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.
Lodge your claim early
Depending on the type of claim, strict time limits apply to submit your Notice. They are as follows:
- 6 months from the date of the injury in workers’ compensation matters;
- 9 months from the date of the injury in public liability accidents and motor vehicle accidents;
- 3 months in motor vehicle accidents (where the vehicle is unidentified).
The insurer/respondents might only accept the claim outside of those time limits if there is a reasonable excuse for the delay.
Evidence to prove fault
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:
- photographs taken at the site where the injury occurred;
- witnesses statements; and
- expert reports (either medical or forensic).
Mitigate the loss
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.
Assess the injury
Once the injury is stable and stationary, evidence should be obtained from Doctors to assess the level of permanent impairment.
Assess the damage
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.
Talk to an expert
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.
