Important timeframes for lodging a personal injury claim in Queensland

Suffering an injury as a result of someone else’s negligence can be stressful, painful and overwhelming. However, missing time limits can result in the loss of legal rights to make a personal injury claim in Queensland. State legislation imposes strict time limits within which a claim must be lodged. Failure to adhere to these time limits can lead to the inability to seek compensation for injuries sustained. It is therefore important to understand that once the time limit has passed, the legal avenues for seeking redress may be closed off, leaving you without the right to make a personal injury claim.

How long do I have to make a personal injury claim in Queensland?

The courts in Queensland have a three-year limit for you to file documents to protect your claim.
If more than three years has lapsed since the accident, and you have not filed court documents it is likely you have lost your entitlement to claim. However, you should still seek legal advice to establish if there are grounds upon which an extension of time may be granted. Although, it is only in limited circumstances that the court will exercise their discretion and extend the limitation period.

While this timeframe applies to all personal injury claims in Queensland generally, there are also specific requirements for different types of claims. For example, the requirements for giving notice for a motor vehicle accident, as opposed to a workplace accident or even an accident in a public place will vary pending on the circumstances of your case.

It is recommended that you call a personal injury lawyer as soon as possible and get advice on what time limits will apply to your unique situation.

Do I have a valid personal injury claim in Queensland?

Compensation, compo, damages, reimbursement, and claim are all expressions you may have heard which can mean the same thing. Assessing if you have a valid personal injury claim in Queensland will depend on where and how you were injured.

There are laws set out in legislation as well as case law from the Courts which establish who can claim compensation, how to go about making a claim and how claims will be assessed (put into a dollar value sum).

If you have sustained an injury in Queensland and you are within the legal time frames, you may be entitled to make a claim for compensation and have a valid claim. Claims can be made in a fault and no fault scheme.

The legal term when we talk about fault is negligence. An example of an at fault type claim is a motor vehicle accident where a vehicle fails to stop at a crossing and hits a pedestrian. That pedestrian would be entitled to make a claim for injury and losses incurred against the driver, and their insurer. In this type of claim, lawyers look at whether there was a “duty of care” and whether that duty was breached, that will determine whether the person has an entitlement to make a claim. Another example of an at fault type claim would be an accident at work where your employer or another employee has done something negligent. It is best to check with a lawyer whether the circumstances of your accident amount to negligence, there is a vast amount of case law that establishes what the Courts will assess as negligence.

You may have a valid claim even where no one is at fault. An example of this would be where you have suffered injury or illness that no one is responsible for but you have Income Protection or Total and Permanent Disability Insurance. In this situation your entitlement to make a claim is based on the terms of the insurance policy. Again, we recommend seeking legal advice specific to your circumstances as soon as possible as there are important time limits to meet to ensure you have a valid claim.

How to choose the right personal injury lawyer in Queensland?

When someone is involved in an accident and suffers injury and the associated losses with being injured, it is an already stressful and uncertain time, so having to find a lawyer can feel overwhelming.

A simple internet search using online directories or legal association websites (like the Queensland Law Society) will provide you with a selection of personal injury lawyers. You may even have family and friends who have had a similar experience and could make a recommendation. In narrowing down who to call, visiting the firms’ websites will give you a glimpse into their specialty, who they are and their offerings. Most law firms will offer you a free initial consultation, to help you find the right lawyer, we recommend using that initial phone call and/or appointment to explore the following:

Area of specialty – Like doctors, there are lawyers who run a general practice and others who specialise in one area. As personal injury laws and procedures are complex, it is recommended that you search for a lawyer who is a specialist in personal injury law. They will be the most qualified to help you, protect your interests by advising and acting on important time frames, knowing what evidence to gather and knowing how to best strategically work with the negligent parties and their representatives.

Location – People often begin looking for a lawyer by searching “personal injury lawyer near me”, however, the physical location of the lawyer’s office may not be a deciding factor. Rather, whether the lawyer is qualified to practice in Queensland, and how the lawyer will connect and communicate with you is important. With technology, home visits (recognising some injured people are not in a position to travel) or meeting at a mutually convenient location, the location of the actual office becomes less relevant. Knowing how frequently you are required to meet in person and how that will happen is worth establishing.

Fee Arrangement – Understanding the fee arrangement that the lawyer is offering you is important. Are they prepared to act for you on a no win no fee basis and what are the terms of the agreement? It is normal practice for the lawyer to give you a copy of the agreement to read over and to give you an opportunity to seek advice and ask questions in relation to that agreement.

Rapport – The initial phone call and/or appointment is a great opportunity for you to meet the lawyer you will be working with. You need to work with the lawyer for a significant amount of time and it is a matter that is incredibly important to you, so we recommend that you work with someone you have a good rapport with. Knowing if you have good rapport would mean that you feel like you can ask questions, that the lawyer is listening to you, you feel heard, the lawyer has taken an interest in you and can give you advice, even advice that you might not want to hear. You should be able to establish how good the lawyer is at communicating and their communication style in the initial appointment.

