Personal injury & compensation (QLD only)

A single moment on the road, a split-second on a work site, a fault in equipment or an institutional failure can result in devastating injury.

Queensland based compensation

You have the right to claim compensation for personal injury when you have been injured because of the actions or negligence of someone else.

Personal injury and compensation law

Personal injury is complex and difficult to navigate. And this is just law we’re talking about.

Add to the mix having to deal with insurance companies and you can see how lodging a personal injury compensation claim on your own is the last thing you want to do when you’ve been injured.

Make the slightest mistake with your claim or miss a strict deadline and the entire case goes down the drain or you could potentially lose thousands of dollars.

It’s that easy to mess it up.

The process

To get the maximum compensation amount you’re entitled to by law, you must submit conclusive evidence to support your claim.

Think of doctors’ reports, details of the incident, ongoing care expenses, loss of income, the list goes on.

Do you think you’re up for the task? Or maybe you’ll be better off to engage a skilled lawyer who knows the Compensation Law like the back of his or her hand to handle a complex, unfriendly process while you’re recovering?

Free initial legal advice

This is where we come in.

To start with, we offer you a Free, No Obligation Consultation.

Sit with one of our lawyers for straight answers about what we can do for your compensation claim. During the meeting, you’ll have the chance to get a feel of our firm and what we stand for.

This is a free consultation (usually, an hour you spend with our lawyer costs at least $400 plus GST).

In addition, if your compensation claim fails, we will not charge you a cent for the work we have done for you. It will be our loss, not yours.

If your compensation claims succeeds, we’ll charge you only for the work we have done on your behalf. This is what we call No Win No Fee Process.

In other words — what do you have to lose? Nothing.

You engage a team of highly trained Personal Injury Lawyers with years and years of experience in Queensland Personal Injury Law to act on your behalf without ever seeing a legal bill from us until we settle your claim for you.

35% Cap on Professional Fees

No Uplift Fee

How you benefit:

  • You will always get more than your lawyer
  • Provides certainty to your professional fees
  • Protects your compensation
  • One of the best offers in the industry
  • No extra fees just for doing our job
    Transparency with our capped professional fees so you know exactly what you will be charged for
Get in touch

4-Steps-1-Process

Get in touch

Book your free, no obligation consultation with one of our Personal Injury Lawyers in Brisbane (teleconferencing will work too)

Initial consult

Tell us your story and what happened

Negotiation

We manage all negotiations with the insurance company

Settlement

We settle with the insurer and process your payment as soon as we receive it

Type of injuries we assist in?

Car accidents

If you have been injured in a car accident, you may have a claim against the insurer of the vehicle at fault. Car accidents do happen in congested cities like Brisbane.

The effects range from devastating tragedies to temporary inconveniences.

Whatever the outcome, we can assist you or your family members.

Motorbike accidents

There is a unique thrill to riding on two wheels. Bikers often speak about the adrenaline, relief and respect that come with navigating a motorbike across an open road.

However, travelling on two wheels makes you more susceptible to accidents. The effects for riders are usually devastating. If you have been injured in a motorbike accident, you may have a claim against the insurer of the vehicle at fault.

Whether you ride a supersport, cruiser, supermoto, or a moped, we can assist you or your family members in seeking adequate compensation.

Cycling accidents

Many of our lawyers enjoy cycling as a sport to keep fit or ride to work. Anyone that has ever had a cycling accident will tell you that the impact is usually devastating.

Cycling accidents are known for serious injuries and in some situations lead to death.

If you have been injured in a cycling accident, you may have a claim for compensation.

Workcover & workplace injury

We believe that everyone has the right to go to work and return home safely. Employers have an obligation to provide a safe workplace.

However, accidents do happen from time to time. Whilst in many cases a good recovery and quick return to work can be achieved, sometimes the injured worker will need to be retrained or will suffer ongoing physical difficulties.

If you have been injured in accidents involving unsafe equipment, unsafe practices, scaffolding, ladders, unsafe lifting procedures, lack of training, burns, slips and falls, or whilst travelling to or from work our personal injury team can help.

Superannuation TPD claims

It is now commonplace to be insured for Total and Permanent Disability (TPD) cover within superannuation. Superannuation TPD claims are becoming more frequent. In fact, many Australians now hold income protection/TPD policies outside super concurrently.

If through injury or illness you are unable to return to your usual occupation, then it may be possible to access the insurance cover for TPD.

