Personal Injury Law

At-fault driver say “sorry”? They still cannot be sued

In Queensland, the Motor Accident Insurance Act 1994 (Qld) (‘the Act’) determines the process of how a CTP claim must be made by an injured person, and how the at-fault driver and their CTP insurer must respond to the claim. An at-fault driver (or rider) is insured by a CTP insurer so long as the vehicle that caused the accident and injury was validly registered at the time of the accident.

Whenever legal action is brought in a court for damages ...

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How To Win A TPD Claim

If you’ve found this article, chances are you already know that many superannuation funds contain an insurance policy for total and permanent disability (TPD). These policies, often worth $100,000’s, can be claimed on if you experience a personal injury or disability which prevents you from being able to return to work. Understanding the TPD claim process and requirements is fundamental to winning your TPD Claim.

When it comes to TPD insurance, each superannuation fund’s insurer has their own policy requirements – ...

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Common Law Pay Outs – Actual Results, Queensland

If you have been injured at work and made a workers compensation claim, you will eventually learn that your weekly benefits are not going to be paid forever. Eventually, the workers compensation insurer (usually Workcover Queensland) will close out your claim by sending you to an independent medical examination (or for psychiatric injuries – to the Medical Assessment Tribunal) for the purpose of a permanent impairment assessment. After the examination, you will be issued a notice of assessment. ...

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Why you shouldn’t represent yourself in a claim for personal injuries

The are many reasons why someone might wish to represent themselves in their personal injury claim rather than engaging a lawyer. Despite a lawyer’s primary duty to act in the best interests of the client, there is sometimes mistrust and a fear that the lawyer may overcharge for their services. When it comes to personal injury claims, that fear shouldn’t be a major concern considering the 50/50 rule which applies to all No Win No Fee law firms ...

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Average payouts for personal injury claims in Queensland?

Payouts for personal injury claims are generally kept confidential and are usually only public knowledge if a judge determines the appropriate amount. In Queensland, the largest personal injury claim is considered to be around $20 million dollars for heartbreaking and serious brain injury where the claimant required constant care and assistance for the remainder of his life.

So personal injury claim payouts (or judgement awards, if the matter goes to trial) in Queensland can range anywhere from $0 – $20 million. ...

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Our Step-by-Step Guide to Making a Workers’ Compensation Claim

Unfortunately, around 25,000 Queenslanders get seriously injured at work each year. When you’re injured at work (or on the way to or from work), you are thrust into a different world beyond your control. To recover and return to a normal life, you have few options other than to rely on the advice from your doctor and be patient and persistent with your rehabilitation. During your recovery, you will probably receive different and conflicting information from your doctor, workplace insurer, ...

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Reducing Out-of-Pocket Medical Costs After Work Accidents

The difficulty of getting back on your feet after an injury is something that many people are unfortunately familiar with.

While we can’t do anything about accidents that happen or injuries incurred during them, there is something you can do once they have happened to minimise the impact on your life: get medical treatment as soon as possible.

However, the cost of medical treatment is naturally going to be a concern especially after you ...

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A 4-Step Guide on What to Do After a Slip and Fall

Everyone knows that an accident can happen at any time. Some of these accidents may be minor, but other times they can cause a life changing injury. How often do you stop to think about how you would cope if it happened to you?

The more you hear about the dangers of accidents and injuries, the more cautious you feel. Yet no matter how careful we are in public places where safety should be guaranteed, there is ...

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Personal Injury Claim Forms (QLD) – Download

In Queensland, depending on the type of personal injury claim you are making, you are required to commence the matter by using the prescribed claim form (usually called a claim notice). 

Warning: You should never attempt to complete an initial claim notice yourself. We strongly recommend that you engage a solicitor to ensure that the claim notice is completed correctly, and in a way that will help set up your claim to achieve the maximum possible compensation entitlement. Each claim form ...

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Can I change lawyers for my compensation claim?

The main reasons clients might seek to change lawyers for their personal injury claim are:

  • the client is unhappy with the communication from their current lawyer and doesn’t know the current status of their matter
  • the client is unhappy with the fees charged / accruing by the current lawyer
  • the client becomes aware of a more suitable or affordable lawyer
  • the client feels like their solicitor is not progressing the matter in a timely manner

If your lawyer becomes aware that you are unhappy ...

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