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Personal Injury Claims QLD: Accident Compensation Settlement Guide

Want to make a personal injury claim in Queensland? Our comprehensive guide to personal injury and accident compensation claims helps you understand the ins and outs of seeking compensation and the steps you should take to access a personal injury settlement.
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Personal Injury Claims: How Do They Work?

Personal injury claims require the negligent party to pay legal damages to the injured person, which can be a complex process with several pitfalls. Consequently, a compensation lawyer studies law at a university and works in their chosen field for many years to gain expertise in personal injury law.

If you’ve sustained a physical or psychiatric injury in an unexpected accident and want to seek compensation, consult our comprehensive guide to personal injury claims and seek legal advice from our lawyers about your rights. Our essential guide will help you understand the following:

  1. How to make a personal injury claim
  2. The workings of a personal injury action and settlements
  3. Common questions about compensation claims
  4. And the steps to successfully claim accident compensation.

What is my claim worth?

What is a Personal Injury Claim?

A personal injury claim is a legal action for damages in which the injured person seeks compensation for physical or psychological injuries caused by another person or party’s wrongful or negligent actions.

What is Negligence in Personal Injury Cases?

A person is negligent in a personal injury case if they do not exercise the degree of care that a reasonable person would take in a similar situation to ensure the safety of others. For example, there are many types of negligence actions for a motor vehicle accident, including:

  • Using a mobile phone while driving
  • Disobeying QLD traffic laws
  • Dangerous or reckless driving
  • Driving under the influence of alcohol or other substances

What Must I Prove to Win a Personal Injury Case?

To have a successful outcome in a personal injury case, you must show the claimant or plaintiff suffered a foreseeable injury due to someone else’s negligence. There are four elements of a personal injury claim, including:

  1. Duty: the legal obligation owed to the injured party
  2. Breach of duty: the defendant owed a duty, and they failed to meet the standard of reasonable care
  3. Causation: the duty breach caused your injuries
  4. Damages: The duty failure was to blame for the plaintiff’s loss. When this is shown, they can claim common law damages for lost wages and super, medical expenses, cost of home care, and non-economic damages like pain and suffering and emotional distress.

Can I Make a Personal Injury Claim?

In Australia, you can make a personal injury claim when you have physical or psychological injuries caused by someone else’s negligence, and you suffer a financial loss. There is a three-year limitation period to start court proceedings for a compensation payout. However, swift legal advice helps protect your rights in this type of matter.

Splatt Lawyers provides free legal advice for negligence claims, including your eligibility. All our legal services are 100% no win, no fee. Pay when you win and zero if you lose. Start for free by Calling: 1800 700 125.

Types of Personal Injuries that Qualify for Accident Compensation

Personal injury law covers different types of accidents that result in monetary compensation, the most common ones being:

Car Accident Injuries

There are frequent motor vehicle accident injuries on Queensland roads. You could suffer physical harm accompanied by mental trauma when a swift and violent force impacts you in a:

In this circumstance, you could be eligible to make an injury claim. Typical physical damage from motor vehicle accidents includes:

More about car accident claims >

Work-Related Accidents

You can make a work-related accident claim under numerous circumstances, including:

Accident on the way to or from work
• During work-related travel or activities.
• Due to employer’s negligence

When approved, WorkCover typically funds your workers’ compensation payments. In Queensland, physical or psychological work injuries are frequently the result of:

More about work injury claims >

Guide to workers’ compensation payouts >

Public Liability Claims

You can make a public liability claim when injured in a public place in diverse and varied situations. Owners and operators of public spaces like shopping centres, council-owned properties, body corporates, car parks, rental properties, (and many others) owe a duty of care to keep you safe. They typically have public liability insurance to protect them financially if something goes wrong, including:

More about public liability claims >

Medical Negligence

You can make a medical negligence claim when doctors, hospitals, surgeons, GPs, and other medical specialists fail to provide sufficient medical treatment or care. Negligent medical treatment typically includes misdiagnosis, defective implants, birth injuries, prescription errors, and delayed diagnosis.

