Personal injury claims: common questions
Answers to common questions about personal injury claims.
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Most asked
Who can make a personal injury claim?
Under Queensland law, a person injured through someone else's negligence, for example in a road accident or a public place, may be able to claim damages. A worker injured at work or because of work can generally make a WorkCover statutory claim, whoever was at fault. Each matter depends on its own circumstances.
Will I have to go to court?
Claims for damages must go through pre-court steps, including a compulsory conference where both sides try to settle. If the claim does not settle, it can proceed to court.
Eligibility
4 questions
Under Queensland law, a person injured through someone else's negligence, for example in a road accident or a public place, may be able to claim damages. A worker injured at work or because of work can generally make a WorkCover statutory claim, whoever was at fault. Each matter depends on its own circumstances.
In many cases, yes. Queensland law recognises that more than one party can share responsibility for an accident. Your compensation may be adjusted to reflect your share of responsibility, but partial fault does not necessarily prevent you from making a claim.
Yes. Time limits apply to all personal injury claims in Queensland and vary by type of claim; each claim page sets them out. Some claims need notice to the insurer within months, and court proceedings generally have to start within 3 years of the injury.
Often, yes. Some injuries, including soft tissue conditions, psychological effects and degenerative issues, develop or worsen after the initial incident. What matters is whether the injury can be linked to the event. Time limits still apply, and some notice periods run from when symptoms first appear; each claim page sets them out.
Costs & Fees
3 questions
Under a No Win No Fee arrangement, you don't pay our professional fees unless the claim succeeds. If your claim goes to court and fails, the court can order you to pay part of the other side's legal costs. The costs agreement sets out the terms, including how that risk is handled, before any work begins. Specific cost arrangements are explained at the first consultation.
No. Under our No Win No Fee arrangement, there are no upfront legal fees. At the first consultation, which is free, we explain how costs apply, including the other side's costs if a claim goes to court and fails.
We pay for medical reports and assessments while the claim runs and recover them from the settlement. If the claim is unsuccessful, you don't repay them.
The Claims Process
3 questions
While every claim follows its own path, the general process involves an initial consultation, gathering evidence and medical documentation, lodging your claim with the relevant insurer, negotiating a resolution, and — if needed — proceeding to a hearing.
Timeframes vary depending on the complexity of your matter, the type of claim, the severity of your injuries, and whether a resolution can be reached without a hearing.
Claims for damages must go through pre-court steps, including a compulsory conference where both sides try to settle. If the claim does not settle, it can proceed to court.
Compensation
2 questions
Depending on the type of claim, damages can cover medical and rehabilitation expenses, lost income and future earning capacity, pain and suffering, and, in CTP and public liability claims, care given free by family or friends if it meets minimum hours set by law. What is covered varies between claim types.
Compensation is assessed based on factors including the nature and severity of your injury, its impact on your capacity to work, your past and future medical needs, and how the injury has affected your daily life. Each matter is different.
Lawyers and your claim
1 question
You are not legally required to have a lawyer. A lawyer can explain your rights and act for you in the claim.
Common Concerns
2 questions
Queensland law includes protections for employees who make legitimate injury claims.
Your visa or citizenship status does not necessarily prevent you from making a personal injury claim in Queensland.
