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Personal injury law

Personal injury representation in Queensland.

Motor vehicle, workers' compensation, public liability, bicycle and superannuation claims for individuals injured across Queensland.

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Reviewed by , Principal Lawyer, Fraser Lawyers Last updated

An injury changes things. Not always permanently, but immediately, and in ways that take time to measure. The question that follows, what can be done about it, and under which scheme, depends on where the injury happened, who was responsible, and what framework governs that type of event in Queensland.

Fraser Lawyers acts for individuals injured in motor vehicle accidents, workplace incidents, public spaces and events, bicycle interactions with motor vehicles, and those making claims under superannuation fund insurance. Work runs 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 circumstances.

Scope of work

The work we do.

01

Motor vehicle accidents

Queensland’s compulsory third-party scheme means that almost every registered vehicle carries insurance cover that responds to injury claims. The framework applies to drivers, passengers, motorcyclists, cyclists and pedestrians. Where the at-fault vehicle is unidentified or uninsured, the Nominal Defendant scheme stands in. The Motor Accident Insurance Act 1994 (Qld) and the Motor Accident Insurance Commission govern the pre-court process from notice of claim through to compulsory conference.

  • CTP
  • Driver
  • Passenger
  • Pedestrian
02

Workers' compensation

Queensland runs two parallel pathways for injured workers. The statutory pathway provides weekly benefits, medical expenses and lump-sum compensation regardless of fault, administered by WorkCover Queensland or a self-insurer. The common-law pathway is a damages claim against the employer’s insurer where the employer’s negligence caused the injury. Knowing which pathway is open, and whether the second is worth pursuing, is the first decision worth making carefully.

  • Statutory
  • Common law
  • Re-injury
  • Industrial deafness
03

Public liability

Someone who is injured on premises, in a public space, or at an event because another party failed to take reasonable care has a public liability claim. The test is fault-based: duty of care, breach, causation. Pre-court process runs under Part 1 of the Personal Injuries Proceedings Act 2002 (Qld). There is no common insurer as there is in CTP or workers’ compensation; you serve the person or entity whose negligence caused the injury.

  • Slip and fall
  • Premises
  • Sporting
  • Event
04

Bicycle and pedestrian

A cyclist or pedestrian injured by a motor vehicle claims under the same CTP framework that applies to other road users, not under a separate scheme. The at-fault vehicle’s CTP insurer responds. Where the vehicle is unidentified, the Nominal Defendant scheme applies with shorter notification deadlines than for identified vehicles. Contributory negligence, including failure to wear a helmet, can reduce but does not bar a claim.

  • CTP cycle
  • CTP pedestrian
  • Hit and run
  • Nominal defendant
05

Superannuation, TPD and income protection

Most Australians have insurance within their superannuation fund without knowing the details of the cover they hold. TPD pays a lump sum where the member is permanently disabled and unable to return to work. Income protection pays a proportion of pre-disability earnings for a defined period. Terminal illness and death benefits are also available under most policies. Claims are assessed by the insurer against the policy terms; where a claim is denied, internal review and then the Australian Financial Complaints Authority (AFCA) are the available steps.

  • TPD
  • Income protection
  • Terminal illness
  • Death benefit
Statutory framework

The Acts that regularly come up.

  • Personal Injuries Proceedings Act 2002 (Qld)

    Sets the pre-court procedure for most personal injury claims in Queensland that do not fall under the workers' compensation or motor accident schemes. Notices, compulsory conferences and offers all sit under this Act.

  • Motor Accident Insurance Act 1994 (Qld)

    The framework for the Queensland CTP scheme. Governs how a claim is notified, the role of the insurer, and the steps before any court proceeding can be issued.

  • Workers' Compensation and Rehabilitation Act 2003 (Qld)

    The Queensland workers' compensation framework. Sets the rules for statutory benefits, common-law claims, and the interaction between the two pathways.

