These cases can often be completed within 12 to 18 months. Remember each case is unique and there are cases that take longer than this.
I have a psychiatric condition as a result of my child being killed in an accident- can I bring a claim?
Yes. This is what we call a “nervous shock” claim. The claim will proceed against the party at fault.
My partner was killed in a motor vehicle accident during the course of her employment. Do I need to involve WorkCover Queensland and can I still bring a claim against the CTP insurer of the vehicle at fault?
Yes it is important that WorkCover be involved as there are lump sum payments that WorkCover will be obliged to pay to the deceased’s partner and children.
Subject to how much lump sum compensation is paid by WorkCover, it will probably be advisable to bring a claim against the CTP insurer of the vehicle at fault.
My partner was killed in an accident – can I bring a claim?
Yes. If you have had a partner killed in an accident which is the fault of a third party, you can bring a claim against that third party for your loss.
That loss and how it is calculated will depend very much on your circumstances that existed at the time of your partner’s death.
Should I handle the claim myself or engage a Personal Injury Lawyer?
This area of law is complex if you are not practising in it daily. Many lawyers choose not to work in this area because of its complexity.
It is important to understand that the insurer is under no obligation to advise an injured claimant of his or her rights to claim certain damages.
We have been consulted by numerous self acting claimants over the years who have received an offer from an insurer. On many occasions it becomes apparent that the insurer has been attempting to resolve the matter without even allowing for critical heads of damage such as future economic loss or future medical expenses.
What can I claim for?
If your deceased partner was earning income at the time of his or her death, irrespective of whether that was paid work or income from Centrelink, you can make a claim for the loss of benefit of that income that would otherwise have flowed to you if your partner had not died.
In addition, if your partner carried out domestic duties around the house e.g. mowing, cooking, cleaning etc, you can make a claim for the loss of those domestic services from the date of the accident until the date your deceased partner would otherwise (according to certain statistics) have lived to.
The cost of the funeral and memorial plaque can be recovered.
If you have suffered a psychiatric condition as a result of the sudden death of your loved one, you can bring a claim for damages and loss arising from that psychiatric condition.
Who pays out the compensation in a death claim?
The insurer for the party at fault. For example, if your loved one was killed in a motor vehicle accident the claim will proceed against the insurer of the vehicle at fault.
Can I recover my mounting medical and rehabilitation bills up front or do I need to wait until the end of the claim?
If the insurer admits liability at an early stage, we can ask the insurer to reimburse you for those expenses before the claim is finalised. Each request will be looked at on a case by case basis by the insurer.
How long will the claim take?
This depends on the severity of your injuries and the circumstances of your accident.
As a rule of thumb, we arrange for you to be examined by our preferred medical specialist at 9 to 12 months after the accident. That medical specialist is asked to answer a number of important questions including how severe your injuries are and what is the likelihood that those injuries will have an impact on your ability to work in the future.
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 12 months and 2 years from the date of the accident.
If there is something peculiar about your case or it is more complicated, it could take longer.
I suffered an injury in a public place that was the fault of the owner of the property who pays out, does the owner of the property have to pay any money?
No, as long as the property owner has public liability insurance. In the vast majority of cases there is always public liability insurance so the insurer handles the claim and pays out on behalf of the property owner.