Claims for Serious Injuries

Compensation for serious injuries covers a wide range of physical and psychological harms, including those that result in disability or permanent impairment. The Personal Injuries Proceedings Act 2002 (Qld), the Motor Accident Insurance Act 1994, and the Queensland workers’ compensation scheme generally govern these claims. Catastrophic injuries can include conditions such as:

More about serious injury claims >

Free Online Claim Check

Shaking hands after a successful personal injury claim

How to Make a Successful Personal Injury Claim

A successful personal injury claim relies on evidence. To win, you must:

  • Show that the negligence of the other party caused your injury
  • Prove your injury caused you a loss (and how much loss)

To do this, you will need evidence to support your claim, including:

  • Medical reports and expert assessments
  • Photos and video of the accident scene
  • Statements from witnesses
  • Law enforcement reports or internal work reports

Personal injury lawyers understand the complexities of personal injury law. When harmed by the negligence of others, Splatt Lawyers explain your legal rights and entitlements. It’s free to know if you have a valid injury claim. Start now by Calling: 1800 860 777 or email us >

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The Importance of Advice From a Personal Injury Lawyer

Most people only have one personal injury claim in their lifetime, and claiming compensation can be challenging. This is primarily because most personal injury claims are litigated by large insurance companies, who aim to limit their liability and minimise the value of a personal injury settlement. When you seek advice from a personal injury lawyer, they will:

  1. Explore all aspects of your case
  2. Identify the negligent parties
  3. Explain the legal process and a path to justice.

They also:
• Negotiate with insurance companies on your behalf
• Help you gather evidence
• Represent you in court if necessary.

A man using a calculator to calculate the compensation for a personal injury case

How Much Compensation for a Personal Injury Claim Payout?

Every personal injury compensation claim is different and so is its payout value. The nature and severity of physical or psychological damage will vary depending on your unique circumstances, as will their impact on your life. How much compensation you receive in a personal injury settlement depends on:

• The severity of your harm
• Your previous health and your age
• Your current occupation
• How much are you currently paid
• The amount of time you were absent from work.
• How much your injuries have impacted your work capacity.

Personal injury compensation claims are worth more when:

  • Injuries are significant
  • You have more time off work
  • You have a higher average income

These factors increase the size of your loss, which is critical when deciding the value of a compensation claim.

Learn how personal injury payouts are calculated >

What is my claim worth?

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What is Included in Personal Injury Settlements?

The primary goal of compensatory damages in personal injury settlements is to put the injured party back in their position if they had not suffered an injury. When calculating the monetary value of a successful claim payout, several “heads of damages” are considered, making up the total value of personal injury settlements. Factors include:

  • Lost wages due to time away from work.
  • Medical treatment expenses, hospital and rehabilitation costs.
  • Your travel-related medical expenses
  • Home care costs
  • Future lost income
  • Compensation for pain and suffering

Generally, the purpose of a personal injury settlement is to cover the costs incurred from sustained injuries, with adjustments based on specific circumstances. Future losses and compensation for pain and suffering are usually considered for severe injuries.

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What is The Time Frame for a Personal Injury Settlement?

Most personal injury cases will typically settle between 3 months and several years. How long it takes to receive compensation depends on a few factors, including:

  1. Accident type: motor vehicle injury claims generally settle within six months, while workers’ compensation cases can take up to a year. Other types of more complex claims can take 2 or 3 years.
  2. Establishing legal liability: proving who was liable for your harm and linking their action or inaction to your mental or physical condition.
  3. Severity of harm: claims for personal injury cannot proceed until injuries are stabilised. Catastrophic damage will take longer to reach this stage.

Our personal injury lawyers provide a time estimate when you contact us for free legal advice: Call Now 1800 700 125

Get Started Now- It's Free

What is the QLD Time Limit for Accident Compensation Claims?

In Queensland, personal injury compensation claims must begin within three years of your accident date. In some situations, this period can be extended. Other conditions apply if the injured party was younger than 18 when the incident occurred. 

At Splatt Lawyers, knowing the lodgement deadline for your case is free. Call 1800 700 125

Infographic of personal injury claims process timeline

What is the Personal Injury Claims Process?

The personal injury claims process is complex and time-consuming, although the steps below may make it seem deceptively simple. The steps for seeking damage compensation in Queensland are as follows:

  1. Gathering information and evidence
  2. Create a legal claim strategy.
  3. File a damages claim
  4. Assessment of damages
  5. Negotiating a settlement
  6. Going to court (if necessary)
  7. You receive a lump-sum personal injury claim settlement.