  • Civil Liability Act 2003 (Qld)

    Rules on duty of care, contributory negligence and damages assessment that apply across most personal injury claims, sitting alongside the relevant pre-court Act.

  • Limitation of Actions Act 1974 (Qld)

    Sets the time limits within which a claim must be commenced. For most personal injury claims the period is three years from the date of injury, with limited exceptions.

  • Civil Proceedings Act 2011 (Qld)

    The procedural framework if a personal injury claim cannot be resolved pre-court and proceeds to trial in the Queensland Magistrates, District or Supreme Court.

  • Legal Profession Act 2007 (Qld)

    Section 308 requires a written costs disclosure before any work begins. Section 347 sets specific rules for personal injury work, including conditional costs arrangements and limits on advertising.

Why this firm

Why Fraser Lawyers.

01

Established 2013.

Founded by Blake Fraser. Twelve years of practice in eight areas, on the same Bundall address.

02

Bundall office.

One office. Five minutes from Surfers Paradise. On-site parking. The lawyer running your file is the lawyer you spoke to.

03

Queensland courts.

Magistrates, District and Supreme Courts of Queensland; Federal Circuit and Family Court of Australia; QCAT.

04

Eight practice areas.

Personal injury, commercial, conveyancing, criminal, family, property, traffic, wills and estates. Cross-referrals managed in-house.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch
How do I know if I have a personal injury claim?

It depends on what happened, where it happened, and what injury resulted. Most personal injury claims in Queensland turn on three questions: did someone owe you a duty of care, did they breach it, and did that breach cause your injury. The first call is the fastest way to identify which scheme applies to your circumstances and what the next step looks like. We tell you what we can assess at that stage, and what we cannot.

How long do I have to start a claim?

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.

Will I have to go to court?

Most personal injury claims in Queensland resolve through the pre-court process: notices, exchange of medical and financial material, and a compulsory conference at which the claim is considered for settlement. Court proceedings are issued in the minority of cases that do not resolve at that point. We run files with that pattern in mind and tell you in writing where the file is at each stage.

What does it cost to engage Fraser Lawyers in a personal injury matter?

We provide a written costs disclosure under section 308 of the Legal Profession Act 2007 (Qld) before any work begins. The disclosure sets out the basis on which fees are calculated, an estimate, and the disbursements (expert reports, court fees, search fees) that are likely to arise. Section 347 of the Act applies to personal injury work and we comply with its specific requirements. We explain the disclosure in plain English before you commit.

Can I claim if I was partly at fault for the accident?

Often, yes. The Civil Liability Act 2003 (Qld) allows a claim to continue with damages reduced for contributory negligence. The reduction is assessed as a percentage based on the facts. We discuss this with you on the first call when there is any question about who did what.

Do I need medical evidence to support a claim?

Yes. Personal injury claims are evidence-driven and medical reports are central. In most claims, the parties exchange a panel of expert medical reports through the pre-court process. We coordinate that work. You do not chase doctors or insurers. We tell you in writing what evidence is being gathered and why.

What does the personal injury claim process look like step by step?

Most personal injury claims in Queensland follow a structured pre-court sequence: notice of claim within statutory time limits, exchange of medical and financial material, response by the at-fault insurer on liability, an independent medical examination, a compulsory conference, and the exchange of mandatory final offers. Court is the minority pathway. The Queensland personal injury claim process sets out each step in detail and the typical timeline that applies under the Personal Injuries Proceedings Act 2002 (Qld), the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and the Motor Accident Insurance Act 1994 (Qld).

Can what I post on social media affect my 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.

Talk to Fraser Lawyers about your personal injury matter.

An initial call or email is the fastest way to know whether we can help and what the next step looks like. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217. We answer the phone Monday to Friday, 8:30 to 5:00.

Visit

Visit us in Bundall.

Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.

Contact us about your matter
Call (07) 5554 6116 Get in touch