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How to make a personal injury claim in Queensland

Garbis Kolokossian

Written by:

Garbis Kolokossian

If you’ve suffered an injury due to someone else’s negligence in Queensland, you may be entitled to compensation. Understanding your rights is the first step toward recovery, as navigating the claims process can be complex and overwhelming. Seeking compensation not only helps cover medical expenses and lost wages but also acknowledges the impact of the injury on your quality of life.

This comprehensive guide will walk you through the process of making a personal injury claim in QLD, covering various types of claims, their nuances, and the legal framework that governs them.

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Understanding personal injury claims in Queensland

A personal injury claim is a legal action taken by an individual who has suffered physical, psychological, or emotional harm due to the negligence or intentional actions of another party. In Queensland, personal injury law is designed to provide compensation to victims and to deter negligent behaviour.

The success of a personal injury claim hinges on proving three key elements:

  1. The defendant owed you a duty of care
  2. The defendant breached your duty of care
  3. You suffered harm as a result of that breach.

 

Queensland’s personal injury system has several distinctive features compared to other states:

  • A compulsory pre-court procedures process under PIPA (The Personal Injury Proceedings Act)
  • Different time limits for various claim types
  • A unique WorkCover system
  • State-specific compensation caps and thresholds.

 

Now, let’s look at the different types of personal injury claims recognised in Queensland and the specific considerations for each.

Types of personal injury claims in Queensland

Queensland law recognises several types of personal injury claims, each with its own set of regulations and procedures:

1. Motor Vehicle Accidents

Motor vehicle accidents are one of the most common sources of personal injury claims in Queensland. These can involve:

  • Car accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Cycling accidents
  • Truck or bus accidents.

 

Queensland operates under a fault-based system for motor vehicle accidents, meaning the person who caused the accident is liable for the damages.

The claim process typically involves:

  1. Reporting the accident to the police
  2. Seeking medical attention and keeping records
  3. Lodging a Notice of Accident Claim Form with the at-fault driver’s insurer within 9 months (compared to 6 months in NSW and VIC)
  4. Undergoing a medical assessment.

 

It’s important to note that even if you were partially at fault, you may still be eligible for compensation under Queensland’s comparative negligence system.

Learn more: A Guide to Car Accident Compensation QLD

2. Work-related injuries

Work-related injuries are covered by Queensland’s workers’ compensation scheme, primarily managed by WorkCover Queensland.

These claims can arise from:

  • Accidents in the workplace
  • Repetitive strain injuries
  • Occupational diseases
  • Psychological injuries related to work.

 

The process for making a work-related injury claim typically involves:

  1. Notifying your employer immediately
  2. Seeing a doctor and obtaining a Worker’s Compensation Medical Certificate
  3. Lodging a claim with WorkCover Queensland.
 

At-fault claims

It’s important to note that you can make a claim, even if the injury was your fault, as long as it wasn’t caused by serious and wilful misconduct. This principle was reinforced in the case of Newberry v Suncorp Metway Insurance Ltd [2006] 1 Qd R 519, where the court held that mere negligence by an employee does not preclude them from claiming compensation.

Journey claims

Queensland also still covers injuries during work commutes, which many other states have restricted. For example, a construction worker injured while travelling directly from home to work in Brisbane would be covered under Queensland’s journey claims provisions, while the same worker in NSW might not be covered.

3. Public liability claims

Public liability claims cover injuries that occur in public places or on private property due to the negligence of the property owner or occupier. These can include:

  • Slip and fall accidents
  • Dog bites
  • Injuries at sporting events or recreational facilities
  • Accidents in shopping centres or other businesses.

 

To succeed in a public liability claim, you generally need to prove that:

  1. The property owner/occupier owed you a duty of care
  2. They breached that duty by failing to take reasonable precautions
  3. You suffered harm as a result of that breach.

 

Learn more: How to make a public liability claim in Queensland

4. Medical negligence claims

Medical negligence claims arise when a healthcare provider fails to provide an adequate standard of care, resulting in harm to the patient.

These claims can involve:

 

Medical negligence claims are often complex and require expert evidence.

Key elements include:

  1. Proving a doctor-patient relationship existed
  2. Establishing that the healthcare provider breached their duty of care
  3. Demonstrating that this breach caused harm.

