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.
If you’ve sustained a physical or psychiatric injury in an accident due to someone else’s actions or inaction, you may be entitled to seek compensation. Our comprehensive guide to personal injury claims explains the following:
- The personal injury claim process
- The workings of a personal injury action and settlements
- Common questions about compensation claims
- And what you must prove to successfully claim accident compensation.
A private solicitor at Splatt Lawyers can explain your legal rights on a 100% no-win, no-fee basis. It’s free to know your options. Call 1800 700 125
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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 for 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:
- Duty: the legal obligation owed to the injured party
- Breach of duty: the defendant owed a duty, and they failed to meet the standard of reasonable care
- Causation: the duty breach caused your injuries
- 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.
Eligibility to Make a Personal Injury Claim
In Australia, you could be eligible to 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 general three-year limitation period to start court proceedings for a compensation payout, although different laws apply in each state.
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. It’s free to know where you stand. Call 1800 700 125.
Personal Injuries that Qualify for Accident Compensation Claims
Personal injury law covers different types of accidents that result in monetary compensation, the most common ones being:
Motor Vehicle Accident
There are frequent injuries from motor vehicle accidents on Queensland roads. You could suffer physical harm accompanied by mental trauma when a swift and violent force impacts you in a:
- Car accident
- Pushbike accident
- Motorcycle crash
- Truck accident
- Public transport accident
- Pedestrian accident
- Hit-and-run accident
Typical physical damage from motor vehicle accidents includes:
- Whiplash injuries
- Head and neck trauma
- Serious burns
- Spinal cord injury
- Bone fractures
- Loss of limb
- Mobility impairment
More about car accident claims >
Work-Related Accidents
Under the state workers’ compensation scheme, people injured at work in Queensland could have the right to seek restitution for economic loss, including if they are harmed:
• In an Accident on the way to or from work
• During work-related travel or activities.
• Due to employer’s negligence
When approved, WorkCover typically funds workers’ compensation payments. In Queensland, physical or psychological work injuries are frequently the result of:
- Workplace psychiatric illness
- Work stress and anxiety
- Workplace bullying and harassment
- Occupationally acquired diseases (like lung cancer)
- Falling from a height
- Other slips and trips
- Work-related vehicle accidents
- A moving object strikes you.
More about work injury claims >
Public Liability Claims
You could be eligible to make a public liability claim when injured in a public place in diverse and varied situations. Owners and operators of public spaces have a general duty to take reasonable steps to keep you safe. They typically have public liability insurance to protect them financially if something goes wrong, including:
- Slipping and falling in a public space
- Injury on a council footpath
- Injury on private property (or rental property)
- A sporting or recreational accident
- An animal attack injury
- A faulty product injury
More about public liability claims >
Medical Negligence
You could be eligible to 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.
(Splatt Lawyers does not provide legal advice for medical negligence cases)
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:
- Fatal accidents
- Brain damage
- Spinal cord injuries
- Severe burns
- Major psychiatric disorders
- Eyesight injuries
- Head and neck injuries
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How to Make a Personal Injury Claim
A successful personal injury claim relies on evidence. To make a claim, you must first:
- 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
Injury Compensation Legal Services
Splatt Lawyers can explain your legal rights and entitlements, including what you must prove for a successful outcome. It’s free to know your legal options. Call 1800 860 777 or email us >
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, including how much they impact your life. How much compensation you receive in a personal injury settlement depends on:
• The severity of injuries
• Your previous health and your age
• Your current occupation and salary
• The amount of time you were absent from work.
• How much your injuries have impacted your work capacity.
Personal injury compensation claim values vary when:
- Injuries are significant
- You have more time off work
- You have a higher average income
These factors increase the size of financial loss, which is critical when deciding the value of a compensation claim.
Learn how personal injury payouts are calculated >
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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.
How Long is a Personal Injury Settlement?
Most personal injury cases will typically settle between nine months and several years. How long it takes to receive compensation depends on a few factors, including:
- 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.
- Establishing legal liability: proving who was liable for your harm and linking their action or inaction to your mental or physical condition.
- Severity of harm: claims for personal injury cannot proceed until injuries are stabilised. Catastrophic damage will take longer to reach this stage.
What is a Structured Settlement?
Once a settlement agreement is signed, you can receive compensation as either a lump sum payment or periodic payments, called a structured settlement. Sometimes, a structured settlement includes a lump sum component followed by regular payments.
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What is the QLD Time Limit for Accident Compensation Claims?
In Queensland, personal injury compensation claims must begin within three years of the accident date. This period can be extended in some situations. Other conditions apply if the injured party was younger than 18 when the incident occurred.
- Generally, three years from the date the accident, illness or injuries happened.
- For car accidents, you have:
• Nine months from the date of the incident
• Or one month from the date of consulting a personal injury solicitor about a case. - Applications for workers’ compensation claims also have a limitation period of six months, and three years for common law claims.
Splatt Lawyers can provide free initial legal advice including the time constraint that applies to your case. Call 1800 700 125
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 to being awarded damages compensation in Queensland are as follows:
- Gathering information and evidence
- Create a legal claim strategy.
- File a damages claim
- Assessment of damages
- Negotiating a settlement
- Going to court (if necessary)
- You receive a lump-sum personal injury claim settlement.
Gathering Information and Evidence
First, gather as much information as possible (claim preparation), such as accident details, medical records and assessments, expert testimony, eyewitness statements, police reports, and accident scene photographs, video and CCTV footage.
Filing a Damages Claim
A damage claim 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.
Court Proceedings
In Queensland, most personal injury claims are settled without court action, saving costs like court filing fees. This step is the final step to a lump sum payment.
Compensation Settlement
Once a settlement is reached, there is a lump sum payout or periodic payments. If you are working with a no-win, no-fee agreement, legal fees and costs will be deducted from a 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 except road accident claims, workplace accident claims, injuries arising from criminal activity, or asbestos and dust-related disease claims.
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Legal Advice from a Personal Injury Lawyer
Splatt’s personal injury lawyers can explain the legal process, including mediation and court proceedings. Splatt Lawyers can advise:
- If you have a valid claim
- Your compensation entitlements.
- The compensation claim process
- Our 100% no-win, no-fee policy
- The next steps to protect your legal rights.
Splatt Lawyers provides a free first consultation. Call 1800 700 125.
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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.
According to WorkSafe QLD, the average payout for a workers’ compensation common law claim from 2022 to 2023 was $188,794. However, depending on the circumstances, compensation for severe injuries with permanent impairment, like paralysis or loss of a limb, could result in a higher payment.
How is pain and suffering calculated for QLD personal injury claims?
Personal injury claim calculations consider economic and general damages (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 because of your injuries. When calculating the amount of money, 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:
- QLD Workers’ Compensation and Rehabilitation Regulation 2014 (WCRR)
- 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.
Do you pay tax on a personal injury claim settlement?
In Queensland, personal injury claim payouts are generally not considered taxable income. A financial consultant can advise on tax liability when receiving a settlement.