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FAQ's : Frequently Asked Questions
We've gathered your most commonly asked questions in regards to personal injury compensation claims across Brisbane, the Gold Coast and Queensland on this page. We’ve presented a brief top 10 most common along with lots of really useful information to help you.
Click the '+' icon in each boxed question further below to expand and collapse the questions and answers
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10 Most Common Personal Injury Compensation Claim Questions
1. How Much Is My Claim Worth?
This is something we can calculate once we have the evidence required. Unfortunately the amount for pain and suffering is limited in Queensland, so the remainder is comprised of medical and rehabilitation expenses, loss of income and care. Take a free 30 second compensation claim check and we can at least work with you to estimate more.
2. How Do You Get Paid?
We only get paid at the end of your claim and only if your claim is successful. If we don’t win your case all of our services are 100% free. It’s called our no win, no fee guarantee.
3. Will You Take Everything And What Do I Have To Pay You?
No, legal expenses are capped by law. We can never take more professional fees than what you receive in your hand.
4. Could I Lose My Home?
This risk is so negligible it is almost non-existent. We have never had a client lose their home. The only time you would be putting your own finances or assets at risk is if your claim proceeds to trial and you fully and voluntarily accept that risk.
5. What Percentage Do You Take?
We do not charge a percentage, we charge for the work we do. You will be provided with details of our charges prior to or at the time of any settlement negotiations.
6. What Is The Uplift Fee?
In exchange for the running of a claim and bearing the risk that we may not get paid for the work we do, the law says that we can charge an additional “uplift”.
7. How Long Does A Claim Take?
Some claims are settled within 12 months, but most take about 18 months to resolve.
8. Will I Have To Go To Court?
99% of claims are settled without going to Court. In any event, we will never take your claim to Court unless you specifically instruct us to do so.
9. Will The Claim Process Involve Much Inconvenience?
No. You may need to attend some medical appointments and keep some records about how your injuries are affecting your daily life but overall the process is not too disruptive.
10. Does My Choice Of Lawyer Make A Difference?
The quality and skill of the lawyer you appoint to conduct this process will make a huge difference to your outcome and the amount of compensation you receive. Lawyers and law firms are definitely not the same. Find out more about our Lawyers and who we are.
'MONEY' Related Personal Injury Compensation Claim FAQ's
How Much Compensation Payout Will I Receive For My Personal Injury Claim?
The amount of compensation you will receive for your injuries will depend on the extent of your injuries and how much your injuries have affected your pre-injury lifestyle, activities of daily living, and employment.
Whether your claim will be one worth pursuing, will depend on several factors...
How Is Past And Future Economic Loss Compensation Calculated?
When a person sustains injury in a car accident or in the workplace (or in any other type of accident) and they bring a personal injury claim seeking compensation and damages for their injury, the legal system tries to put that person into the position they were prior to sustaining their injury, via a compensation payment.
What Injury Compensation Or Damages Am I Entitled To Claim For?
If you have sustained an injury at work, in a car accident or due to the negligence, or wrongful act or omission of another, you may be entitled to many different payments, irrespective of fault or responsibility...
Is My Compensation Or Damages Payment Taxable?
No, your compensation and damages settlement payment or award is not taxable.
This means that you are not required to disclose your compensation or damages payment achieved from your personal injury claim, in your tax return when lodging it with the Australian Taxation Office...
If I Become Bankrupt Will My Compensation Go To Pay My Creditors?
No it will not. Compensation that you receive from your personal injury claim does not form part of your estate in bankruptcy. However there's more you should read on...
What Legal Costs Will I Be Charged For My Personal Injury Claim?
The Personal Injury Lawyers are backed with a No Win No Fee guarantee.
This means that you don't pay us anything unless we win your case for you and you receive compensation or damages for your accident injuries.
Read on for more on how the process works...
Will All Or Most Of My Compensation Or Damages End Up Going To Pay Legal Costs?