 

In less than six years, Queensland Health has paid out more than $390 million for 1,049 public health claims from January 2018 to October 2023. This underscores the substantial number of cases with significant payouts related to medical negligence.

Learn more: How often does medical negligence occur in Queensland?

5. Product liability claims

Product liability claims arise when a defective product causes injury. These claims can be based on:

  • Manufacturing defects
  • Design defects
  • Failure to warn of potential dangers.

 

The Australian Consumer Law provides protections for consumers in these cases. To succeed in a product liability claim, you generally need to prove that:

  1. The product was defective
  2. You suffered harm
  3. The defect caused you harm.
 

Find out how much you can claim today.

Call 1800 004 878

The Personal Injuries Proceedings Act (PIPA)

The Personal Injuries Proceedings Act 2002 (Qld) (‘PIPA’) establishes various procedural requirements for individuals seeking compensation in personal injury claims, including specific steps that must be followed before you can formally lodge a claim. Notably, PIPA does not apply to claims arising from car accidents, workplace incidents, or exposure to asbestos or tobacco products.

Statutory time limitations

PIPA outlines pre-court procedures that must be followed before initiating court pleadings. Claimants must notify the respondents of their intention to make a claim within a specified timeframe.

This notification is done through two prescribed forms, known as Part 1 and Part 2.

Part 1

Part 1 requires a detailed account of the incident that caused the injury, identification of the allegedly negligent party, information about any medical treatment received, and relevant circumstances surrounding the incident. A medical certificate relating to the injuries must also be attached to Part 1.

Once the respondent receives Part 1, they have one month to confirm whether they are the correct party to respond and to indicate whether they accept that Part 1 meets the necessary PIPA requirements. If they claim they are not the correct respondent, they must advise you on how to identify the appropriate party. If they argue that Part 1 is defective, they are required to provide a written notice detailing the defects, after which you have one month to correct them.

If the respondent fails to respond to your Part 1 Notice within one month, it is assumed that they accept the notice.

Part 2

You must complete and serve Part 2 within two months of the respondent accepting or responding to Part 1.

Failure to comply

If you do not meet these time requirements, you must provide a reasonable excuse for the delay. When considering whether to grant an extension, the Court will take into account factors such as the extent and nature of your injuries, the validity of your cause of action, and the reasons for your delay.

A lawyer can help you navigate this process, and if necessary, ensure that you present a compelling case for an extension.

Time limits for personal injury claims in QLD

It’s important to be aware of the time limits (also known as limitation periods) for lodging a claim: 

 

Most personal injury claims

3 years from the date of injury

Motor vehicle accidents

9 months from the date of the accident or the first appearance of symptoms

Work-related injuries

6 months from the date of injury

Claims against government bodies

1 year from the date of injury

Missing these deadlines can result in losing your right to claim, so it’s essential to act promptly. In some exceptional circumstances, the court may grant an extension, but this is not guaranteed.

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Steps to make a personal injury claim in Queensland

Regardless of the type of personal injury claim, the general process in Queensland follows these steps:

1. Seek medical attention

Your health should always be your priority. Ensure you receive proper medical care and keep all records of your treatments and diagnoses.

2. Report the incident

Notify relevant authorities (e.g., police for car accidents, employer for work injuries) as soon as possible after the incident.

3. Gather evidence

Collect witness statements, photographs and any other relevant documentation. This may include CCTV footage, accident reports, or correspondence related to the incident.

4. Consult a personal injury lawyer

An experienced lawyer can guide you through the complex legal process, help you understand your rights and maximise your chances of a favourable outcome.

5. Lodge a notice of claim

This must be done within the specified time limit, which varies depending on the type of claim. Your lawyer can help ensure you meet all necessary deadlines.

6. Participate in the pre-court proceedings

This may include compulsory conferences or mediation. Many claims are settled at this stage without the need for court proceedings.

7. Court proceedings

If a settlement isn’t reached through pre-court procedures, your case may go to court. Your lawyer will represent your interests and present your case before a judge.

Calculating compensation in personal injury claims

Compensation in personal injury claims, often referred to as “damages”, may cover a range of losses:

  1. Economic damages: Quantifiable economic losses, including:
    • Medical expenses (past and future)
    • Loss of income and earning capacity
    • Out-of-pocket expenses related to the injury
  2. General damages: These are non-economic losses, including:
    • Pain and suffering
    • Loss of enjoyment of life
    • Psychological impacts.

