Personal injury law firms in Queensland must comply with specific legislation that outlines specific regulations for resolving injury claims. Commonly called PIPA, the laws within this legislation regulate how personal injury lawyers can market their business and how injury claims are managed. The Act covers personal injuries arising from various incidents and emphasizes the importance of compliance with specific sections and notice requirements before initiating court action.
This piece will explore an overview of the Personal Injury Proceedings Act and how it has helped injured people in Queensland.
How is a ‘personal injury’ defined?
Personal injuries can concern physical or psychological harm or damage. These categories are broad, and there are many circumstances where someone can have a personal injury claim. For example, someone has been involved in a bicycle accident and sustained a spinal injury and a broken leg (two harmful physical injuries). As a result of the crash, the same person also developed severe stress and anxiety (two equally serious psychological injuries).
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What is the Personal Injury Proceedings Act 2002 (Qld) – PIPA?
Now, imagine accidents and injuries that occur in Australia daily! Wouldn’t it be convenient to have an appropriate balance between the benefits and costs of insurance premiums and ensure injured people receive adequate compensation? Luckily, the Queensland Parliament beat us to this idea in 2002 by introducing a particular legislative method called the Personal Injury Proceedings Act 2002 (Qld). The Personal Injury Proceedings Act 2002 (Qld), often known as “PIPA,” governs the process of personal injury claims and specifies how personal injury lawyers can describe their legal services.
In Queensland, it’s essential to know that PIPA applies to all personal injury claims except in cases governed by separate legislation, such as motor vehicle accidents and workplace injuries. The following Acts regulate these types of accidents:
- Motor Accident Insurance Act 1994 (Qld)
- Motor Vehicles Insurance Act 1936 (Qld)
- Workers Compensation and Rehabilitation Act 2003 (Qld)
- WorkCover Queensland Act 1996 (Qld)
Where Did PIPA Originate?
The introduction of PIPA aimed to facilitate the ongoing affordability of insurance through appropriate and sustainable awards of damages for personal injury. Before the collapse of HIH insurance and the terrorist attacks in New York on 11 September 2001, there was data that public liability insurance premiums were on the rise. These events significantly impacted the insurance industry, leading to a significant (in some cases, up to 1000%) increase in public liability insurance premiums.
These massive premium hikes affected the viability of not-for-profit organisations and several small businesses, especially tourism operators. Although many factors contributed to insurance premium increases, governments across Australia responded with a range of targeted legislation to contain the problem. This legislation included PIPA, which reduced the costs of legal proceedings by outlining a rigid process with which claimants must comply before legal proceedings proceed to court.
How is PIPA applied in the real world?
While it’s fascinating to understand the history of personal injury law, it’s equally as fascinating to see some instances where the courts have applied PIPA. Under section 27(1)(b) of the Act, potential claimants are entitled to ask defendants for “evidence that is in the respondent’s custody about the circumstances of, or the reasons for, the incident”. In other words, the party accused of causing a personal injury must cooperate with the party seeking compensation by providing information related to the claim.
The courts considered this section of PIPA in a case called Haug v Jupiters Limited. This case involved Ian Haug, the guitarist of the famous Australian rock band Powderfinger. Haug pursued legal action against Jupiters Casino in Brisbane after he was injured in an altercation with security personnel. Haug requested detailed security information from the casino, such as “the identifying description of all cameras that filmed the incident and where they were located.”
QLD Court of Appeal Decision
The Queensland Court of Appeal decided this request was “not about the circumstances of, or reasons for, the incident,” as required by the disclosure obligations under section 27. Instead, the Court found this information related to “matters of security relevant to [the casino’s] proper functioning. The events of these days did not unfold as Haug had anticipated, and the court ordered him to cover the casino’s legal expenses.
Pre-court Procedures under PIPA
Overview of Pre-court Procedures
The Personal Injuries Proceedings Act 2002 (PIPA) outlines specific pre-court procedures that must be followed before commencing court proceedings. The pre-court procedures under PIPA aim to resolve personal injury claims by mediation and require the claimant to provide:
- A notice of claim
- The respondent’s preliminary response
- And the compulsory conference
Before a personal injury claim can proceed to court, PIPA mandates several pre-court procedures designed to streamline the process and encourage an early settlement.
The claimant must serve a notice of claim to the respondent detailing the incident and the injuries sustained. This notice starts the process and allows the respondent to prepare a preliminary response. which provides the respondent’s initial stance on the claim. Potential responses include:
- Admitting liability
- Denying the claim
- Requesting further information
Finally, there is a compulsory conference where both parties attempt to resolve the matter without needing court proceedings.
Key Requirements for PIPA Claims
Time Limits for Making a Claim
Under PIPA, there are specific time limits for making a claim. A claimant must give a Part 1 Notice of Claim to the proposed defendant within either
- 1 month of instructing a law practice to act on their behalf and identifying the liable defendant.
- 9 months after the incident that caused the personal injury, or, the first appearance of symptoms of the injury.
A claimant must comply with their limitation period to be eligible to receive compensation. These time limits are in place to ensure that claims are made while evidence is still fresh and to provide a clear timeline for both parties involved.
Notice of A Claim
A notice of claim is a critical document that must be served on the respondent before commencing court proceedings. This document contains specific information, including:
- The claimant’s name and address
- The respondent’s name and address
- A description of the incident giving rise to the personal injury
- And the nature of the personal injury
The notice of claim must also be accompanied by a medical certificate that provides evidence of the claimant’s personal injury.
The notice of a claim is a crucial compensation for personal injury proceedings under PIPA as it:
- Sets the stage for the entire claims process
- Substantiates the claimant’s injuries
Serving a well-prepared notice of claim to the liable party progresses court proceedings and ensures they seriously consider their response.
Free Initial Legal Advice for PIPA Claims
The compensation lawyers at Splatt Lawyers can explain complex PIPA legislation in plain English. Our 100% ‘No Win, No Fee’ funding policy means our clients pay legal fees and outlays only if they win, and nothing if they lose.
If you have sustained injuries in a car, workplace, or public place accident, our Queensland lawyers can explain your rights. It’s free to know your options. Call 1800 700 125
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