If you've had a car or motor vehicle accident, a Workers Comp or workers compensation injury, or you've suffered just about any accident or injury in a public place, whilst visiting private, commercial or government premises in Brisbane, The Gold Coast or in Queensland, where do you start making a compensation claim?
How Do You Start Claiming For A Personal Injury?
You can always contact us for a free claim assessment at anytime, but we've prepared some helpful information further below on this page. We also have more detailed frequently asked questions and answers in our FAQ section.
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Frequently Asked Questions About Starting Compensation Claims
I've Been Injured What Do I Do?
We've pulled together a six point list of what to do at the scene of your injury which should help you get the basics right.
Can I Speak With A Lawyer? Won't It Cost Me?
Enquiring about your injury and claim costs you nothing, and you are under zero obligation.
It puts your mind at rest knowing what to do next, and even if you do take on a compensation claim, you're backed by a No Win No Fee Guarantee, so there is nothing to pay upfront and nothing to lose.
Just call, chat or email our Lawyers and we'll be glad to listen and help get your problem resolved and a solution underway.
What Compensation Can You Claim?
If it can be proven that your injury has resulted from the wrongful or negligent act or omission of another party, you may be entitled to the following compensation:
- Compensation for pain and suffering and loss of your amenities of life
- Loss of earnings (including loss of past and future income and loss of superannuation payments)
- Medical and rehabilitation expenses you have incurred and are likely to incur in the future
- Care costs (including past and future care)
- Out of pocket expenses
- Interest on out of pocket expenses, past care & assistance, and past lost income (including past lost superannuation)
- In some cases, you will be entitled to claim workers' compensation benefits, including lost wages and medical & rehabilitation expenses
What Are Public Liability Claims Or 'PIPA' Claims?
Accidents or injury resulting from the wrongful or negligent act of another party, not falling within the province of motor vehicle or work accidents, are usually referred to as “public liability claims” or "PIPA claims".
This is because these types of claims are governed by the provisions of the Personal Injury Proceedings Act 2002 (also known as “PIPA”) in Queensland.
To pursue your public liability or PIPA claim and ensure it is protected, you must comply with the procedural provisions as stipulated in PIPA.
The Personal Injury Lawyers have a team of personal injury lawyers who specialise in PIPA claims and can guide you through the legal processes involved in such claims to ensure your claim is protected and you receive the compensation and damages you deserve under such legislation and at Common Law.
When Can You Claim Workers' Compensation Benefits?
If your injury occurred on your way to or from work, during the course of your work or during a work break, you are most likely entitled to claim workers' compensation benefits (or WorkCover Statutory Benefits as they are also known), whilst you are recovering from your accident injuries.
What Part Does The Civil Liability Act 2003 Help Play In Compensation Claims?
Navigating the provisions of the Civil Liability Act 2003 can be quite complex and it is therefore important that you obtain legal advice in respect to what compensation entitlements you may have under such legislation and, most importantly, whether your claim is one in fact governed by, and therefore restricted by, the Civil Liability Act.
Chat, call, or email with us if you need more information or help.
What Compensation Or Damages Will You Receive For Your Claim?
Injuries affect everyone in different ways. A minor injury to some, may impact upon another person to a much greater extent.
The purpose of compensation is to compensate an injured party for the loss and damage they have suffered and are likely to suffer in the future, as a consequence of the injury.
What Happens With More Seriously Debilitating Catastrophic Injuries?
Injuries that are considered to be "catastrophic injuries" under the NIIS are the more seriously debilitating injuries such as, traumatic brain injury, severe burns, serious spinal cord injuries, permanent blindness and multiple amputation injuries.
The NIIS (National Injury Insurance Scheme) for Queensland is a no fault scheme and available to all ages.
In relation to motor accident injuries, the scheme came into effect from 1 July 2016.
There is also some indication that those who suffer catastrophic injury from work accidents may take advantage of the scheme from 1 July 2016, contact us for clarity on the matter.
How Does My Injuries Affect What Compensation I May Get?
The more the injury or injuries impact upon your pre-accident lifestyle and employment, the greater the compensation.
Because of the subjective nature of compensation and damages payments for personal injury claims under Queensland law, it is not possible to state a specific compensation amount for a certain injury.
However you can get a rough idea using our compensation calculator.
Don't forget about losses & other damages that you may experience in the future.
Your final compensation claim amount will depend on what loss and damages have been suffered and are likely to be experienced in the future because of the injury.