Our lawyers regularly advise on Superannuation TPD claims.

This can be considered regardless of whether you have made another type of claim, e.g. CTP, Workers’ Compensation or another type of compensation.

We will review your policy, and provide some preliminary advice on your prospects on making a claim.

Death claims

When someone is killed because of the wrongful act or negligence of another, it often leads to financial hardship the spouse, the children, and the family has to deal with.

If your loved one died because of the fault of another, such as a car or work accident, airline catastrophe or an accident in a public place, you may be able to claim a death dependency claim.

We understand that this is a difficult, traumatic time for you and your family. We can assure you that our team will treat you and your family with utmost respect and empathy while acting on your behalf.

Product liability

Manufacturers have a responsibility to ensure the quality and safety of their goods. In law, this concept is known as product liability.

Generally, Australian consumer legislation governs product liability. However, actions may be brought for breach of contract.

Consumers who suffer loss or damage as a result of defects in a manufacturer’s goods may have remedies available to them.

Have defective products or goods caused you injury? You may have a product liability claim.

Sexual & Institutional Abuse

We have been actively involved in advice and claims as a result of child sexual abuse in an institutional context for many years.

This has included advising and appearing for institutions who were called to give evidence before the Royal Commission into Institutional Responses to Child Sexual Abuse led by one of our Directors, Alistair Macpherson.

Royal Commission Experience

We have served a number of institutions that have been called to give evidence in the Royal Commission. Our team has experience in navigating these cases from enquiry to court following processes, adhering to deadlines and applying for rebate from the Commission.

Our services have included acting for:

  • churches
  • para-churches or ministries
  • schools
  • care facilities

Practical Application in Compensation Matters

Our team has extensive experience dealing with compensation matters. We understand that historic incidents are often hard to prove when the evidence does not exist.

Our method is to listen to your story, provide advice and journey with you throughout your case.

We understand that plaintiff proceedings are not easy, and we will explore all avenues to seek an early resolution and bring peace of mind to you and those around you.

Discrimination

Discrimination against a person on the grounds of race, colour, sex, sexual preference, age, impairment or disability, marital status, pregnancy, or religion is against state and federal laws.

If you believe you have been prejudiced against, then you may have a complaint of discrimination.

Additionally, if an unreasonable condition is being imposed upon you and you cannot comply with the condition because of your attribute, you may have a complaint of discrimination.

Discrimination usually must occur in a particular area (such as employment, education, goods and services, club membership etc).

There are some limited exemptions to discrimination being unlawful such as where it is a “genuine occupational requirement” or for certain religious bodies.

Unfair dismissal & employment

The relationship between an employer and employee is governed by federal and state laws and regulations. If this relationship is not handled correctly it can lead to legal action.

Our lawyers regularly advice clients on:

  • Bullying
  • Discrimination
  • Grievance procedures
  • Independent investigations
  • Employee entitlements
  • Personal and carers leave issues
  • Workers Compensation claims (WorkCover)
  • Implied duty of mutual trust and confidence

In the area of dismissal or termination of employment, we advise clients on:

  • Unfair dismissal or termination
  • Adverse action
  • Breach of contract
  • Bullying complaints
  • Redundancy

 

Is your injury keeping you at home (QLD based)?

We can have a meeting meeting with you over the phone or via video conference or we can visit you either at home or in the hospital. Call our office (07) 3252 011.

FAQs about personal injury claims

Who can make a motor vehicle accident claim?

If you are injured as a result of a motor vehicle accident in Queensland as a driver, passenger, cyclist, or pedestrian and you are not at fault, you will be entitled to bring a claim against the CTP insurer of the vehicle at fault.

If your passengers were injured, but you were the driver at fault they are still entitled to bring a claim.

What do I do if I’m injured in a motor vehicle accident?

  1. Take the name and address from the at fault driver.
    We would recommend taking photographs of the accident scene including the damage sustained by the vehicles.
  2. Notify Police.
    If the Police do not attend, visit your nearest police station to report the accident.
  3. Seek medical attention.
    Make sure you seek immediate medical attention for a full medical check up.
  4. Contact Corney & Lind Lawyers.
    Contact our office to discuss your accident. We will start your claim process within 24 hours as strict time frames apply.
  5. Lodge your claim.
    The sooner your claim is lodged, the quicker you can concentrate on making a full recovery. We will guide you through the recovery stage to ensure you obtain maximum compensation.

