Personal injury representation in Queensland.

It depends on what happened, where it happened, and what injury resulted. Many personal injury claims in Queensland turn on whether someone owed you a duty of care, breached it, and caused your injury, though some entitlements arise under statutory or no-fault schemes instead. Which scheme applies, and the time limits that come with it, depend on those circumstances.

Time limits vary by claim type. For motor vehicle accidents under the CTP scheme, a Notice of Accident Claim Form must usually be lodged within nine months of the accident, or within one month of consulting a lawyer. For workers’ compensation statutory claims, lodgement is generally required within six months. The general limitation period under the Limitation of Actions Act 1974 (Qld) is three years for most personal injury claims. Different rules apply to children and people under a legal incapacity. Telling us as early as possible gives more options.

Queensland personal injury claims run through a statutory pre-court process: notices, exchange of medical and financial material, and a compulsory conference at which settlement is considered. A claim may resolve during that process or may require court proceedings. Whether it resolves before court depends on the evidence, the parties’ positions and the procedural steps in the governing Act; no particular outcome or timeframe is promised.

We give written costs disclosure in the form and at the time required by the Legal Profession Act 2007 (Qld). Under section 310 that disclosure is provided before, or as soon as practicable after, you retain the firm. It sets out how fees are calculated, an estimate, and the disbursements (such as expert reports, court fees and search fees) that are likely to arise. Where a conditional costs agreement is offered, it is made under sections 322 to 324. For a speculative personal injury claim, section 347 caps the claim-related costs the firm may recover.

Being partly at fault does not necessarily end a claim. Under the Civil Liability Act 2003 (Qld), damages may be reduced for contributory negligence by a percentage that reflects the claimant’s share of responsibility. Depending on the facts that reduction can be as high as 100 per cent, which defeats the claim, and minimum reductions apply in specified intoxication cases. Conduct reduces damages only if it actually contributed to the injury or its extent.

Yes. Personal injury claims are evidence-driven and medical reports are central to them. Under the statutory pre-court process the parties may exchange expert medical reports, and the insurer or another party may request an examination, depending on the issues and the governing Act. The evidence required is assessed against the scheme that applies to the claim.

A personal injury claim under the statutory schemes generally follows a pre-court sequence: a notice of claim within the applicable time limit, exchange of medical and financial material, the at-fault insurer’s response on liability, a compulsory conference, and the exchange of mandatory final offers. Depending on the issues and the governing scheme, the insurer or another party may also request a medical examination. If the claim does not settle in that process, court proceedings may follow. The steps sit under the Personal Injuries Proceedings Act 2002 (Qld), the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and the Motor Accident Insurance Act 1994 (Qld), depending on the type of claim.

Yes. Insurers and their lawyers regularly review the claimant’s public social media presence, including historical posts. Photos and posts that appear inconsistent with the injury can be tendered in the proceeding and used in cross-examination. Privacy settings reduce but do not eliminate the risk: posts may still be obtained by other means. The question to ask during the life of a claim is not what you intend to communicate, but what the post could appear to say to someone looking for inconsistency.