Queensland has a common law style ‘fault’ based scheme in place for people injured in motor vehicle accidents. If you are injured in a motor vehiicle or car accident in Queensland you are only eligible to an injury compensation claim if you are able to prove there was another party who was negligent or at least partially responsible for the accident occurring.
If you are involved in a motor vehicle accident and you are injured, by law you must report the accident to the Police within 28 days of the accident. Failure to do this could seriously damage your right to make a claim for compensation in the future.
If you are found to be partially at fault, you may still be able to make a claim, however your compensable entitlements may be reduced. To find out where you stand you can get:
Dependants of a person who has been fatally injured in a motor vehicle accident may also be able to make an injury compensation claim through the CTP insurance if negligence has been established.
If you were traveling on your way to or from work you may also have potential QLD Workers Compensation entitlements.
What may I be entitled to?
The extent and the type of injuries sustained in your motor vehicle accident will have a direct effect on the compensation available to you.
Entitlements may include:
- Payment of medical expenses
- Loss of earnings
- Long term care
- Reasonable funeral expenses in the event of a fatal injury
- Lump sum compensation for the injury sustained
If you are unable to locate the negligent party, you must lodge a Nominal Defendant claim. This must be lodged within 3 months of the date of the motor vehicle accident.
If you are able to locate the negligent party, you have either:-
9 months after the date of the motor vehicle accident or 9 months following the first appearance of symptoms relating to the car or motor vehicle accident if they are not initially apparent.
1 month after you first consult a lawyer about your potential QLD compensation claim.
Failure to lodge a claim within these time limits could lead to your claim being rejected.
Contact Claim Lawyers for an initial free consultation to discuss your potential injury compensation payout entitlements. Remember strict time limits may apply so get the right advice.
If your enquiry is not related to making a claim for compensation or compensation for injuries, unfortunately we are unable to help you. We ONLY specialise in Personal Injury Law and suggest you contact Legal Aid or the Law Society for further legal advice.
Nothing in this website should be construed as legal advice and is simply general introductory information. Please contact Claim Lawyers for advice specific to your circumstances.