Overview
Time Limits
No Win No Fee
FAQ

Overview

Compensation rights and entitlements for accidents and injuries that do not involve a motor vehicle or the workplace will be covered under Personal Injuries. Such claims may include public liability, occupiers’ liability, professional negligence, product liability and medical negligence claims against:

• Doctors and other health professionals;
• Pubs, clubs or hotels;
• Supermarkets, shopping centres or other premises;
• Local councils or statutory bodies;
• Parks, sporting grounds or other recreational spaces;
• and many others.

Personal Injuries can change your life forever. Pain and suffering aside, you may never be the same physically, socially, mentally and financially. You may be thinking compensation, in which case you should be thinking Splatt Lawyers. We can’t ease your pain, but we are confident we can ease your burden by helping you reach a satisfactory outcome.

6 Things You Must Know About Personal Injury Claims

• Time Limits apply.
• Negotiation is not negotiable. You must attempt to resolve the matter out-of-court through negotiation. This process involves holding a compulsory conference and exchanging offers.
• Medico-legal Reports are crucial in a personal injury claim. You should see a specialist once the injury has stabilised.
• The respondent(s) must issue a liability response, admitting or denying responsibility.
• Every attempt should be made to settle out of court.
• You have a duty to: undergo a medico-legal examination, fully cooperate with the respondent(s), provide them with relevant reports, and mitigate your loss.

Time Limits

Generally, in relation to accidents in Queensland you only have three years from the date of accident within which to issue proceedings in Court. Should you not issue proceedings within this time then you could lose your rights forever and be prevented from claiming.

A ‘Notice of Accident Claim Form’ must be given to the all parties at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor. Special provisions apply in relation to notification in medical negligence matters, especially those involving children.
If the Notice of Claim is lodged outside this time period, an explanation must be provided detailing a reasonable excuse for delay.

Proceedings can not be issued in Court unless ‘pre-court’ procedures have been completed pursuant to the Personal Injuries Proceedings Act.

If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge for leave to issue proceedings. Proceedings must then be filed within the limitation period. Proceedings issued in this way are stayed until the pre-court procedures have been completed.
Also, whether within the three year limitation or not, a matter can be statute barred if proceedings are not filed and served within 60 days of the holding of a compulsory conference.

No Win No Fee

At Splatt Lawyers we acknowledge that many injured people become financially distressed as a result of an injury and may not be able to afford the up-front costs involved in running a claim for personal injuries.

We work on a No Win No Fee Basis, we will agree to act on a speculative basis after a careful assessment of the facts and circumstances of your case. To act on a speculative basis means that we undertake not to render an account for our professional costs unless and until the matter is successfully concluded in your favour.

For more information about our No Win No Fee policy click here.

FAQ

Is there any other basis for personal injury compensation besides bringing a common law claim in Queensland?

WorkCover Queensland has a statutory scheme of compensation. Such schemes are ‘no fault’ (meaning you do not have to prove negligence against the wrongdoer) but do not provide the same level of compensation as common law.

Victims of Crime may be entitled to some Government assistance.

In motor vehicle and other claims a common law claim is often the only way of receiving any compensation.

What if I drive for my job and have a motor vehicle accident during my work – is it a WorkCover claim or a motor vehicle claim?

The simple answer is both. If you have a car accident at work or on your way to work you will need to lodge a notice of claim with the correct third party insurer of the at fault vehicle.

You will also need to lodge an application for compensation with WorkCover. However, as is the usual case, there will be no negligence alleged against your employer.

A common law claim will proceed only against the compulsory third party insurer of the at fault vehicle.

What if a person dies before bringing a personal injury lawsuit?

The deceased person’s estate via the executor of the estate may be able to make a personal injuries claim and should seek legal advice immediately. Moreover, dependents and people having witnessed the accident may also be able to make a claim and should also seek legal advice immediately.