Work Accidents
Are there any time limits which apply to bringing a claim?
Yes. Generally speaking, there is a 3 year time limit which runs from the date your accident occurred.
If your injury came on over a period of time, there are special rules that apply to determining when the 3 year time limit starts running.
The exceptions to the 3 year time limit are very rare. If a ‘material fact’ of a ‘decisive character’ does not come into your knowledge about the case until after the 3 year time limit expires, in certain cases you can still bring a claim provided the Court’s permission is obtained within certain time limits. These cases need to be looked at very closely and if you find yourself in this position, we recommend that you act without delay and seek legal advice.
Can I make a claim?
If you have suffered an injury at work it is very likely you will be entitled to make a claim by lodging papers with your employer’s insurer, WorkCover Queensland.
Whether you should simply accept a lump sum offer or bring a damages claim (the lump sum offer is usually a fraction of the amount you would recover if you succeed with a damages claim), very much depends on the circumstances of your case.
It is important that you seek legal advice from a solicitor who specialises in this area of law so that you know what your rights are.
How long will my 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.
How much compensation will I receive?
This depends on the severity of your injuries and the strength of your case.
At the risk of stating the obvious, the more serious the injuries the greater the chance of damages being higher. That said, it is very important to understand that each case is unique. For example, a right index finger amputation sustained by a 63 year old office worker who does not need to type is going to be an entirely different case to a 30 year old electrician who loses an index finger on his or her dominant hand.
I get paid by a labour hire provider but was hurt out on a work site – can I make a claim?
Yes you can. You have exactly the same statutory rights as any other injured worker and will therefore be entitled to weekly benefits and medical expenses etc.
You can bring a damages claim. Given the unique circumstances of your employment, the damages claim is often made against your actual employer (the labour hire company) as well as your host employer (the company under whose control you were working at the time of the accident).
I have been hurt at work and want to get the ball rolling – how do I start?
We recommend you seek legal advice immediately.
The next step will then be to ensure that an application for WorkCover benefits is lodged as soon as possible. That application should be lodged within six months of the date of the accident or if that time has already passed, as soon as possible.
I have received a lump sum offer from WorkCover – should I accept it?
No. It is important that you seek legal advice before making a decision about accepting the lump sum offer.
If you accept the lump sum offer, you lose your rights forever to bring a damages claim in respect of the matter. The only exception to this is if the injuries sustained in your accident exceed a threshold set out in the legislation.
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.
Will my employer have to pay?
No. WorkCover Queensland is the insurer for your employer.
What can I claim for?
Anyone who is hurt in the course of their employment is entitled to be covered by WorkCover Queensland for medical expenses, rehabilitation expenses and lost wages.
If you bring a damages claim you can claim for:
- Damages for pain and suffering
- Past loss of income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
Injured workers are also entitled to ask WorkCover Queensland to assess them for permanent impairment so that a lump sum compensation offer can be made. In our experience WorkCover Queensland will not always volunteer that information to injured workers.
If you bring a damages claim, WorkCover Queensland will almost always have to pay out considerably more than if you simply accept the lump sum offer. We consider this to be a conflict of interest and we believe that WorkCover Queensland in every case should advise injured workers to seek independent legal advice.
Who is WorkCover?
WorkCover is state government insurer. WorkCover insures the vast majority of employers throughout Queensland against accidents suffered by workers in the course of their employment.
If you have suffered an accident at work it is very important that you understand this fact. The same organisation (WorkCover) that makes a lump sum offer to you insures the employer if you bring a damages claim. In other words, it is usually in WorkCover’s interests that you accept the lump sum offer because that will often save them a lot of money.
Accordingly, you should not rely upon any advice that WorkCover officers may attempt to give you in relation to the lump sum offer or your rights to a damages claim generally.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. Less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.
Will you handle my case on a No Win No Fee basis?
Yes we will assess your case on a No Win No Fee basis. If your case has prospects, we will agree to handle it on a No Win No Fee basis.
More information on our No Win No Fee promise can be found by clicking the toolbar at the top of this screen.
Car Accidents
Are there any time limits which apply to bringing a claim?
