Can I settle my personal injury case without going to court in Queensland?

It is a common misconception that making a personal injury claim will end in a trial before a Judge in Court. The reality is, very few matters proceed to trial. Our systems and laws are set up to try to keep these matters out of Court allowing the injured party to settle their matter and have access to compensation without the cost and delay of a trial.

A point comes in every claim when the procedural matters are taken care of, injuries are stable and the evidence is all gathered. At some point the parties will explore whether there is an opportunity to settle the matter before involving the courts.

The decision to settle your claim or not is yours. That can be incredibly empowering and overwhelming at the same time. While it’s the moment you have waited for and anticipated before trial, it’s not uncommon to have a flood of questions and fears when faced with the reality that this claim could soon be over! Understanding what your options are, what the process involves, and what role your lawyer will play at this time will be the key in making the decision that is best for you.

Every claimant has a choice, to settle the claim or go to trial and let a Judge decide. A settlement is where you and the other party come to an agreement and the terms, and any payments are agreed by both of you. The agreement is final, neither party can change their minds later. This will give you a certain outcome. You know exactly what you have agreed to and when payment is due.

What happens if you go to trial for a personal injury case in Queensland?

If you go to trial, you are leaving the outcome to the decision of a Judge. Sometimes a reasonable settlement cannot be reached and going to trial is warranted. Each side will present their evidence before the Judge and the Judge will decide if the other party is at fault or not and how much compensation, if any, you should be awarded. Which Judge hears your case, their decision, and how long they take to make a decision is out of your control. The compensation laws are written in a way so that there are procedures in place to encourage people and create an opportunity to settle out of court. This reduces legal costs and keeps the courts from overflowing with these matters. Approximately 98% of claims are settled by agreement between the parties before a trial commences.

There will come a point in your claim where you are faced with a decision to accept an offer from the insurer or to prepare to go to trial. Keep in mind, that the matter may still settle before trial. It is your lawyer’s job to give you advice about what they recommend you do. Ultimately, the decision is yours though, only you can make the actual decision as to what to do.

 

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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