How do you structure your fees?

We were among the first Queensland law firms to offer ‘No Win, No Fee’ services. Put simply, you pay nothing until we win your settlement through negotiation with the ‘at fault’ party or, as in most cases, their insurer. Learn more about our fees here.

What experience do you have with cases like mine?

To answer this question, we’ll need to learn more about your case or claim. Simply request your free consultation with us, tell us more about your case, and we can tell you about similar cases and the outcomes we achieved. Your consultation is “zero obligation” which means you don’t have to choose us as your lawyer.

Can you provide references from other clients?

Yes, of course. Simply request your free consultation with us, tell us what you’d like to know and the type of client you’d like to hear from, and we’ll gladly provide a reference from them. Your consultation is “zero obligation” which means you don’t have to choose us as your lawyer. Or, you can take a look at the “happy clients” on our website.

Do I have to pay for an initial consultation?

No! We will never charge you for your initial consultation. In fact, you pay nothing until you win your case. Our fees come directly from your end result, which means you don’t have to pay anything out of pocket.

Step 1 of 7

Have you been in an accident in Queensland?*
- Yes
- No

Did you obtain an injury in this accident?*
- Yes
- No
This can be a minor injury, a major injury, or a psychological injury.

Did this injury and accident cause you to lose money?*
- Yes
- No
Examples including time off work, medical expenses, rehabilitation and other associated costs.

Did this accident occur within the last 3 years from today's date?*
- Yes
- No

Can you please tell us your first name?*

If you’d like to provide us with your contact details, please do so we can chat about your rights.*
Your Email Address*

Thank you. Based on your answer to this question we are unsure if you are likely to have a claim. We recommend calling our team to talk through your individual circumstances, as strict time limits apply to personal injury accidents in Queensland. If we can't help you, we will suggest someone who can. Call us on 07 3910 5470 or chat to us online.

Are There Time Limits For Filing a Personal Injury Claim in Queensland?

May 20, 2024

Are There Time Limits for Filing a Personal Injury Claim in Queensland?

The date you are injured is a very important piece of information your lawyer will want to establish as soon as possible so that they can advise you of any important time limits that will apply to your claim. Time limits create a deadline in which notices have to be given and court documents are to be filed. These timeframes are very important and missing them can result in you losing your right to make a claim.

It is recommended that you call a lawyer as soon as possible and get advice on what time limits will apply to your situation. Making a note and reminders of these dates is wise as the impact of missing the time limits could mean losing your entitlement to claim.

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.

There are also specific rules about giving notices depending on how you were injured.

Motor Vehicle Accidents

If you have experienced a motor vehicle accident in Queensland, a Notice of Accident Claim Form must be lodged with the insurer on the earlier of 1 month from consulting a lawyer or 9 months from the date of accident. A lawyer can help you prepare and lodge this claim form within the right insurer and within necessary time frames.

There are special rules where an unregistered vehicle or an unidentified vehicle is involved. In this case there is no CTP Insurer and much stricter and shorter time limits apply. There is a limit of 3 months to lodge the Notice of Accident Claim Form with the Nominal Defendant. The Nominal Defendant is a Government body who acts as the insurer in these matters. If you do not lodge the claim form in the 3 month period, it is possible to lodge it within 9 months along with a reasonable excuse for delay. After the 9 month period, if the Notice of Accident Claim Form is not lodged with the Nominal Defendant, the right to claim is lost, in legal terms this is called statute barred.

Once the obligation to give a Notice of Accident Claim Form is met, the three-year limit to file court documents will still apply to motor vehicle accident claims. This is an important date to note because failing to file court documents within that 3-year period will likely result in the entitlement to claim being lost.

Work Accidents

Work accidents should be reported to WorkCover within 6 months of the date of the accident. If you are notifying WorkCover outside the 6 month period, a reasonable excuse for delay must be given. This notice can be given to work cover over the telephone, online, by post and quite often it is your medical practitioner that gives the notice for you.

Like motor vehicle claims, if an injured worker wishes to pursue a common law claim for damages, court proceedings must be commenced within 3 years of the date of accident/injury otherwise the claim will be lost forever or statute barred.

Public Liability

Public liability claims can happen in a variety of circumstances, but most commonly involve slips, trips and falls. A Notice of Claim is to be delivered to the party at fault within the earlier of 1 month of consulting a lawyer or 9 months from the accident.

Like motor vehicle and work accident claims, if an injured person wishes to pursue a common law claim for damages, court proceedings must be commenced within 3 years of the date of accident/injury otherwise the claim will be lost forever or statute barred.

We recommend contacting a lawyer and discussing the specific circumstances of your accident so that you are properly protected and do not lose any rights by missing any important time limits.

Learn more about lodging a WorkCover claim in Queensland

https://www.worksafe.qld.gov.au/claims-and-insurance/compensation-claims/make-a-claim

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Law Firm for workers' compensation case in Queensland

Kathryn MacDonell

Chief Executive Officer

Kathryn is Trilby Misso’s Chief Executive Officer.

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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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Are There Time Limits For Filing a Personal Injury Claim in Queensland?