Queensland has a common law ‘fault’ based system when it comes to personal injury claims. Here are six things to be aware of in the claim process.
Depending on the type of claim, strict time limits apply to submit your Notice. They are as follows:
The insurer/respondents might only accept the claim outside of those time limits if there is a reasonable excuse for the delay.
As Queensland has a fault based common law system, evidence will be required to prove that a duty of care was owed, and subsequently breached. Evidence can be in the form of:
In any type of claim, the claimant has a duty to mitigate their loss. The claimant must do everything reasonably necessary to recover from their injuries. Following the advice of a qualified medical practitioner for care and rehabilitation is best practice to both receive rehabilitation, and mitigate any loss.
Once the injury is stable and stationary, evidence should be obtained from Doctors to assess the level of permanent impairment.
Once an assessment of permanent impairment is determined, damages in relation to past and future economic loss, general damages, out of pocket expense and future special damages can be calculated.
Failure to get early legal advice could result in missing out on compensation. Claimants may also not be aware of process, obligations, or time limitations which are imposed by legislation.
If you need assistance with your compensation claim, contact one of our injury lawyers on 1300 285 888, or email enquires@mcna.com.au.
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