The process is more structured than most people expect.
Queensland personal injury law runs on a statutory framework that predates any court filing by months, sometimes years. The Personal Injuries Proceedings Act 2002 (Qld) (PIPA) requires claimants and respondents to exchange information, investigate the claim, and attempt resolution before either side can approach a court. For most people injured through someone else’s negligence, understanding that sequence is the difference between a well-prepared claim and one that runs into procedural problems before it properly begins.
This article walks through the full process: from the moment of injury to settlement or, where resolution is not reached, litigation.
The limitation period starts immediately.
The Limitation of Actions Act 1974 (Qld) s 11 gives an injured person three years to commence proceedings. That clock starts on the date of the accident or incident, not the date a diagnosis is confirmed or the date you first consult a lawyer. The limitation period is not paused while you recover, while you wait for medical investigations, or while you consider your options.
Within that three-year window, PIPA imposes its own deadlines. A Notice of Claim must be served on the respondent before proceedings can be commenced, and the Act limits how late that notice can be given relative to the limitation date. Getting legal advice promptly after an injury is not merely sensible. It is how you preserve the options you actually have.
Step one: the Notice of Claim.
The Notice of Claim under PIPA s 9 is the formal document that starts the pre-court process. It sets out who was injured, who is alleged to be responsible, how the incident occurred, and a description of the injuries sustained. It is served on the respondent, which in most cases means their insurer.
The notice is not a statement of claim and it does not need to quantify every element of loss with precision. It does need to be accurate. A notice that misstates the respondent, the date, or the circumstances can create procedural complications that take time to resolve. Once the notice is served, the respondent has a statutory period in which to respond.
PIPA also requires the claimant to provide certain documents alongside the notice: typically, medical certificates and reports that confirm the nature and extent of the injury. Gathering these early is important, because the respondent’s investigation cannot properly begin until they have them.
The respondent investigates, then responds.
After receiving the Notice of Claim, the respondent (through their insurer) conducts their own investigation. This typically includes obtaining statements, reviewing any incident reports, obtaining independent medical examinations, and assessing liability.
PIPA requires the respondent to provide a written response within a set timeframe. That response must state whether liability is admitted or denied, and on what basis. If liability is admitted, the focus moves to quantification of damages. If liability is denied, the response must set out the grounds of denial.
During this phase, the claimant’s solicitor will be gathering the evidentiary base needed to quantify the claim: medical records, employment records, evidence of care arrangements, expert medical reports on prognosis and functional capacity, and, where relevant, vocational assessments. A damages claim is built from that material. The strength of the eventual position in settlement or at trial is determined by the quality of the evidence assembled here.
What the law requires the claimant to prove.
Every personal injury claim is ultimately a negligence claim. Under the Civil Liability Act 2003 (Qld), the claimant must establish four things.
First, that the respondent owed the claimant a duty of care. Second, that the respondent breached that duty by failing to act as a reasonable person in their position would have acted. Third, that the breach caused the injury: the “but for” test under CLA s 11 requires that the injury would not have occurred but for the respondent’s breach. Fourth, that the claimant suffered damage as a result.
The Civil Liability Act also addresses defences. If the claimant was partly responsible for their own injury, their damages are reduced proportionately under the contributory negligence provisions in CLA s 23. These reductions are negotiated or determined by a court as a percentage, and they can be substantial in cases where the claimant’s own conduct contributed to the circumstances of the accident.
The compulsory conference.
If the parties have exchanged their material but cannot reach agreement, either party can require a compulsory conference under PIPA s 36. This is a structured negotiation conducted by an agreed mediator, often a retired judicial officer or a senior barrister.
The compulsory conference is a genuine settlement opportunity. Both sides attend with authority to negotiate. The proceedings are confidential. The mediator will hear submissions from both sides and will often give a frank assessment of the merits. In a significant proportion of Queensland personal injury claims, the matter resolves at or around the compulsory conference.
If no agreement is reached at the conference, the claimant receives a certificate that allows them to commence court proceedings. The certificate does not affect the merits of the claim. It simply confirms that the PIPA process has been exhausted and the court’s jurisdiction can now be invoked.
What damages cover.
Queensland personal injury damages are assessed under two broad categories. General damages cover pain and suffering, loss of amenity of life, and, for motor vehicle injuries, are assessed using the Injury Scale Value (ISV) framework in the Civil Liability Act 2003 (Qld). Special damages cover economic losses: past and future lost wages or earning capacity, medical and rehabilitation expenses, and the cost of care and assistance.
For future losses, damages are discounted to present value at 5% per annum to account for the fact that the claimant receives today money that compensates for losses stretching into the future. The assessment of future economic loss turns heavily on medical evidence about long-term functional capacity and prognosis, and on vocational evidence about what work the claimant can and cannot realistically undertake.
Gratuitous care provided by family members, often invisible in the claimant’s mind as “just what family does”, is also compensable. The legal principle from Van Gervan v Fenton (1992) 175 CLR 327 confirms that the unpaid nature of the care does not prevent recovery for its reasonable value.
Litigation as the final option.
If the compulsory conference does not resolve the claim, proceedings are commenced in the District Court or Supreme Court of Queensland depending on the quantum. Litigation in personal injury is relatively rare. The PIPA process is specifically designed to produce resolution before parties face the cost and delay of a trial.
When a matter does proceed to trial, each side calls expert medical evidence, lay witnesses, and submissions on liability and damages. The judge assesses the evidence and delivers judgement. An award at trial is not necessarily larger than a settlement figure reached at conference: the additional costs of litigation, including the risk of an adverse costs order if the outcome is no better than an earlier offer, are real considerations that inform how parties approach the litigation phase.
The full range of personal injury matters handled by Fraser Lawyers, including motor accident, workplace, and public liability claims, is set out on the personal injury practice page.
If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.
