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        Am I Eligible to Make a Personal Injury Claim in Queensland?

        January 7, 2025

        Am I Eligible to Make a Personal Injury Claim in Queensland?

        You may be eligible to make a personal injury claim in Queensland if your injury was caused by someone else’s negligence and has resulted in financial or personal losses. Eligibility depends on proving that another party failed in their duty of care, and that failure caused your injury.

        Common scenarios include:

        Motor Vehicle Accidents: Injuries caused by reckless or negligent driving.

        Workplace Incidents: Accidents or illnesses sustained on the job.

        Public Liability Claims: Slips or falls due to unsafe premises.

        To succeed, most claims need to show four things:

        1. A duty of care existed.

        2. That duty was breached.

        3. The breach caused the injury.

        4. The injury led to measurable losses.

        It’s also important to act promptly, because strict time limits apply to personal injury claims in Queensland.

        Who Can Make a Personal Injury Claim?

        Eligibility to make a personal injury claim depends on specific circumstances, but the underlying requirement is that the injury must have been caused by another party’s negligence. Understanding whether you are eligible to lodge a claim is the first step in seeking compensation.

        General Eligibility Requirements

        To make a personal injury claim in Queensland, you must meet the following conditions:

        • The injury must have occurred in Queensland.
        • It must be proven that another party’s negligence caused your injury.
        • You must lodge the claim within the specified time limit, which is generally three years from the date of the incident.

        Common Scenarios for Personal Injury Claims

        • Motor Vehicle Accidents: Anyone injured in a car accident due to another driver’s negligence, including drivers, passengers, cyclists, and pedestrians.
        • Workplace Injuries: Employees who sustain injuries during work, including repetitive strain injuries or accidents involving machinery.
        • Public Liability Claims: Injuries caused by hazardous conditions on public or private property, such as uneven pavements or wet floors.

        What If You’re Unsure About Eligibility?

        If you are unsure whether you can make a claim, consulting a lawyer is crucial. Lawyers assess your case, determine its merits, and guide you through the process. They will ask for evidence such as:

        • Medical reports documenting the injury.
        • Witness statements or photographs from the accident scene.
        • Records of financial losses, including time off work or ongoing medical expenses.

        Why Acting Quickly is Important

        The sooner you act, the better. Evidence can become harder to obtain as time passes, and missing the three-year deadline could result in losing your right to compensation.

        By understanding the basics of eligibility, you can take the right steps towards securing a personal injury claim that supports your recovery and future.

        Learn More About Personal Injury Claims

        This page provides only a short overview. For a full breakdown of the process, your rights, and what compensation may be available, read our complete guide:
        👉 Understanding Personal Injury Claims in Queensland: Process, Rights and Compensation

        Kathryn MacDonell

        Chief Executive Officer

        Kathryn is Trilby Misso’s Chief Executive Officer.

        Meet Kathryn

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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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