In Queensland there is legislation which prohibits your legal representatives from taking all or most of your compensation for legal costs.
We run personal injury claims run on a No Win No Fee basis which also has the 50/50 rule applied, find out more...
Will My Employer Have To Pay For My Workers' Compensation Claim Or My Claim For Common Law Damages For My Work Injury?
When we talk about a Common Law Claim for damages, we are talking about what is more commonly recognised as a law suit.
Find out more as to recovering damages for loss you may have suffered...
No Win No Fee Guaranteed, Plus It Pays For Your Injury Expenses
✔ Our guarantee quickly pays for all outlays and associated claim expenses
✔ You get access to the help you need fast, and gets your rehabilitation underway
'WHAT IF?' Related Personal Injury Compensation Claim FAQ's
What If I Go Back To Work After My Injury, Will This Hurt My Claim?
When a person suffers injury, then more often than not their capacity to perform their work duties is affected.
Some people just cannot return to their usual work duties as a result, others can. Read on for our advice on what to do in this situation...
What If My Workers' Comp Claim Has Finished But I Cannot Return To My Job?
The workers' compensation insurer is actually not obligated to get you back to work, yet many workers think that Workcover or the self-insurer is obligated to get you back to work after an injury.
Find out more about if you have a claim...
What If I Was Injured In A Car Accident Going To Or From Work, Can I Claim Workers' Compensation?
Yes you can, if you are involved in a motor vehicle accident, whether it is a car, motorcycle or truck accident.
Even if it occurred in the course of your work, or on your way to or from your workplace, then you have a right to claim workers' compensation in relation to your accident injuries.
Click the button to read more to understand about 'abnormal risk' and 'journey claims'...
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?
If you wish to sue your employer for your work injury in Queensland, you can only do so if you have received a Notice of Assessment from Workcover Queensland or the workers' compensation self-insurer.
This can get a little complicated so read on to find out more...
What If My Friend Was Driving The Vehicle, Will They Have To Pay For My Accident Compensation If I Bring A Claim?
It is important to remember that, in respect of all car accident claims, it is the Compulsory Third Party Insurance company or the Nominal Defendant that will be compensating you for your personal injuries...
What If I Am Injured In A Car Accident Or Due To Negligence/Wrongful Act Of Another Party, Are There Steps I Should Take?
Follow our six step checklist to ensure you are prepared should you be injured in a car accident or by another party...
What If I Didn't Get Details Of The Vehicle That Caused The Accident - Does This Mean I Can't Claim For My Injuries?
In some cases, yes you can. Just because an employer calls you an Independent Contractor does not mean that you actually are considered to be such at law - even if you have signed a contract stating this.
What If I Am Injured At Work, What Steps Should I Take?
Follow our six step checklist to ensure you are prepared should you be injured at work during a work trip...
'WHAT IS/WHAT ARE' Related Personal Injury Compensation Claim FAQ's
What Is A Common Law Claim For Damages?
When we talk about a Common Law Claim for damages, we are talking about what is more commonly recognised as a law suit.
Find out more as to recovering damages for loss you may have suffered...
What Is Duty Of Care?
Your medical provider, whether it is a medical practitioner, dentist, orthopaedic surgeon, neurosurgeon, psychiatrist or psychologist, medical specialist, physiotherapist, chiropractor, etc. owes you a duty of care when providing treatment...
What Is The ISV Scale And What Does It Do?
The ISV Scale (Injury Scale Value) forms part of the Civil Liability Act 2003 (CLA), an Act that regulates the award of certain heads of damage in personal injury claims in Queensland.
The scale regulates the award for the Calculation of General Damages (Pain and Suffering)...
What Is Permanent Impairment?
When a person suffers injury, the injury can result in long term problems, this is termed "permanent impairment".
It's important to know how this is assessed by medical specialists so we encourage you to read the full answer...
What Is Negligence In Personal Injury Compensation Claims?
