Motor vehicle accidents can occur at any time and the effects range from devastating tragedies to temporary inconveniences.
Whatever the outcome, we can help you with seeking adequate compensation.
In Queensland, motorists are required to be insured under Compulsory Third Party (CTP) policies.
The Motor Accident Insurance Act provides a framework for the claims process.
Strict time limits apply for lodging a claim.
The Motor Accident Insurance Act framework enables the injured person to receive early medical treatment and rehabilitation and prescribes an opportunity for the insurer to consider an early resolution without the need to proceed to litigation.
Usually, once the injured person has received a medical treatment and doctors have considered the injuries stable (unlikely to improve or deteriorate), a medico-legal examination will occur.
It is all important that the injured person has access to the proper medical specialist for the purpose of this assessment.
We can recommend the right medico-legal assessor for your injury.
Once the medical reports have been obtained, the insurer and the injured person will try to negotiate a settlement.
Almost all claims are settled out of court to minimise the costs.
At the time of negotiations, our personal injury lawyers will advise you of your entitlements including for components such as:
In personal injury matters we offer our clients a No Win No Fee service.
We will provide you with our legal services without cost to you until you receive payment as the result of a successful outcome of your case.
If you prefer, send us a message right now and our friendly customer liaison team will be in touch with you as soon as they receive your email.
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.
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.
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:
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.