Unless you are under the age of 18, a 3 year time limit applies. That is, you must bring your claim and ensure certain things have occurred within 3 years of the date of the accident.
The relevant legislation requires you to lodge a Notice of Accident Claim Form with the insurer of the vehicle at fault within 9 months of the date of the accident, or within 1 month of consulting a lawyer about bringing a claim, whichever date is earlier. If you do not lodge a notification within that time, it is not fatal but you must provide the insurer with a reasonable explanation for the delay.
Can I claim my legal costs from the insurer?
Yes, provided your claim exceeds the threshold set out in the relevant legislation.
In our experience, between 35% and 70% of the final legal bill can be recovered from the insurer.
Can I make a claim?
If you have suffered an injury in a motor vehicle accident which has been caused (partially or wholly) by another person, you can bring a claim.
The claim proceeds against the Compulsory Third Party (CTP) 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 (which it often does) 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. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date
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 was hit by an unregistered vehicle – can I still make a claim?
Yes . The claim will proceed the same way as if the car was registered. However the claim will proceed against the Nominal Defendant.
The Nominal Defendant is a government funded insurer which exists to cover people hurt by hit and run drivers or drivers who are driving vehicles which are unregistered.
I was the passenger in a car driven by a close friend or family member – if I bring a claim will they have to pay anything?
No. The claim will proceed against the CTP insurer of the vehicle being driven at the time.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
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.
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?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of incomePast and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance.
What is the 50/50 rule?
The 50/50 rule is a safety net for a claimant. It is a rule that must be followed by a lawyer who handles a personal injury claim on a “No Win No Fee” basis.
In simple terms, the rule requires the lawyer to reduce professional fees in circumstances where his fees would otherwise exceed what the injured claimant would receive after payment of legal fees and refunds.
By way of simple example, assume a claim settled for $30,000 and if after payment of out of pocket expenses and refunds, there was $26,000 left. If the total amount of professional work done by the lawyer was $20,000, he or she will have to reduce the fees to $13,000. That is, $4,000 is paid to the third parties for out of pocket expenses, $13,000 is received by the injured claimant and $13,000 is received by the law firm, even though the law firm has done $20,000 worth of work
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.
Medical Negligence
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 (which it often does) 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. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date.
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 want to bring a claim for damages as a result of the medical negligence- but is there any other body I can complain to about the poor medical treatment I have received
Yes. You can make a complaint to the Health Quality and Complaints Commission.
If I bring a claim against the doctor or hospital at fault, do they have to pay?
No, the doctor or hospital will have an insurer. The claim will be handled by that insurer and the damages will be paid out by that insurer.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
What can I claim for?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of
assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.
Slip and Fall
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.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
What can I claim for?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of incomePast and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of
assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court
Fatalities
Are there any time limits which apply to bringing a claim?
Unless you are under the age of 18, a 3 year time limit applies. That is, you must bring your claim and ensure certain things have occurred within 3 years of the date of the accident.
How long will my Medical claim take?
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.
Brain Injuries
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 (which it often does) 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. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date.
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 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 18 months and 2 years from the date of the accident.
In our experience, brain injury claims often involve additional specialist medical evidence. For example, it is common to require the involvement of a psychiatrist, neurologist and clinical neuropsychologist. Further, in the more serious cases it is necessary to involve an occupational therapist who will report on the level of paid assistance required in the future.
If there is something peculiar about your case or it is more complicated, it could take longer
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
What can I claim for?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
Except for WorkCover claims, if you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends (past and future).
For example, if you will require 20 hours of assistance per week for the rest of your life, a substantial claim will be made for that future assistance at the appropriate hourly rate.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.
Hit and Run
Are there any time limits which apply to bringing a claim?
Unless you are under the age of 18, a 3 year time limit applies. That is, you must bring your claim and ensure certain things have occurred within 3 years of the date of the accident.
The relevant legislation requires you to lodge a Notice of Accident Claim Form within 1 month of consulting a lawyer about bringing a claim. Because it is a hit and run case, you should involve the Police immediately and deliver the Notice of Accident Claim Form to the Nominal Defendant within 3 months of the accident. If the Notice of Claim is not given to the Nominal Defendant within 9 months of the accident, the claim is barred.