When a Court looks at whether you have a claim for damages or compensation for injury caused by the negligence of another party, what it considers is whether that party by its actions, or its failure to take action, exposed you to a risk of sustaining injury, which could have been avoided by the exercise of reasonable care...
What Is CTP Insurance?
CTP insurance is a reference to Compulsory Third Party insurance.
This insurance is compulsory for all motor vehicles being driven on roads in Queensland and is included in the annual registration costs for the vehicle.
Read more to find out how that insurance can play a part in your injury should you have one...
What Is Contributory Negligence In A Personal Injury Claim
Contributory negligence is the term used in a personal injury claim when the actions of the injured party are alleged to have contributed to their injury occurring.
Click below for some examples and what else you need to know...
What Is The Difference Between A Workers' Compensation Claim And A Common Law Claim For Damages?
In Queensland, a legislative scheme exists to assist workers injured in the course of their employment to achieve compensation for their injuries.
The purpose of the scheme is to ensure that injured workers in Queensland receive assistance with their medical bills and wages whilst they cannot work due to their injuries.
Read on to find out how this may affect you...
What Is Whiplash And What Treatment Is Best For Whiplash Injuries?
Whiplash is an injury that occurs due to acceleration and deceleration forces experienced at high velocities.
It's essential if you suffer from Whiplash to bring claims quickly as strict time limits apply.
Read on for more information on treatments why Whiplash injuries can be sinister injuries causing real problems later on...
What Is An Offer Of Settlement In Personal Injury Claims?
Basically, settlement negotiations are where the parties try to reach a resolution of the claim between themselves by exchanging offers of settlement back and forth, until they reach a satisfactory settlement.
This can be a critical aspect so make sure you read more...
What Are My Rehabilitation Rights After A car Accident?
After being involved in a motor vehicle accident, getting back on your feet can be a complex process.
Depending on the type of injuries you’ve sustained, you may need to undergo rehabilitation. This is not an easy one to answer so we have our specific FAQ's on this subject...
'HOW DO I/CAN I?' Related Personal Injury Compensation Claim FAQ's
I Have Received A Notice Of Assessment At The End Of My Workers' Comp Claim And It Talks About Lump Sum Offers - What Do I Do?
At the end of your workers' compensation claim, Workcover Queensland or the self-insurer may issue you with a Notice of Assessment. Read up what you need to do...
Can I Claim Workers' Compensation If I Am An Independent Contractor?
In some cases, yes you can, just because an employer calls you an Independent Contractor does not mean that you actually are considered to be such at law.
Make sure you read more to know your rights...
What Steps Should I Take If Injured Due To Negligence Or Wrongful Act Of Another?
We give you six key steps to follow if you have suffered an injury due to another's omission, wrongful act, or negligence, (e.g. Slip and fall in a shipping centre or at work)...
Can I Make A Motor Accident Claim For Injury If I Was Not Licensed Or My Vehicle Was Not Registered At The Time Of The Accident?
If you were not at fault for the accident occurring, then you are not stopped from bringing a claim for your accident injuries because you were not licensed or your vehicle was not registered at the time of the accident.
You still have a claim against the driver of the vehicle, so make sure you read more to found out your rights...
How Do I Bring A Common Law Claim For Damages For My Work Injury?
The Workers' Compensation & Rehabilitation Act 2003 and associated regulations govern the procedural requirements for bringing and pursuing a Common Law Claim for Damages.
You might need our help navigating this, find out how we can help...
Can I Claim Workers' Compensation Or Damages If Assaulted At Work Or On My Way To Or From Work?
The answer is "yes" you can. If you are injured in the course of your work, whether it is by way of an assault or otherwise, you are entitled to claim workers' compensation for you work injury.
Your claim will be made against the workers' compensation insurer of your employer, which is normally, Workcover Queensland.
Click the red button to get the full picture and find out how you bring a claim for an injury...
Can I represent myself in my car accident injury compensation claim?