The exact amount varies significantly based on the specifics of each case.

Factors that can influence the compensation amount include:

  • The severity and permanence of the injury
  • The impact on your ability to work
  • Your age and life expectancy
  • The degree of fault attributable to each party.

It’s important to note that Queensland has caps on certain types of damages. For example, general damages for pain and suffering are capped and calculated using a scale set out in the Civil Liability Regulation 2014 (QLD).

Your health should always be your priority. Ensure you receive proper medical care and keep all records of your treatments and diagnoses.

Past QLD personal injury claim compensation amounts

 

Personal injury area

Case details

Settlement

Medical negligence

Our client had a failed lap band surgery in 2005, followed by an unnecessary gastric bypass in 2009, which resulted in complications and a serious infection due to the surgeon’s negligence in managing blood supply issues.

$300,000

Medical negligence

Our 38-year-old client was injured during a wisdom tooth extraction due to the dentist’s negligence, leading to complications and ongoing pain. She later learned the dentist had been restricted from performing such extractions.

$30,000

Common challenges in personal injury claims

While the process may seem straightforward, personal injury claims can face several challenges.

 

Proving negligence

Establishing that another party was at fault can be complex, especially in cases where multiple factors contributed to the injury.

Causation issues

Demonstrating that your injuries were directly caused by the incident in question can be challenging, particularly in cases involving pre-existing conditions or delayed onset of symptoms.

Insurance company tactics

Insurance companies may use various strategies to minimise payouts, such as disputing the severity of injuries or arguing shared fault.

Quantifying damages

Putting a monetary value on pain and suffering or future losses can be difficult and often requires expert testimony.

Statutory limitations

Strict time limits and procedural requirements can pose challenges if not carefully managed.

An experienced personal injury lawyer can help navigate these challenges and protect your rights throughout the claims process.

Find out how much you can claim today.

Call 1800 004 878

How GMP Law can help in QLD personal injury claims

We understand the complexities of personal injury claims in Queensland and the profound impact they can have on your life.

Our team offers compassionate, personalised legal representation, guiding you through every step of the claims process. With our expertise in this nuanced area of law, we are equipped to build strong cases, negotiate effectively with insurers and companies, and advocate vigorously for your rights in court if needed.

If you’ve been harmed due to someone’s actions while they were working or acting as an agent for another party, don’t navigate this challenging time alone. Contact us today for a free, no-obligation consultation.

Your rights matter, and we’re here to ensure they’re protected.

Frequently Asked Questions

The duration varies, but most claims are resolved within 12-18 months. Complex cases, especially those involving medical negligence, may take longer. Factors affecting the timeline include the complexity of the case, the severity of injuries, and the willingness of parties to negotiate.

Yes, psychological injuries are acknowledged under Queensland personal injury law. To successfully make a claim, you generally need to provide evidence of a diagnosable psychiatric condition. This may include documentation from mental health professionals that outlines the nature and impact of your condition on your daily life.

A statute-barred claim is one that’s made after the legal time limit (statute of limitations) has expired. These claims are generally not allowed to proceed, highlighting the importance of acting within the prescribed time limits.

Fault is determined based on the evidence presented, which may include witness statements, expert testimony, physical evidence, and relevant documentation. The court considers whether the defendant breached their duty of care and whether this breach caused the plaintiff’s injuries.

If you reject a settlement offer, negotiations may continue, or the case may proceed to court. It’s important to carefully consider any offer with your lawyer, as rejecting a reasonable offer could affect your ability to recover costs if the court award is not more favourable than the rejected offer.

Remember, every personal injury case is unique. If you’ve been injured in Queensland, it’s crucial to seek legal advice promptly to understand your rights and options. At GMP Law, we’re here to guide you through each step of this challenging process, ensuring your rights are protected and you receive the compensation you deserve.

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Case Summaries

Garbis Kolokossian

Author

Garbis Kolokossian

Partner

NSW-accredited public liability expert, Garbis Kolokossian, has 17 years of experience in personal injury law. He has secured more than $50M in compensation for clients in Public Liability, Motor Vehicle Accidents (MVA) and Wills disputes.

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© 2024 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
Class Actions
Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Services
Services
Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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