You are not under an obligation to proceed with any lawyer you consult. It is important that you use the initial consultation to satisfy yourself of the matters discussed above so that you can be certain you have the right lawyer on your side.

What to consider when pursuing a common law personal injury claim in Queensland?

When pursuing a common law personal injury claim in Queensland, individuals must navigate a structured process to secure rightful compensation. This legal avenue allows those who have suffered injuries due to the negligence or fault of another party to seek redress. A common law claim in Queensland is essentially a legal action for compensation initiated by an individual harmed by the actions or inactions of another. To succeed in such a claim, it is crucial to adhere to specific steps that strengthen the case and increase the likelihood of a favourable outcome.

Am I eligible to make a common law claim?

The first vital step in this process is determining eligibility for a common law claim. To be successful in a common law claim the lawyers will need to establish that you were injured or became sick at or because of work. However, there is an additional component of negligence. If negligence by another party/other parties has contributed to your injuries, as in the case of an accident caused by faulty equipment supplied by a third party, they may be required to contribute to your damages claim.

Examples of times when another party may need to contribute to your damages claim include:

• An accident caused by faulty equipment supplied by a third party;
• Your employer is an employment agency, and you work with a host employer;
• You are injured during the course of your employment on another person’s/company’s premises.

Once eligibility is confirmed, the next critical phase revolves around gathering compelling evidence to substantiate the claim of negligence and fault. A personal injury lawyer in Queensland will seek compensation for your injury and illness taking into account your injury and impact on your enjoyment of life, ability to work now and in the future, medical needs in the future and any assistance you may require.

What evidence is needed for a common law personal injury claim in Queensland?

Evidence plays a pivotal role in the success of a common law personal injury claim in Queensland. Relevant documentation to help establish liability and quantify the damages include (but are not exclusive to):

• Medical reports
• Medical receipts
• Imaging reports
• Witness statements
• Incident reports
• Income statements pre and post-accident

During a claim, lawyers will gather any evidence about the impact of the injury and the associated financial losses and future losses and expenses likely to be incurred. Each case is unique and must be assessed looking at that set of circumstances. Once they have this evidence, they will then be in a position to give you very specific advice about how much you would likely be awarded in compensation by a court.

Why should I contact a personal injury lawyer in Queensland?

Seeking legal advice from an experienced personal injury lawyer in Queensland is a cornerstone of the common law claim process. Skilled legal representation can provide invaluable guidance on the intricacies of personal injury claims, assess the strength of the case, and advocate for the best possible outcome on behalf of the claimant. Moreover, legal professionals can navigate the complex legal procedures and negotiations involved in securing fair compensation.

What is a common law claim for personal injury in Queensland?

A common law claim for personal injury in Queensland refers to a legal action taken by an individual who has suffered harm or injury due to the negligence of another party. In this context, common law refers to the body of law that is developed through judicial decisions rather than through legislation.

Queensland follows the common law system, where individuals have the right to seek compensation for personal injuries caused by the fault of another party. These claims typically arise from incidents such as workplace accidents, motor vehicle collisions, or slips and falls. To make a successful claim, the injured party must establish that the other party owed them a duty of care, breached that duty, and as a result, caused the injury. Understanding the process and requirements of a common law claim for personal injury in Queensland is crucial for individuals seeking compensation for their losses.

To succeed in a common law claim, the injured party must demonstrate the defendant’s legal duty and its breach. Compensation is awarded based on factors such as injury type, fault level, age, lost income, medical expenses, etc. Seeking legal advice is essential to effectively navigate the process, as claims can be resolved either outside of court or through court proceedings.

Work-Related Accidents

Work-related accidents are prevalent in Queensland, especially in industries like construction, mining, and manufacturing. These accidents can result from inadequate safety measures, equipment failures, or employer negligence.

Car Accidents

Car accidents in Queensland are another common type of incident. These accidents often lead to severe injuries and can be caused by high-speed collisions or reckless driving.

Slip and Fall Accidents

Victims of slip and fall accidents in Queensland may suffer injuries like broken bones, head trauma, or spinal cord damage, typically occurring in public places or on poorly maintained premises.

Transport Accidents

Transport accidents, including those involving buses, trains, or taxis, can result in a range of injuries, from minor to life-threatening. The legal process for these accidents may involve multiple parties, such as drivers, transport companies, and insurers.

Compensation for common law accidents aims to provide financial support to victims who have experienced physical, emotional, or financial harm. In addition to direct medical expenses and lost income, compensation may account for long-term rehabilitation costs, pain and suffering, and future earning capacity. Factors like the severity of the injury, the impact on daily life, and the need for ongoing care are considered when determining the compensation amount.

Navigating a common law claim in Queensland can be complex, requiring a thorough understanding of legal procedures and evidence requirements. Legal advice from experienced solicitors can help individuals gather the necessary documentation, assess the strength of their case, and negotiate with the opposing party.

It is recommended that you seek legal advice as to the very specific circumstances of your personal injury claim in Queensland, so that you may fully understand your rights and obligations.

Learn more about Queensland legislation for personal injury cases

https://www.legislation.qld.gov.au/view/html/inforce/current/act-2002-024

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