyers, we offer no win no fee services for the following claims:
At Trilby Misso Lawyers, we offer no win no fee services for the following claims:
- Motor Vehicle Accident Claims:
- Workplace accident claims
- Public liability claims
- Superannuation and TPD claims
How long does a personal injury claim process take?
Straightforward cases might be resolved within 12 -17 months. In situations where injuries are more serious and require time to stabilise, or liability is contested, the process could extend from one to two years. For highly complex cases involving severe injuries, multiple parties, or those that go to trial, the duration can exceed two years.
How do I know if I can make a claim?
To determine if you can make a personal injury claim, you should complete our online claim check tool.
Will I need to go to court?
While many personal injury claims are resolved through settlements outside of court, thereby avoiding the time, cost, and stress of a trial, some cases may require court proceedings to reach a resolution. Typically 98% of personal injury claims in Queensland are settled out of court.
What is a ‘no win no fee’ lawyer and how does that relate to a personal injury claim?
If you engage a lawyer with a ‘no win, no fee’ agreement, you will only be charged fees if your claim is successful.
Here’s how this relates to personal injury claims:
- Less risk: Usually, you won’t need to provide upfront fees. This allows people to engage a lawyer who otherwise couldn’t fund the fees upfront, in such a difficult time.
- Motivation for lawyers: Aligns the lawyer’s incentives with the client’s success, as the lawyer’s payment depends on winning the case.
- Assessment of claim viability: Lawyers typically take on cases they believe have a good chance of success, ensuring a level of pre-assessment.
- Clear agreement: Terms are outlined in a client agreement, detailing the conditions under which fees are payable, including any percentages or costs deducted from the compensation.
We are ‘no win, no fee’ lawyer. We’ll also never charge an uplift fee, either. Contact us to learn more.
Seeking legal advice:
How we expedite personal injury claims for Queenslanders, achieving outcomes faster than average
Since opening our doors in 1956, we’ve helped more than 40,000 Queenslanders with personal injury claims. Our expertise in this field enables us to settle claims sooner than the industry average, freeing you to focus more on your recovery and less on legal proceedings.
We offer the convenience of meeting with you either in person at our offices, at your preferred location, or virtually via the telephone or video call.
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:
-
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.
Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.