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Car accident lawyers Brisbane

Motor vehicle accident claims:
Your rights, our fight

Being involved in a motor vehicle accident can be a life-altering experience, leaving you with physical injuries, emotional trauma, and financial burdens. If you’ve been injured in a car accident in Brisbane, you need a personal injury lawyer to ensure your rights are protected.

At GMP Law, our experienced motor vehicle accident lawyers are dedicated to helping you navigate the complex legal landscape and fight for the compensation you deserve.

Understanding motor vehicle accident claims in Brisbane

In Queensland, motor vehicle accident claims are governed by the Compulsory Third Party (CTP) scheme under the Motor Accident Insurance (MAI) Act 1994. This scheme provides unlimited liability coverage for personal injury incurred by or in connection with a motor vehicle incident.

It’s important to understand that there are two potential avenues for compensation within the system:

  1. Statutory benefits: These are basic benefits provided by the CTP scheme, which can cover immediate medical expenses and some lost income.
  2. Common law claims: These are part of the CTP scheme but allow for more comprehensive compensation. In a common law claim, as the injured party, you must prove the negligence of the other vehicle driver or owner to seek compensation for injury or loss related to the accident.
 

Key points to understand:

  • The CTP scheme covers both statutory benefits and common law claims
  • Common law claims allow victims to seek monetary compensation for personal injury and other losses through the court system, but still within the framework of the CTP scheme
  • For a common law claim, you need to prove negligence to receive compensation
  • The CTP scheme covers drivers, passengers, vehicle owners, and other injured parties.

A specialised motor vehicle accident lawyer is invaluable in navigating this process. Our team at GMP Law can help you explore your options and investigate the strength of your case.

We're here to help.

Eligibility for motor vehicle accident compensation in Brisbane

You may be eligible for compensation if you’ve been injured in a motor vehicle accident in Brisbane where another part was at fault. This includes:

  1. Drivers harmed by the negligence of another vehicle
  2. Passengers in any vehicle involved in the accident
  3. Pedestrians in any vehicle involved in the accident
  4. Victims of hit-and-run accidents (covered by the nominal defendant scheme).
 

Even if you’re uncertain about your eligibility to claim, or you were partially at fault for the accident, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Compensation for motor vehicle accidents in Brisbane comes from either the CTP scheme or the nominal defendant scheme. Under common law, there are several ‘heads’ of damages that can be compensated, each assigned a point value between zero and 100, referred to as the Injury Value System (ISV).

These include:

  1. Future medical treatment and rehabilitation expenses
  2. Out-of-pocket expenses (medical, travel, pharmaceutical)
  3. Past and future wage loss
  4. Past and future superannuation loss
  5. Past and future gratuitous care
  6. General damages (pain and suffering)
  • Severity and long-term impact of your injuries
  • Impact on the quality of your life.

To calculate your ISV, you can refer to the Civil Liberty Regulation 2014. Contact GMP Law to speak with our lawyers that will help you determine the ISV of an injury, the point value, and the dollar value for you.

No Win No Fee

Fee transparency that you can trust

At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.

How it works

No upfront costs

No contingency fee

We’ll only charge you if we win.

We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.

This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.

Frequently asked questions about motor vehicle accident claims in Sydney

To prove negligence in a motor vehicle accident case, we must establish:

  1. Duty of care: The other driver had a responsibility to drive safely
  2. Breach of duty: The driver failed to meet this responsibility
  3. Causation: This failure directly led to the accident and your injuries
  4. Damages: You’ve suffered harm as a result of the accident.

Our motor vehicle accident lawyers work with medical professionals to build a strong case on your behalf.

Queensland has strict time limits that apply to motor vehicle accidents. Here are the key timeframes to remember:

  • One month from the first consultation with a car accident lawyer, if you’re retaining one
  • Three months after the incident to lodge a claim with the nominal defendant for a vehicle that cannot be identified
  • Nine months after the incident if the at-fault vehicle has been identified or at the first sign of symptoms from the injury, whichever comes first.

The sooner you properly lodge your notice of accident claim, the sooner the CTP insurer can release funds to cover damage, medical treatment, and rehabilitation (if needed).

Compensation amounts vary widely depending on the specifics of each case. Factors such as the severity of injuries, economic loss, and long-term impacts all play a role. In a past case, we secured $461,429 for a client injured in a rear-end collision. However, each case is unique and we will assess your claim based on your individual circumstances.

 

We offer a free initial consultation to help individuals explore their options.

In these cases, you can still seek compensation through the nominal defendant scheme. You have three months from the date of the accident to lodge a claim for unidentified vehicles.

Pre-existing conditions don’t necessarily exclude you from compensation. If the accident aggravated or made your condition worse, you may still be eligible for compensation related to this worsening. Our team of motor vehicle accident lawyers are experienced in handling complex cases involving pre-existing conditions.

Justice for victims of motor vehicle accidents in Sydney

At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for injuries sustained in car accidents in New South Wales.

Background


Our client from Western Sydney suffered serious physical and psychological injuries in a motor vehicle accident when another driver collided with him while changing lanes.

The challenge


The CTP insurer of the at-fault driver acknowledged liability but denied requests for treatment during the claims process.

GMP Law’s approach


  1. Filed disputes with the insurer to contest their treatment decisions

  2. Successfully challenged the assessment of the client’s whole-person impairment, resulting in the insurer conceding that his injuries surpassed the 10% threshold

  3. Gathered essential medical evidence to bolster the claim

  4. Engaged in a settlement conference with the insurer to negotiate a fair resolution.

Outcome


Following negotiations with the insurer, we successfully obtained a settlement of $250,000 for our client, which includes legal costs.

Background


Our client and his wife were driving when a car on the opposite side of the road veered into their lane, causing a head-on collision. Both sustained significant physical and psychological injuries.

The challenge


The client suffered extensive injuries to his head, upper body, cervical spine, hands, lumbar spine, foot, and knee, as well as psychological trauma including shock, anxiety, and PTSD.

GMP Law’s approach


  1. Obtained medical evidence to support the client’s level of impairment

  2. Gathered evidence of education and pre-injury employment details to demonstrate the impact on the client’s career as a full-time scientist

  3. Engaged in an informal settlement conference with the insurer

  4. Negotiated to maximise the client’s compensation.

Outcome


We successfully settled the claim for $500,000, providing our client with substantial compensation for his injuries and loss of earning capacity.

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way:
Initial consultation
We’ll listen to your story, assess your case, explain your rights, and discuss potential compensation – all at no cost to you.
Evidence gathering
Our team will meticulously collect medical records, witness statements, and expert opinions to build a strong case.
Claim submission
We’ll handle all the paperwork and file your claim with the relevant insurance company or court.
Negotiation
We’ll handle all the paperwork and file your claim with the relevant insurance company or court.
Court representation
If necessary, we’ll represent you in court, fighting tirelessly to ensure you receive the compensation you deserve.
Ongoing support
We’re here to address any questions or concerns that arise along the way.

What our clients say about us

Meet the Brisbane-based car accident claims team

Meet some of the diverse and dynamic Brisbane lawyers who support our clients with their motor vehicle accident claims.

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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.
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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