Some of the more dominant factors that impact upon compensation payments, are the extent of the injury sustained, as well as the age, occupation, recreational interests and health of the injured person at the time of the accident occurring.
Can I See Examples Of What Other People Were Awarded For Their Injuries?
Sure, we've gathered a range of our past clients personal injury compensation claims as compensation claim case studies from Brisbane, Gold Coast and across Queensland, to give you an idea of how much compensation you might get.
How much compensation Will I get for my Personal injury Claim?
✔ Our Compensation Calculator gives a basic indication how much compensation you may be due
✔ Three simple steps to get a fast overview of all the areas that you may claim for
✔ Underneath our calculator, see what others claimed in our compensation case studies
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Queensland Average Compensation Claim Payments
Average Motor Vehicle Accident & Work Injury compensation Claim payments in Queensland
The 'average' refers to the mean average, which is worked out by adding all of the payment amounts together, then dividing the amount by the number of settlements.
Each claim, like all of us, are unique. As an example, let's look at the 7,623 motor accident claims in Queensland that were finalised in the 2017 financial year:
- The average compensation payment for minor injuries was $65,957
- The average compensation payment for moderate injuries was $151,771
- The average compensation payment for serious injuries was $352,396
- The average compensation payment for severe injuries was $747,188
- The average compensation payment for critical injuries was $1,952,602
In relation to the duration of claims, in the 2015 financial year, the average claim duration was around 18 months.
- The average claim payment for minor injury (0% work related impairment assessed) in 2013 was between $160,000 to $260,000;
- The average claim payment for more serious injury (5 to 10% work related impairment assessed) in 2013 was between $213,000 to $468,000;
- Average overall claim payment in 2014 was around $182,500.
NOTE: these are purely calculated on average claim payments, and every case is different.
For example, in the case of Austin v Parmalat Australia Ltd (2013) QSC 227, Mr Austin sustained a minor head injury however, the impact of the injury upon Mr Austin’s employment and occupation as a truck driver was such that he was awarded damages of $1.052 million dollars for his claim.
* Statistical data supplied by Queensland Motor Accident Insurance Commission (MAIC) & QComp (Workers' Compensation Regulator) for 2014/2015
more serious injuries will of course result in Greater damages
In the case of Mr Lamble, who suffered a moderate head injury as he was standing on the periphery of a brawl at a Gold Coast nightclub, Mr Lamble was awarded damages of $1.4 million (Howl at the Moon Broadbeach v Lamble (2014) QCA 74).
In the catastrophic injury case of Susan Delaney, who sustained extreme head injuries in a motorcycle accident, leaving her in a vegetative state, resulted in a damages payment of over $9,000,000 by the insurer, AAMI (Delaney v AAMI (2013) QSC).
Of course, in cases of very serious injury and catastrophic injury such as brain injury, paraplegia or amputation injury for example, compensation will be much higher than the average claim payments discussed above, most likely resulting in compensation payments involving multi-millions of dollars.
Lifetime care and support under the National Injury Insurance Scheme
If you suffer catastrophic injury in a car accident, work related incident, through a medical mishap or some other accident, then under the National Injury Insurance Scheme, you may be entitled to lifetime care and support.
The type of support provided under the scheme is in relation to health care (medical, rehabilitation & dental), medical aids, pharmaceuticals, home and vehicle modifications, and domestic and attendant care.
How Much Compensation Did Other People Get For Injuries?
To help you understand more how much other people, were awarded for their compensation claims, (who may have similar injuries to you) we pulled together some real life helpful Compensation Claim example case studies.
Frequently Asked Questions
- How much compensation will I receive for my injuries?
- How is past and future economic loss compensation calculated?
- What injury compensation or damages am I entitled to claim for?
- If I go back to work after my injury will this hurt my claim?
- When does my workers' compensation claim come to an end and what happens then?
- What injury compensation or damages am I entitled to claim for?
- What are emotional distress damages in personal injury cases?
- Are there time limits for bringing a claim for injury compensation in Queensland?
- How will my common law claim run and how long will it take?
- Is my compensation or damages payment taxable?
- What care and assistance can be claimed for in a personal injury claim in Queensland?
- Did you know that if you engage a domestic worker in your home, you could be liable to pay compensation if they are injured?
- What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
- What's the difference between workers' compensation claim & a common law claim for damages?
- What is a common law claim for damages for work injury in Queensland?
✔ There is only a small window in which you can make compensation claims in Queensland
✔ Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing
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