Frequently Asked Questions

A personal injury claim happens when a person (the plaintiff) who has been hurt—whether physically, emotionally, or in their mind—starts a legal case against someone else, which could be another person, a business, or an organisation (the defendant). This usually comes from different situations like car crashes, accidents at work, falling accidents, medical mistakes, and more. The goal of the claim is to get money to cover the costs and losses that happened because of the injury.

What are the different types of Personal Injury Claims?

Personal injury claims primarily fall into four broad categories: Road Accidents, Work Accidents, Public Place Accidents, and Superannuation Claims. Within each of these major categories, there are numerous sub-categories, resulting in hundreds of distinct types of personal injury claims.

Given the broad nature and different types of personal injury claims, it’s important you engage expert personal injury lawyers in Queensland.

It’s generally recommended to have a personal injury claim lawyer, even if it’s technically possible to file your claim without one. The legal system is complex and extensive expertise is needed to negotiate with insurance companies and other parties effectively.

Working with a claims lawyer helps ensure you understand your rights. They can also guide you through the legal process, know what evidence you need and how to gather it, and represent your interests so you get the compensation you deserve.

The phrase “no win no fee” describes a payment agreement between a lawyer and a client where the lawyer is only paid if the client’s case wins. Meaning, the lawyer earns a fee only if they secure a victory or settlement in the case.

If the case is unsuccessful, the lawyer charges no fee for their work. However, it’s essential to note that the client might still be accountable for certain costs, such as court fees or payments to expert witnesses, and these should be specified in the agreement. At Best, if your case is not successful, we will cover the cost of your disbursements, such as court fees and witness fees, so you aren’t left out of pocket

The timeline for resolving a personal injury claim can vary widely based on the injury specifics, the case’s complexity, and if the claim faces any disputes. Resolving a claim might take a period ranging from a couple of months to numerous years. Straightforward claims, particularly where fault is evident, may be settled in a relatively short time, whereas lengthier durations are often associated with more intricate cases or those involving grave injuries or disagreements regarding liability.

Different personal injury claims have different time limits.

For example, if you get hurt at work, it’s good to send your claim to WorkCover within 20 business days after you get hurt to make sure you get back pay and all your benefits.

Also, if you have a car accident with a vehicle that’s not insured or a car you can’t identify, you should start your claim within 9 months of the accident.

There are many other time limits for different types of claims, so it’s important to talk to us about the time limits for personal injury claims in Queensland.

In general, personal injury claims have a 3-year limit. But it’s always best to check as soon as you can to make sure you don’t miss out on anything you deserve.

The specific compensation amount for your personal injury claim in Queensland is determined by several factors like how severe your injuries are, medical costs, lost wages, pain and suffering, negligence, and insurance details.

It also depends on the type of claim you have. Different thresholds and limits apply to different types of claims.

Answering this can be tricky.

Your age, job, how bad your injuries are, needed treatment, and any care needs you have will determine the answer. Since everyone is different, every case is different too.

The main goal of a compensation claim is to try and get you back to where you were before you got hurt. On top of this, you can also claim for non-money losses like pain and suffering, recognising the tough situation the injury might have put you in.

In general terms, compensation for personal injury claims is calculated under a number of “heads of damage”– which we discuss below.

These include:

• General damages – for pain and suffering;
• Special damages;
• Past and future loss of wages;
• Loss of superannuation;
• Gratuitous care;
• Legal costs.

It’s important to know that not all heads of damage are available at the time of a claim and the heads of damage can be calculated differently depending on the type of claim you have (for example, workers compensation vs public liability). That’s why it’s important to obtain advice about your individual claim so you know what you’re entitled to.

In addition to claiming damages, you might also be able to make a claim through your superannuation fund for total and permanent disability (TPD). To find out more about Super claims click here. Best Injury Lawyers specialise in personal injury compensation and TPD claims.

Find out more about what you can claim here.