Kathryn MacDonell
Chief Executive Officer
Kathryn is Trilby Misso’s Chief Executive Officer.
Meet Kathryn
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Can I sue as the passenger in a motor vehicle accident in Queensland?
Personal injury claim, CTP, Compulsory Third Party, 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 motor vehicle accident 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). In line with the directions of the Motor Vehicle Accident Commission (MAIC), you are eligible to make a CTP motor vehicle accident claim in Queensland if the following elements are satisfied:
- You have been involved as a passenger in a motor vehicle accident in Queensland
- The accident has occurred within strict time limits issued under Queensland legislation
- The accident was someone else’s fault (not your own); and
- You have sustained an injury and suffered loss because of that injury.
Is a motor vehicle accident claim worth pursuing as a passenger?
A common question people have when contemplating making a claim for a motor vehicle accident in Queensland is whether it is financially worth pursuing as a passenger. Assuming you have a right to make a claim, there are two aspects to this:
- will you be awarded a sum of money large enough to justify your efforts (in time and emotionally) and;
- will there be anything left for you after the lawyers and any Government refunds are paid?
It is common for motor vehicle accident lawyers in Queensland to offer an obligation free assessment to look at exactly this issue. The lawyers will take your instructions and gather information about the circumstances of the accident, including: your injury, cost of treatment, medical prognosis, and the impact of the injury on your ability to work. This information will help the lawyer assess the merits of your case and whether it is one worth pursuing. The lawyers will want to be reasonably confident that your case is worth pursuing before they offer you a no win no fee agreement/ arrangement. We recommend you take time to understand the lawyer’s fee structure and terms of their no win no fee arrangement.
After carefully assessing the circumstances of your accident and injury the lawyers will give you their opinion as to whether they think you have a claim worth pursuing. It is then up to you whether you proceed, possibly making a motor vehicle accident claim, or whether you seek a second opinion from another lawyer.
Further reading about motor vehicle accident claims in Queensland
https://maic.qld.gov.au/for-injured-people/who-can-make-a-claim/
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Your next step is a small one, but don’t delay
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 approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
- 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.
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