The Right For Personal Injury Compensation
In Queensland, 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 Injuries And Compensation Law
Personal Injury Law 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.
Personal Injury Compensation 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 your Brisbane Personal Injury Lawyers – Corney & Lind – come in.
To start with, we offer you a Free, No Obligation Consultation.
You sit down with a Personal Injury Lawyer in our Brisbane office to find out 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.
To repeat, this is a Free Consultation (usually, an hour you spend with our lawyer costs at least $400 plus GST).
On top of that, 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:
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.
Personal Injury Compensation In 4 Steps
Speaking of engaging, this is our simple step by step compensation claim 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
On Professional Fees
No Uplift Fee
It Won't Cost You A Cent to Find Out Where You Stand
Send us a message now and our customer liaison team will be in touch with you as soon as they receive your email.
Practice Areas Our Personal Injury Lawyers Work In
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, our Brisbane Personal Injury Lawyers can assist you or your family members with seeking adequate personal injury compensation.
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, our Brisbane Personal Injury Lawyers can assist you or your family members in seeking adequate compensation.
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. Corney & Lind Brisbane’s Personal Injury Lawyers can assist you or your family members with seeking adequate compensation.
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 Brisbane Personal Injury Lawyers can help.
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 Brisbane Personal Injury Lawyers are regularly advising 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, for free, and provide some preliminary advice on your prospects on making a claim.
Broadly speaking, there are two types of TPD definitions:
- Own occupation; and
- 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.
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 Corney & Lind lawyers will treat you and your family with utmost respect and empathy while acting on your behalf.
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.
Corney & Lind Lawyers 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.
The legal work of these cases before the Commission takes time to prepare especially in cases where multiple persons face allegations.
Our team has experience in navigating these cases from enquiry to court following processes, adhering to deadlines and applying for rebate from the Commission.
We are uniquely placed to act for institutions in responding to claims made against them.
Our services have included acting for:
- para-churches or ministries
- care facilities
Practical Application in Compensation Matters
Eduardo Cruz, one of Corney & Lind’s Directors, has extensive experience dealing with compensation matters. We understand that historic incidents are often hard to prove when the evidence does not exist.
We listen to your story, provide advice and walk with you throughout your case.
We will explore all avenues to seek an early resolution and bring peace of mind to you and those around you.
For institutions and claimants, we have acted in matters concerning:
- injury claims
- negotiating compensation
- settlement disputes
In representing clients across these areas, our purpose is to help bring order out of the chaos, assisting in what has been wronged and seeking to make it right.
Andrew Lind, one of the Corney & Lind’s Directors, currently serves pro bono on the Queensland Law Society (QLS) Not for Profit and Charity Law committee and the Law Council of Australia Not for Profit and Charities committee.
Andrew has taken a lead role for the QLS in technical submissions and meetings with Government representatives about proposed law reform in this area.
This includes significant input in the QLS and Law Council of Australia submission on the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017.
Through the serving of our clients, we understand that past hurt cannot be easily resolved. However, with stringent policies, law reform and strong legislation, society’s vulnerable can be protected and those who hold positions of trust, be held accountable.
Discrimination against a person on the grounds of race, colour, sex, sexual preference, age, impairment or disability, marital status, pregnancy, or religion is against the Queensland as well as Australian law.
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.
Our Brisbane discrimination lawyers regularly act in discrimination matters, including:
- Acting for schools that are the subject of discrimination complaints in the education area;
- Acting for employees who have been the subject of discrimination, adverse action, or bullying behaviour;
- Acting for employers who are the subject of discrimination, adverse action, or bullying behaviour complaints;
- Advising employees and employers regarding whether employment contracts, policies, terms are discriminatory;
- Acting for religious bodies in claiming exemptions with respect to discrimination complaints.
Early advice before commencing a complaint, or responding to a complaint, is crucial.
The relationship between an employer and employee is governed by Australian and Queensland laws and regulations. If this relationship is not handled correctly it can lead to legal action.
Our Brisbane lawyers regularly advice clients on:
- 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
We deal with discrimination that relates to events that have happened in the work place and help you with discrimination categories that happen in non-work situations as well.
Whether you are an employer, employee, or contractor, book an appointment with one of our Brisbane unfair dismissal and employment lawyers to find out how we can help you.
FAQs About Personal Injury Claims
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.
- 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.
- Notify Police.
If the Police do not attend, visit your nearest police station to report the accident.
- Seek medical attention.
Make sure you seek immediate medical attention for a full medical check up.
- 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.
- 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.
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.
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.
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.
- Report the incident and injuries to your employer immediately.
- Seek medical attention.
Make sure you seek immediate medical attention. It is always advisable to receive a full medical check up.
- 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.
- Contact Corney & Lind office to discuss your workplace accident.
We will start your claim process within 24 hours as strict time frames apply.
- 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.
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.
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.
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.
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.
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.
Every claim has the potential to reach a court hearing. Generally, however, approximately 98% of claims settle out of court.
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 Corney & Lind Lawyers to discuss your claim and understand the complexities in detail.