In a motor vehicle
In a public or private place
How it Works.. General Information
You can recover damages to the extent that another person is at fault and the injury and your loss is reasonably “foreseeable”. Compensation is assessed on permanent injuries.
The person who is injured can claim for losses resulting from their accident-related physical and psychological injuries. A bystander may claim for any psychological injury they suffer as a result of witnessing a calamity caused by negligence or from the aftermath of the calamity. The spouse of an injured person may, subject to thresholds, claim if he or she suffers a loss of “society and companionship” (including any lessening of sexual relationship) as a result of an injury to his or her wife or husband. In each of the above circumstances, the injured person is entitled to fair compensation to the extent of his or her injury in accordance with common law principles.
In general a Personal Injuries Claim in Queensland must be commenced in a Court of law within 3 years of the date of the accident.
Strict time limits operate in personal injuries actions and you should ensure that you act quickly to ensure that your rights to claim damages for your personal injuries are not lost. If you fail to comply with time limitations prescribed by legislation, your right to claim damages may be lost.
Your claim may include..
- medical and related expenses,
- lost income, loss of future earning capacity,
- paid and unpaid recuperative care,
- pain suffering and loss of enjoyment of life.
Loss of future earning capacity is formulated on the basis of your post-accident return to work capacity (as a proportion of your pre-accident capability) or alternatively, by reference to your estimated disadvantage on the open labour market as compared to un-injured job applicants.
Damages will be assessed subject to the views of the medical specialist as to how your injuries impair your income earning capacity in the future. Appropriate specialists, vary from case to case, but can include for example; orthopaedic surgeon, a neurologist, a psychiatrist, or an occupational therapist.
What else should I know?
You should maintain a diary of..
- out of pocket expenses (medical, pharmaceutical, travel and alike expenses );
- dates of all visits to doctors;
- home assistance and care provided by family members.
Also keep all invoices and receipts relating to other expenses and paid assistance.
Law QLD Injuries Claims Solicitors act in most cases on a “no-win no-fee basis” so you have no responsibility to pay costs unless and until the claim is successful.
Where benefits are provided to you during the course of your claim by..
- Department of Veterans Affairs.
- A private health fund
These benefits may need to be refunded to the various departments at the conclusion of the claim.
Note: Public hospitals may be entitled to be re-paid for the costs of hospital treatment.