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 matters from the outset.
The Limitation of Actions Act 1974 (Qld) s 11 gives an injured person three years to commence proceedings. That period runs from the date the cause of action accrues. For many injuries that is the date of the accident or incident, but the accrual date, and whether any extension or disability provision applies, must be worked out for the particular claim rather than assumed. The limitation period is not paused simply because you are recovering, waiting for medical investigations, or considering your options.
Within that three-year window, PIPA imposes its own, earlier deadlines. Part 1 of a Notice of Claim must be given before proceedings can be commenced, and the Act limits how late that notice can be given. 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 given to the person against whom a proceeding is proposed to be started. Where that person is insured, the notice authorises their insurer to be involved, and where more than one person may be responsible, a copy is given to each of them.
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 given, the recipient 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. A medical negligence claim follows a different and additional notice procedure under PIPA s 9A, explained on our medical negligence page.
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.
Many, but not all, personal injury claims require negligence to be proved. Some entitlements are statutory or no-fault, such as the National Injury Insurance Scheme for eligible people catastrophically injured in a motor accident. Where a claim is based on negligence, the Civil Liability Act 2003 (Qld) applies to most claims, and the claimant must generally 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 (CLA s 9). Third, that the breach caused the injury: causation is determined under CLA s 11. 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 under the contributory negligence provisions in ss 23 and 24. The reduction reflects the claimant’s share of responsibility, and in an appropriate case it may be assessed at 100%, which defeats the claim (s 24). The Act also prescribes minimum reductions in specified intoxication situations.
The compulsory conference.
If the parties have exchanged their material but cannot reach agreement, the matter proceeds to a compulsory conference under PIPA s 36. This is a structured settlement negotiation that both parties must attend with authority to settle. A mediator takes part only if all parties agree (PIPA s 38); many conferences proceed without one.
The compulsory conference is a genuine settlement opportunity. The proceedings are confidential, and any discussions cannot be used in later litigation. Whether a particular claim resolves at the conference depends on the evidence, the parties’ positions and their assessment of the risks.
Before the conference, the parties exchange the statutory certificates of readiness (PIPA s 37). If the claim does not settle, the parties exchange mandatory final offers (PIPA s 39), which can affect the costs consequences at any later trial. There is no PIPA certificate that by itself grants leave to start court proceedings: any proceeding must still comply with PIPA, be within the limitation period, and be brought in a court that has jurisdiction for the claim.
What damages cover.
Queensland personal injury damages are assessed under two broad categories. General damages cover pain and suffering and loss of amenity of life, and are assessed using the Injury Scale Value (ISV) framework under the Civil Liability Act 2003 (Qld) and the Civil Liability Regulation 2025 (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 scheme-specific steps and time limits, see our guides to CTP claims in Queensland and WorkCover claims in Queensland.
For future losses, damages are discounted to present value at the rate fixed by the Civil Liability Act 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 compensable where the statutory thresholds are met. The principle in Van Gervan v Fenton (1992) 175 CLR 327 confirms that the unpaid nature of the care does not, of itself, 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 court with jurisdiction for the claim, which depends on the amount and the relief claimed. Smaller claims may fall within the Magistrates Court’s jurisdiction, with larger claims in the District Court or the Supreme Court of Queensland. The PIPA process is designed to encourage resolution before parties face the cost and delay of a trial; whether a particular claim settles or proceeds depends on the evidence and the parties’ positions.
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 judgment. 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.
Last updated 14 July 2026.
If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.