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 (which it often does) 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. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date.
Do I need to involve the Police?
Yes. It is very important to involve the Police immediately.
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.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
What can I claim for?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of
assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court
Motorcycle Accidents
Are there any time limits which apply to bringing a claim?
Unless you are under the age of 18, a 3 year time limit applies. That is, you must bring your claim and ensure certain things have occurred within 3 years of the date of the accident.
The relevant legislation requires you to lodge a Notice of Accident Claim Form with the insurer of the vehicle at fault within 9 months of the date of the accident, or within 1 month of consulting a lawyer about bringing a claim, whichever date is earlier. If you do not lodge a notification within that time, it is not fatal but you must provide the insurer with a reasonable explanation for the delay.
Can I claim my legal costs from the insurer?
Yes, provided your claim exceeds the threshold set out in the relevant legislation.
In our experience, between 35% and 70% of the final legal bill can be recovered from the insurer.
Can I make a claim?
If you have suffered an injury in a motor cycle accident which has been caused (partially or wholly) by another person, you can bring a claim.
The claim proceeds against the Compulsory Third Party (CTP) 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 (which it often does) 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. However in most cases, the insurer will look at reimbursing you for those expenses at a relatively early date.
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 was hit by an unregistered vehicle – can I still make a claim?
Yes. The claim will proceed the same way as if the car was registered. However the claim will proceed against the Nominal Defendant.
The Nominal Defendant is a government funded insurer which exists to cover people hurt by hit and run drivers or drivers who are driving vehicles which are unregistered.
I was the passenger in a car driven by a close friend or family member – if I bring a claim will they have to pay anything?
No. The claim will proceed against the CTP insurer of the vehicle being driven at the time.
Is it worthwhile bringing a claim – I’m not sure whether my injuries are severe enough?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
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?
You can claim for:
- Damages for pain and suffering
- Past loss of wages or other income
- Future loss of income
- Past and future medical expenses
- Out of pocket expenses
If you need domestic assistance around the house for things that you once did before the accident e.g. washing clothes, mowing the lawns, cooking etc, you can make a claim for the total number of hours of assistance provided by family members or friends.
For example, if for a period of 12 months after the accident you received 9 hours of assistance per week with cooking, cleaning around the house, washing and hanging out clothes, ironing etc, a claim can be made at the appropriate hourly rate for that assistance.
What is the 50/50 rule?
The 50/50 rule is a safety net for a claimant. It is a rule that must be followed by a lawyer who handles a personal injury claim on a “No Win No Fee” basis.
In simple terms, the rule requires the lawyer to reduce professional fees in circumstances where his fees would otherwise exceed what the injured claimant would receive after payment of legal fees and refunds.
By way of simple example, assume a claim settled for $30,000 and if after payment of out of pocket expenses and refunds, there was $26,000 left. If the total amount of professional work done by the lawyer was $20,000, he or she will have to reduce the fees to $13,000. That is, $4,000 is paid to the third parties for out of pocket expenses, $13,000 is received by the injured claimant and $13,000 is received by the law firm, even though the law firm has done $20,000 worth of work.
Why can’t the claim finish earlier?
It is important to understand that your injuries need to settle down before our preferred medical specialist is asked very important questions. If your injuries have not settled down it makes it very difficult for the medical specialist to answer the questions and that increases the chances of an error or something being missed by that specialist.
Once your claim is resolved, there is no turning back. That is, if the doctor misses something because the case was rushed, you cannot reopen your claim.
Will I need to go to Court or can it be settled out of Court?
The vast majority of cases settle out of Court. In fact less than 2% of damages claims reach the inside of a Court room.
The majority of cases are resolved at a compulsory settlement meeting that must be held between the parties before Court proceedings can be issued. If the matter does not resolve at the compulsory settlement meeting, that does not mean it will reach the inside of a Court room. There are still opportunities to resolve the matter after Court proceedings are issued and before the matter reaches Court.
Superannuation Claims
Can I claim on more than one superannuation policy for T.P.D.?
Yes, you can claim on as many superannuation policies as you own.
What if my disability is not work related?
Your disability does not have to be work related. It can be from a heart attack, stroke, cancer or mental illness.