How do I make a motor vehicle accident claim?

You will need to complete a Notice of Accident Claim form.

Your GP will need to complete the medical certificate attached to the Notice of Accident Claim form.

This is a pre-requisite for any insurer to consider funding your treatment, rehabilitation and compensation settlement payment.

What if my accident happened on my way to or from work?

You will still have the same rights to make a claim against the insurer of the vehicle at fault.

You may also have the right to make a claim against your Workers Compensation insurance for medical and rehabilitation expenses and weekly wages.

Who can make a product liability claim?

If you are injured as a result of a defective or faulty product in Queensland and you are not at fault, you may be able to lodge a claim for compensation.

What type of TPD claims can I make?

Broadly speaking, there are two types of TPD definitions:

  1. Own occupation; and
  2. Any occupation.

An own occupation policy will pay the policy-holder a benefit if by injury or illness the insured is unable to work again in their current occupation.

With any occupation, a policy will pay only if it can be satisfied that the insured will be unable to work again in any occupation (reasonably suited by education, training and experience).

Hence in most cases, it is easier to establish entitlement in an own occupation policy than any occupation.

However, from 1 July 2014, TPD policies within superannuation no longer allow new own occupation policies.

No matter which policy you hold, we recommend in the event that you are suffering a long-term injury or illness to speak to our Brisbane Personal Injury Lawyers regarding superannuation TPD claims and have your policy reviewed for eligibility.

What do I do if I’m injured at work?

  1. Report the incident and injuries to your employer immediately.
  2. Seek medical attention.
    Make sure you seek immediate medical attention. It is always advisable to receive a full medical check up.
  3. Lodge your application for compensation with your employer’s Workers’ Compensation insurer.
    The sooner your claim is lodged the quicker you can concentrate on making a full recovery. We will guide you through the application stage to ensure you obtain maximum compensation.
  4. Contact Corney & Lind office to discuss your workplace accident.
    We will start your claim process within 24 hours as strict time frames apply.
  5. Do not accept any lump sum offers made to you by any parties without obtaining legal advice.
    Doing so may forfeit your right to a comprehensive compensation pay out under the common law. We can explain this process to you in detail during Step 4.

Could I be fired if I make a personal injury claim?

No.

Both the Workers’ Compensation & Rehabilitation Act and the Fair Work Act provide legal protection so you cannot be sacked for lodging a compensation claim.

If you are sacked for lodging a claim related to your workplace injury, speak with your lawyer for further legal advice.

What can I claim?

At the time of negotiations, we will advise you of your entitlements, including for components such as:

  • Pain & suffering
  • Loss of income
  • Future loss of income/earning capacity or risk
  • Medical treatment and expenses incurred
  • Future medical expenses
  • Loss of superannuation
  • Gratuitous care and assistance from family and friends
  • Paid commercial care and assistance
  • Retraining costs
  • Equipment and aids
  • Housing modification costs
  • Vehicle modification costs

Your damages are generally tax free.

How much will my personal injury claim cost?

Our firm operates on a No Win No Fee basis.

We also provide a free initial consultation which gives you the opportunity to discuss the merits of your case.

Our professional fees are not charged as a percentage of your damages. We only charge you for the work carried out.

Our fixed 35% cap on professional fees means more money in your hands.

Are there any time limits to lodge a personal injury claim?

The legislation imposes strict timeframes for lodging your claim.

The sooner you lodge a claim the better.

Your claim must be lodged within 9 months of your accident or within one month of consulting with us.

You have 3 years from the date of accident to commence a claim in the court.

How long will my personal injury claim take?

Every claim is as different as the claimant lodging it.

Different factors may prolong or shorten the time it takes for you to receive your compensation. We will discuss the different factors that will impact the length of your claim.

The process will also depend on how quickly you recover from your injuries.

Will I need to go to court?

Every claim has the potential to reach a court hearing. Generally, however, approximately 98% of claims settle out of court.

Can I represent myself in a personal injury compensation claim?

Some claimants decide to initiate the process as self-represented litigants.

Personal injury compensation claims have complexities that if missed or misunderstood can affect the outcome of your claim.

Contact us today to discuss your claim and understand the complexities in detail.

Talk to us today

Liability limited by a scheme approved under professional standards legislation (personal injury work exempted).