Please note that the answers to Personal Injury Law Frequently Asked Questions should not be taken as legal advice. Every compensation claim for personal injuries is different. Call or email Carew Lawyers to receive legal advice specific to your circumstances.
Three Year Limitation Period – All Personal Injury Claims
The most important time limit in a personal injury compensation claim, is the three year limitation period. You must start court proceedings within three years of your accident, otherwise you will lose your legal right to claim compensation. There are limited situations where a court may extend this period, but it is important to get advice from a compensation lawyer as soon as possible.
Before you can start any court action, generally you must follow what are called pre-court steps.
Different types of accidents (e.g. motor vehicle accidents, workers compensation, public liability accidents) have slightly different pre-court steps that must be followed. There are also legal time limits that apply as to when you must start a compensation claim for personal injury. Please read FAQ: Motor Vehicle Accident or Road Accident Claims, Workers’ Compensation Claims and Public Liability Claims for specific time limits on compensation claims.
For specific and free initial legal advice on these time limits, email or call us.
Important Limitation Periods – Motor Vehicle Accident or Road Accident Claims
Insured vehicle
If you have details of the vehicle at fault and it is insured, then a Notice of Accident Claim form must be lodged with the CTP insurer either within one month of your consultation with a lawyer, or nine months from the date of the accident, whichever comes first.
If these requirements are not fulfilled, you must provide a reasonable excuse for delay. Should this be the case, we highly recommend obtaining legal advice.
Uninsured or unknown vehicle
If the vehicle at fault was not insured or is unknown (e.g. hit and run), then a Notice of Accident Claim form must be lodged with the Nominal Defendant. Claims against the Nominal Defendant have different limitation periods:
A Notice of Accident Claim form must be lodged within three months of the date of the motor vehicle accident;
If a Notice of Accident Claim form is lodged after three months of the date of the motor vehicle accident, then a reasonable excuse for delay must be provided; and
If a Notice of Accident Claim form is not lodged within nine months of the date of the motor vehicle accident, you will forever lose your legal right to claim compensation for personal injuries against the Nominal Defendant.
Email or call us for free initial advice about lodging a claim for personal injuries from a motor vehicle accident.
Important Limitation Periods – Workers’ Compensation Claims
Applying for workers’ compensation
Following an injury at work, you must make an Application for Compensation to WorkCover Queensland or directly to your employer if they are self-insured, within six months of the injury.
There is a risk that you could lose your right to claim workers’ compensation if you do not make your application in time. There are certain instances in which you will be allowed to lodge your Application for Compensation after six months, but in such a case, it is essential you obtain legal advice from compensation lawyers.
Common law claim for damages/compensation
The general three year limitation period may be extended for workers’ compensation common law damages/compensation claims. Recent changes have been made to this area of the law, so it is essential you obtain legal advice about how this affects your rights to compensation.
Email or call us for free initial advice about your personal injury claim and these important time limits.
Important Limitation Periods – Public Liability Claims
To start a public liability claim, you must lodge a Part 1 Notice of Claim under the Personal Injuries Proceedings Act with the person or business who you hold responsible for causing your personal injury (the respondent). The Part 1 Notice of Claim must be lodged with the respondent either within one month of your first consultation with a lawyer or nine months from the date of the accident, whichever comes first.
If these requirements are not fulfilled, you must provide a reasonable excuse for delay. Should this be the case, we highly recommend obtaining legal advice from public liability lawyers.
Email or call us for free initial advice about your personal injury claim and these important time limits.
How much money can I claim?
Carew Lawyers will ensure that you obtain your full legal entitlement to compensation. This may include:
Pain and suffering
You can claim a limited amount of compensation for the pain, suffering and impact of an injury on your life. This is strictly limited by law, so it is recommended you call or email us for advice.
Lost wages
After an injury, you may need time off work to recover. You can claim compensation for wages lost as a result of your inability to work during this time.
Loss of future wages
If you are left with long term pain and suffering, which affects your ability to return to work and earn an income at the same level as before the accident, you can claim loss of future wages.
Loss of superannuation
By taking time away from work after a personal injury, not only will you lose your income, but you will also lose superannuation payments that should have been made to you. You can claim both past and future loss of superannuation.
Out of pocket expenses
Out of pocket expenses include any money you spend on medication, treatment, care, and assistance, following a personal injury. Whether your injury happens in a motor vehicle accident, public liability accident or a workplace accident, you may be out of pocket because of your personal injury, and can claim these expenses.
Future medical expenses
If a doctor recommends you should have some treatment or take some medication in the future in order to treat your personal injury, we can claim these future medical expenses for you.
Other expenses
In some motor vehicle accident, workers’ compensation, and personal injury claims, there may be other costs for which you can be compensated, including:
Equipment (e.g. wheelchair, exercise balls, TENS machine, catheters etc.);
Paid care and assistance (e.g. lawn mowing or gardening services, Blue Care, etc.);
In some cases, time that family and friends provide you with care and assistance
I am outside of South East Queensland, does that matter?
Carew Lawyers are personal injury lawyers based in Brisbane, with a presence on the Gold Coast and Sunshine Coast. Given the centralisation of insurance companies in Brisbane, we can service clients anywhere in Queensland, with the help of modern technology.
Whether you are in Cairns, Rockhampton, Bundaberg, Gold Coast, Ipswich, Toowoomba or anywhere in between, our commitment is to stand by all people in Queensland who find themselves injured and up against an insurance company.
How much will a compensation lawyer cost me?
We are a No Win, No Fee personal injury law firm, which means if you don’t win, you don’t pay. Our personal injury lawyers also offer free initial advice to those who believe they may be entitled to make a claim.
How long will my claim take to finish?
Given the different circumstances and nuances between every compensation claim, time frames vary.
Before you can start any court action, you must generally follow pre-court steps. This involves obtaining all the essential information and documents, including medical reports, and then meeting with the insurer to negotiate a settlement.
Email or call us now to discuss your claim and we can give you an estimate of the length of your claim.
Why should I choose Carew Lawyers as my compensation lawyers?
You should choose a compensation lawyer who you feel comfortable and confident with. When you contact Carew Lawyers, you speak with a personal injury lawyer, not a paralegal or secretary.
We approach your case with empathy, and as No Win, No Fee Brisbane lawyers, you can rest assured knowing we’re confident in your claim.
Contact us for free initial advice from our experts in personal injury law Brisbane and beyond.