Well you could, but you'll want to read this recent Brisbane District Court decision which is a stark reminder of the dangers those injured in a motor vehicle accident face when representing themselves in their claim.
'TIME' Related Personal Injury Compensation Claim FAQ's
Do I Have To Visit Your Offices And Take Up Lots Of Time Just To Get My Claim Underway?
Not at all. We know it's all about you, your time and your convenience, so we make it as quick, simple and easy as we can.
Most of the things we will send you will be online and no need for printers or lots of paperwork. Click below to read more...
Are There Lifetime Care And Support Schemes For Car Accident And Work Injury Victims In Queensland?
Queensland is part of the National Injury Insurance Scheme and the purpose of this scheme ensures that those who suffer catastrophic injury in motor vehicle accidents, workplace accidents, through medical negligence, or other forms of accident, will have the lifetime care and support necessary to improve their life.
Read on to find out what is termed as a catastrophic injury...
Is It True That In Some Cases, You Can Lose Your Right To Claim Compensation Within Months Of Your Motor Vehicle Accident?
Unfortunately, yes, this is true in some cases. These very strict time limits apply when you cannot identify the other vehicle that caused the motor vehicle accident.
Again lots more information to this, so read more and we'll explain...
How Long Will My Common Law Claim Run And How Long Will It Take?
Depending on the status of your injuries at the time of commencing your Common Law claim, a claim can take as little as 6 months to resolve, however there is more you need know...
Are There Time Limits For Bringing A Claim For Injury Compensation In Queensland?
Yes, in Queensland there are time limits that apply to making a claim for personal injuries.
The time limits are very strict so make sure you read more to find out the essentials...
When Does My Workers' Compensation Claim Come To An End And What Happens Then?
Workcover Queensland or a self-insurer is only obliged to provide workers' compensation benefits to an injured worker until their work injury is stable and stationary. However, let us explain more in the full answer...
General Personal Injury Compensation Claim FAQ's
Why Choose The Personal Injury Lawyers When Pursuing Injury Compensation?
Accident and injury compensation claims is all we do, day in, day out, all day, everyday and we pride ourselves on being experts in our field.
We have awards and have accredited specialists who helped many over the decades, so read on for more reasons why we are worth trusting...
What Locations Do You Cover For My Personal Injury Claim?
The Personal Injury Lawyers service all of Queensland, so if you have a Personal Injury claim anywhere in Queensland we can help.
Whether you live on the Gold Coast, in Brisbane, Rockhampton, Emerald, Mackay, Townsville, Mt Isa, Cairns, on the Sunshine Coast, Toowoomba, Gladstone, Longreach, Beenleigh, or in the Wide-Bay Region we have you covered.
In most cases you need never come to our offices as most work is done online...
Will My Employer Put Me Off If I Make A Claim?
Pursuant to specific provisions in the Workers' Compensation & Rehabilitation Act 2003, an employer cannot put an injured worker off because of his injury, whilst he is on workers' compensation benefits, for a period of 12 months.
However, it's essential to read more to ensure you know more about claiming, loss of income and more...
Do Injured Workers In Queensland Have To Meet An Impairment Threshold To Sue For Common Law Damages For Work Injury?
Yes, this is true but only for all work injuries occurring between the dates of 15 October 2013 to 30 January 2015.
Again, there is more to the answer, so make sure you read on...
Do Victims Of Terrorism Have A Right To Claim Injury Compensation?
The answer to this question is on a simple level "yes". However, what type of compensation you would be entitled to claim, depends on the circumstances of the attack and those surrounding it.
A sensitive subject that requires further reading...
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?
- How can I find out quickly if I can make a compensation claim?
- 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?
Looking for more? View all our Frequently Asked Questions. Remember if you have a question it's free and you under no obligation to chat with our Lawyers online, by phone or email. Better to answer that question and know than it go unanswered. Contact us today.
✔ 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
✔ Just press the button below, there is no cost, and no obligation to review your case