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    Personal Injury Claim Guide: Compensation & Claims Advice

    If you’ve suffered an injury and you believe you can claim for compensation, you might be eligible to make a personal injury claim.

    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:

    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:

    Work-Related Accidents:

    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.

    Motor Vehicle Accidents:

    • 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.

    Public Place Accidents:

    • 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.

    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.

    Other Frequently asked questions

    What should I consider when choosing a ‘No Win No Fee’ lawyer in Queensland?

    When choosing a ‘No Win, No Fee’ lawyer in Queensland, it’s important to carefully review and understand the terms of their agreement. Consider the lawyer’s experience with personal injury claims similar to yours. Be mindful of any potential costs not covered by the ‘No Win, No Fee’ arrangement, such as disbursements or court fees, and how these will be handled, especially in the event of a loss. Lastly, consider the lawyer’s reputation and reviews from former clients to gauge their reliability and effectiveness in handling cases.

    Is the quality of service affected by the ‘No Win No Fee’ arrangement?

    The quality of service offered by a ‘No Win, No Fee’ arrangement does not inherently differ from traditional fee arrangements. The key factor influencing service quality is the law firm’s reputation, expertise, and commitment to their clients, rather than the payment structure. Law firms offering ‘No Win, No Fee’ agreements are motivated to succeed as their fees are contingent on winning the case, which can align their interests closely with those of their clients. However, it’s important for clients to research and choose a reputable lawyer or law firm that prioritises client care and maintains a high standard of service, regardless of the fee arrangement.

    What is an uplift fee?

    An uplift fee is an additional fee charged by a ‘no win no fee’ lawyer when a case is won. This fee is essentially a percentage increase on the standard fees and is meant to compensate the lawyer for the risk taken by working on the case without upfront payment. The uplift fee must be agreed upon in advance and clearly outlined in the client agreement. In Queensland, legal regulations govern the application of uplift fees, including how much can be charged, to ensure transparency and fairness in these agreements. It’s a reflection of the risk-reward principle, incentivising lawyers to take on and successfully conclude cases under ‘No Win, No Fee’ terms.

    Does Trilby Misso charge an uplift fee?

    No! Never.

    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.