Gathering Information and Evidence

The first step in the injury claim process is to gather as much information as possible (claim preparation). An experienced lawyer will explain how to gather evidence, such as your accident details, medical records and assessments, expert testimony, eyewitness statements, police reports, and accident scene photographs.

Filing a Damages Claim

Next, file a damages claim. This submission involves preparing and submitting a legal document that outlines the details of your case, including the parties involved, the injuries suffered, and the amount of compensation you seek.

Assessment of Damages

Queensland personal injury cases are subject to several legal regulations and requirements when assessing damages. Injury compensation seeks to restore the injured party’s life to where it would be had they not suffered harm.

Negotiating a Settlement

Settlement negotiation involves negotiating a compensation payout with the responsible party and their insurer, which will take time. The insurer will try to reduce your compensation claim, while your lawyer will seek the best outcome.

Court Proceedings

In Queensland, most personal injury claims are settled without court action, saving costs like court filing fees. This step is the final option to claim lump sum payments. If you decide to proceed with court litigation, a personal injury lawyer will represent and protect your rights.

Compensation Settlement

Once you complete the above steps and win your case, you will receive a compensation payout. If you sign a no-win, no-fee settlement agreement, your legal fees and costs will be deducted from your lump sum payout.

QLD Legislation Relating to Claims for Personal Injury Compensation

The Personal Injuries Proceedings Act 2002 (PIPA). supports your right to claim compensation for a personal injury in Queensland This legislation covers a range of compensation matters but does not apply to road accident claims, workplace accident claims, injuries arising from criminal activity, or asbestos and dust disease claims. 

What is No Win No Fee ?

A personal injury lawyer giving legal advice regarding accident compensation claims on a laptop

Legal Advice from a Personal Injury Lawyer

Personal injury claims can be challenging and time-consuming, so most seek legal advice from expert compensation lawyers.

In Queensland, you have the right to seek legal advice if someone else’s negligence caused your accident injuries. At Splatt Lawyers, our free legal case review will explain:

  1. If you have a valid injury claim
  2. The approximate value of your compensation.
  3. Potential barriers to success
  4. Explain our fees
  5. Your next steps to protect your legal rights.

Splatt Lawyers is a Queensland personal injury firm providing 100% No Win, No Fee legal services. So, it costs nothing to start your case, and you owe nothing until you win. Call our no win, no fee lawyers now at 1800 700 125.

Get Started Now- It's Free

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Queensland-Wide Personal Injury Lawyers

When you need legal advice for a personal injury compensation claim, a Splatt litigation lawyer is near you. Choose your location:

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FAQs for Personal Injury Compensation Cases

How much are most personal injury settlements?

The value of personal injury settlements depends on several factors, including the type of accident. In Queensland, compensation settlements are typically confidential, yet claim information is sometimes included in governmental reports.

As a guide, a compensation payout can range from over $60,000 for minor damage to over $1 million. Compensation for severe injuries with permanent impairment, like paralysis or loss of a limb, could be several million dollars, depending on the circumstances..

How is pain and suffering calculated for QLD personal injury claims?

When you have a successful personal injury claim, you will likely receive an amount for general (or non-economic) damages – also known as pain and suffering. These damages cover your loss of amenities, pain and suffering and the emotional distress you have endured and will continue to experience because of your injuries. When calculating your loss, these factors can be considered:

  • Your age
  • How long you are expected to live
  • The impacts of any pre-existing conditions
  • Other non-injury-related life impacts that would have emerged
  • Your lost enjoyment of life
  • The pain you have suffered during recovery

Under Queensland compensation legislation, an injury scale is used to calculate your pain and suffering loss, and are typically assessed using:

  1. QLD Workers’ Compensation and Rehabilitation Regulation 2014 (WCRR)
  2. QLD Civil Liability Regulation 2014 (CLR)

While the CLR is used for most injury claims, such as public liability, motor vehicle and road accidents, the WCRR is used for common law claims for work injuries.

Can you sue for personal injury in Australia?

In Australia, you can file a personal injury lawsuit if you demonstrate that another person’s negligence or wrongful actions caused the injury.

What types of accidents are subject to personal injury claims?

Australian personal injury law allows you to make a claim for motor vehicle accidents, workplace injuries, medical negligence, and public liability incidents.

What is meant by aggravated damages?

When the defendant’s actions are so unacceptable that additional compensation is required to fairly compensate the injured party, such as when the defendant intentionally harms the other party, the court may award aggravated damages.

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